Darke County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

Except for motions made on the record in open Court, motions must be written, accompanied by a written memorandum containing counsel’s arguments and pertinent law, and filed under the Ohio Rules of Civil Procedure.

All motions, other than those made in open Court on the record, must be in writing, accompanied by a written memorandum containing the arguments of counsel and pertinent law and filed in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Trustee appointment application

When filing the trustee application, the debtor’s attorney must deliver or mail the Clerk two copies of the appointment notice for each listed creditor, with a properly addressed stamped envelope for each creditor.

At the time of filing the application, the attorney for the debtor shall deliver or mail to the Clerk two (2) copies of a notice of the appointment for each creditor listed in the application together with a stamped envelope properly addressed to each creditor.

CRITICAL

Applies to

Court paper

Must include

caption, case number

Every paper filed with the Court must include a case caption and case number.

All papers offered for filing with the Court shall bear: • A case caption and case number;

CRITICAL

Applies to

Contempt citation

Contempt citations may use the forms prescribed by law and must be provided by the requesting party with one original and four copies.

Contempt Citations may be filed on the forms prescribed by law and provided by party requesting such action and shall include one (1) original and four (4) copies.

CRITICAL

Applies to

Trustee appointment notice

Each trustee-appointment notice must state the applicant’s name, claimed debt amount, objection hearing time and place, and a place for the creditor’s certification or objection.

Each notice shall contain the name of the applicant, the sum the applicant claims is owing to the creditor, the time and place that objections to said application shall be heard and a place for the certification or objection to the creditor.

CRITICAL

Applies to

Motion

Motions must clearly and specifically state their grounds and supporting citations, and include copies of all cited cases.

All motions shall set forth clearly and specifically the grounds for the motion and supporting citations (copies of all cited cases must be attached).

CRITICAL

Applies to

Document filed on behalf of represented party

A document filed for a party represented by counsel must be signed in the individual name of one attorney as trial attorney and show that attorney’s Supreme Court Registration Number.

All documents filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney and show the Supreme Court Registration Number.

CRITICAL

Applies to

Jury demand

A party demanding a jury waives the jury if it fails to comply with any provision of Rule 20, and the matter will be decided by the Court.

The failure to comply with any of the provisions of this rule by the party demanding the jury shall constitute a waiver of the jury and the matter shall be submitted to the Court for decision.

CRITICAL

Applies to

Paper

When applicable, a paper must include the designated trial attorney’s typed name, office address and telephone number, attorney registration number, and signature.

The typed name, office address, office telephone number, attorney registration number and signature of the designated trial attorney, if applicable.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing legal citations, copies of all cited cases, and counsel’s arguments.

All motions must be in writing and accompanied by a written memorandum containing citations of law (with copies of all cited cases attached) and the arguments of counsel.

CRITICAL

Applies to

Evidence

At the hearing, each party must bring its evidence, a copy for the Court, and a copy for the opposing party.

All parties will need to bring their evidence with them to Court along with a copy for the Court and a copy for the opposing party.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a scheduling conflict with another court must include a copy of that court’s scheduling notice.

Motions made for continuance due to scheduling conflicts with another court must have a copy of the conflicting courts’ scheduling notice attached to the motion or the motion

CRITICAL

Applies to

Trustee appointment application

A trustee-appointment application must include a complete and accurate sworn statement of the debtor’s identifying and employment information, recent gross earnings, and the creditor who gave the 15-day notice.

APPLICATION: The application for an appointment of a trustee shall include a complete and accurate statement, under oath, of: • the debtor’s name, address and phone number; • the name and address of their employer(s); • the amount of their gross earnings for the previous thirty (30) days; and • a statement indicating the name of the creditor from whom the fifteen (15) day written notice of proceedings against their earnings was received.

CRITICAL

Applies to

Cognovit judgment entry

Before filing a cognovit judgment entry, the original note must be presented to the Clerk for stamping or endorsement that it is in judgment.

