Darke County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion to suppress

A motion to suppress must identify the items of evidence with particularity.

In motions to Suppress, the items of evidence shall be specified with particularity.

CRITICAL

Applies to

Written request to excuse appearance

Defendants cited for the listed offenses must appear regardless of residence unless they submit a written request for the judge’s approval before the hearing time.

All persons, regardless of residence, must appear in Court if cited for the following offenses, unless a written request by the Defendant is submitted to the Court for the Judge’s approval prior to their hearing time: • All criminal charges that are misdemeanors of the first, second, third or fourth degrees; • All traffic offenses that are unclassified or misdemeanors of the first, second, third or fourth degrees; • Driving under suspension or revocation of driver’s license; • Reckless operation;

CRITICAL

Applies to

Jury demand

A jury-trial demand must conform to Criminal Rule 23; otherwise, the right to a jury trial is waived.

Any demand for trial by jury must conform to the requirements of Crim. R. 23. Failure to demand a trial by jury as provided therein shall be deemed a complete waiver of such right.

CRITICAL

Applies to

Praecipe requesting documents

A praecipe requesting documents must be in subpoena duces tecum form and specify whether the records custodian must attend or may submit the documents instead.

Praecipes requesting documents shall be in the form of a subpoena duces tecum and shall state with specificity whether the custodian of the records is required to attend with said documents, or whether such documents may be submitted in lieu of appearance.

CRITICAL

Applies to

Motion

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

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

WARNING

Applies to

Appearance and plea

Before arraignment, defense counsel may file a written appearance and not-guilty plea under Crim. R. 10(B), except for the listed offenses; pleas and appearances are not accepted by telephone.

Prior to arraignment, Defendant’s counsel may file a written appearance and a plea of not guilty pursuant to Crim. R. 10(B), except for those offenses listed in below. No plea or appearance will be accepted by telephone.

WARNING

Applies to

Public records request

A public-records request must be written and identify the requested records and relevant case information, provide the requester’s name and contact information, and specify how and where records should be sent.

No specific language is required to make a request for public records. However, the requester must at least identify the records requested; the offender’s name and identifying information, the case number, charge, approximate date of the offense committed, and what records are being requested with sufficient clarity to allow the office to identify, retrieve, and review the records. The requester must put a records request in writing, provide the requester’s name and contact information, specify how the requester would like to receive the records and where the requester would like the records to be sent.

WARNING

Applies to

Entry

Entries must be drafted in language appropriate to the specific facts of the case.

CONTENT: Entries shall be drawn in language that is appropriate