Before an entry is filed in the case of confession of Judgment by warrant of Attorney, the original note shall be presented to the Clerk who shall stamp or endorse thereon the fact that the note is in judgment. The entry shall not be filed until this is done.

CRITICAL

Applies to

Judgment entry

Counsel for the prevailing party must prepare an appropriate entry and submit it within 14 days of the decision.

Counsel for the party in whose favor an order or judgment is rendered shall prepare an appropriate entry and submit it to the Court within fourteen (14) days of the decision.

CRITICAL

Applies to

Paper

Each paper must have a title identifying the filing party, the party designation, and the nature of the document.

• A title identifying the name and party designation of the party filing the paper and the nature of the document (e.g., Answer of Defendant, John Doe) and;

CRITICAL

Applies to

Entry of appearance

Every attorney of record must file an Entry of Appearance for their client.

All attorneys of record shall file an Entry of Appearance on behalf of their client.

CRITICAL

Applies to

Forcible entry and detainer case

Forcible Entry and Detainer cases are set for restitution and monetary-damages hearings requiring the parties’ appearance, unless monetary damages were not requested when filed.

All Forcible Entry and Detainer cases shall be set for two hearings requiring appearance of the parties, Restitution of Premises and Monetary Damages, unless Monetary Damages are not requested at the time of filing.

CRITICAL

Applies to

Motion to withdraw as trial attorney

An attorney who has appeared may withdraw as trial attorney only by written motion showing good cause and after notifying the client.

No attorney who has entered his or her appearance in a case may withdraw as trial attorney except upon written motion for good cause shown and after notice to the client.

CRITICAL

Applies to

Transcript request

Must include

case number

A requester seeking transcription must submit a written request to the Court Reporter containing the Court, case number, party name, and hearing date and time.

If the requester chooses to have an electronic record transcribed or request a transcript of a court proceeding then the requester must submit a written request for the transcript of an electronic record to the Court Reporter for Darke County Common Pleas Court. The request must include the Court, the case number, the party’s name, the date and time of the hearing being requested to be transcribed.

CRITICAL

Applies to

Pretrial agreement

Recommendations to withdraw, reduce, or dismiss charges and their reasons must be stated in open court or specifically set out in a properly executed written pretrial agreement.

All recommendations for withdrawal, reduction or dismissal of charges and the reasons therefore shall be made in open Court by the Prosecuting Attorney, or shall be specifically set forth in writing by a properly executed pretrial agreement.

CRITICAL

Applies to

Continuance entry

The movant must submit an entry stating the outcome of efforts to obtain opposing counsel’s consent and leaving blanks for the new trial or hearing date and time.

The movant shall submit an entry indicating the outcome of such efforts and shall provide blanks for the new trial or hearing date and time.

CRITICAL

Applies to

Audio transcript request

An audio transcript must be requested in writing, with the case caption, proceeding type, hearing date and time, requester’s name and phone number, and any additional information requested by the Court.

Audio transcripts of a Court proceeding must be requested in writing. The request must include: case caption, type of trial or hearing, date and time of hearing, name and phone number of the requesting party and any additional information requested by the Court.

CRITICAL

Applies to

Complaint

A complaint seeking prejudgment interest or a nonstatutory judgment-interest rate must attach the defendant-signed contract or agreement establishing the rate or prejudgment-interest commencement date.

All complaints requesting pre-judgment interest and/or judgment interest at a rate other than the current statutory rate of interest must attach the contract or agreement, signed by Defendant(s), as to the interest rate and/or pre-judgment interest commencement date.

CRITICAL

Applies to

Trusteeship application

An additional creditor may be listed in a trusteeship only upon application and service of notice on that creditor.

Additional creditors may be listed in the trusteeship only upon application and the service of a notice to each additional creditor as heretofore provided.

CRITICAL

Applies to

Request for hearing

The clerk assigns a hearing date only after receiving the Judgment Debtor’s Request for Hearing form.

Hearing dates shall be assigned by the clerk only upon receipt from the judgment debtor of the “Request for Hearing” form.

CRITICAL

Applies to

Written request for recording device authorization

Other recording devices are prohibited in criminal, traffic, and civil cases unless authorized in advance; a written request for review must be submitted at least seven days before the proceeding.

No other recording devices are permitted during any criminal/traffic or civil cases, unless prior authorization has been granted. This written request must be submitted to the Court for review at least seven (7) days prior to the scheduled Court proceeding.

CRITICAL

Applies to

Settlement entry

Settlement entries may be filed at any time, but avoiding trial by settlement requires an agreed judgment entry before trial or placing the agreement on the record on the scheduled trial date; the Court may approve a variance.

Entries of settlement may be filed at any time; however, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry before commencement of the trial, or by placing the agreement on the record on the scheduled date for trial. Variance to this step is subject to Court approval.

CRITICAL

Applies to

Pretrial agreement

Pretrial agreements filed with the Court must be complete, use the required format, and be printed on blue paper.

Pretrial Agreements filed with the Court must be completed in their entirety using the required format and printed on blue paper.

CRITICAL

Applies to

Forms served on judgment debtor

Forms served on the judgment debtor must include notice of the hearing date assigned by the civil clerk.

Hearing dates are assigned by the civil clerk and notice thereof shall be included in the forms served upon said Judgment Debtor.

CRITICAL

Applies to

Entry

Must include

certificate of service

Every entry must state that a copy has been issued to opposing counsel or, if self-represented, the opposing party.

ALL ENTRIES SHALL DESIGNATE THAT A COPY OF THE SAME HAS BEEN ISSUED TO THE OPPOSING COUNSEL OR PARTY IF SELF-REPRESENTED.

CRITICAL

Applies to

Traffic citation

Each traffic citation must include the defendant’s current driving record and a statement of the officer’s facts.

All traffic citations shall be filed within forty-eight (48) hours of the offense and shall include a current driving record of Defendant and a statement of facts of the officer.

CRITICAL

Applies to

License suspension appeal

A Municipal Court appeal from a BMV suspension must include a civil complaint, proof of reinstatement-fee payment, proof of insurance, and specified employer proof.

All appeals filed in the Municipal Court from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: • Civil Complaint • Proof of payment of reinstatement fee(s) to BMV • Proof of Insurance • Proof of employment from employer, which must include: 1. Confirmation of employment; 2. Days of week and hours of work each day; and 3. Whether you are required to drive during your employment hours.

CRITICAL

Applies to

Documents returned by mail

A document that must be returned by mail must be submitted with an envelope bearing ample postage to return all submitted copies.

All documents required to be returned by mail must be accompanied by an envelope with ample postage for all submitted copies to be returned.

CRITICAL

Applies to

Forcible entry and detainer complaint

A Forcible Entry and Detainer complaint must include copies of the Notice to Leave Premises.

When filing the Complaint, the Court requires Plaintiff to attach copies of the Notice to Leave Premises.

CRITICAL

Applies to

Judgment entry

Counsel for the party in whose favor an Order or Judgment is rendered must prepare and submit a Judgment Entry within fourteen days of the decision.

Counsel for the party in whose favor an Order or Judgment is rendered shall prepare a Judgment Entry and submit it to the Court within fourteen (14) days of the decision.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a conflict with another court must include a copy of that court’s scheduling notice or the motion will be denied.

Motions made for continuance due to scheduling conflicts with another court must have a copy of the conflicting courts’ scheduling notice attached to the motion or the motion will be denied.

CRITICAL

Applies to

Confirmation and distribution entries

The party requesting the sale must prepare the confirmation and distribution entries with the required sale-regularity and remaining-balance statements, unless the Court directs otherwise.

Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect, unless otherwise directed by the Court. Must also provide a statement of the balance, if any, still due on the judgment.

CRITICAL

Applies to

Pleading

Legal cases cited in briefs or other supporting documents must be attached to the pleading.

All legal cases cited in briefs or other supporting documents shall be attached to the pleading.

CRITICAL

Applies to

Status report

Immediately after the pretrial, the Plaintiff or Plaintiff’s counsel must file a status report notifying the Court of the case’s status.

Once the pretrial is concluded, Plaintiff or Plaintiff’s counsel shall notify the Court immediately as to the status of the case by filing a status report.

CRITICAL

Applies to

Bank attachment

Bank Attachment filings must include an original for the Clerk and sufficient copies for service on the financial institution, Judgment Debtor, and filing attorney or party.

Filings shall include an original (to be retained by the Clerk) and sufficient copies for service upon the financial institution, the Judgment Debtor and the Attorney or party filing same.

CRITICAL

Applies to

Paper

A self-represented party must include their name, address, telephone number, and email address.

If a party is self-represented, said party shall include their name, address, telephone number and email address.

CRITICAL

Applies to

Settlement

A settlement within 40 days before trial avoids trial only if an Agreed Judgment Entry is submitted or the agreement is placed on the record at trial; a variance requires court approval.

When a case is settled within forty (40) days before the trial date, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry or by placing the agreement on the record at the trial. Variance to this rule is subject to Court approval.

CRITICAL

Applies to

Status report

At the conclusion of the pretrial, the Plaintiff’s attorney of record or self-represented Plaintiff must file a Status Report with the Court.

At the conclusion of the pretrial, attorney of record for the Plaintiff, or the Plaintiff themselves if self-represented, must file a Status Report with the Court.

CRITICAL

Applies to

Third party claim

A person other than the judgment debtor claiming attached or levied property must file a pleading designated “Third Party Claim” in the same case.

Then the property attached or levied upon by the Plaintiff is claimed by anyone other than the party against whom the writ was issued, the claimant shall file in the same case, a pleading designated “Third Party Claim”.

CRITICAL

Applies to

Small claims complaint and post judgment collection

A non-attorney may file a corporate plaintiff’s Small Claims complaint, except in contested proceedings, but post-judgment collection efforts must be conducted by an attorney.

In Small Claims cases, when the Plaintiff is a corporation or similar legal entity, non-attorneys may file the complaint. However, this exception does not apply to contested proceedings or to any actions taken after judgment has been obtained. Once a judgment is obtained in a Small Claims case, all efforts to collect said judgment on behalf of the corporate entity must be conducted by an attorney. This includes, but is not limited to, requests for debtor’s examinations and garnishments/attachments.

CRITICAL

Applies to

Complaint and subsequent pleadings

When the Plaintiff is a corporation or similar legal entity, the complaint and all subsequent pleadings or filings must be signed and filed by an attorney.

When the Plaintiff is a corporation or similar legal entity, the complaint and all subsequent pleadings or filings must be signed and filed by an attorney.

CRITICAL

Applies to

Final pretrial brief

In jury trials, parties must file final pretrial briefs by the date set by the Judge, including the specified facts, issues, authorities, witnesses, and proposed jury instructions.

In all cases of trial by jury, the parties shall be required to file final pretrial briefs. All pretrial briefs shall be filed by a date set by the Judge and shall include a recitation of the undisputed facts; a recitation of disputed legal and factual issues, stipulations, if any; relevant case law and statutory authority; a list of witnesses to be called to testify; and, any proposed jury instructions.

CRITICAL

Applies to

Transfer to regular civil docket

Transfer of a small claims case and its counterclaims or cross-claims requires a motion, affidavit, and payment of required costs, and is subject to the Court’s discretion or other mandate.

Upon the filing of a motion and affidavit, as required by O.R.C. §1925.10 and upon payment of the required costs, the small claims complaint and any counter or cross-claims, shall be transferred to the regular docket of the Civil Division at the discretion of the Court, or as otherwise mandated.

CRITICAL

Applies to

Motion

Must include

proposed order

The moving party must include a proposed entry with every motion.

All motions filed shall include a proposed entry by the moving party.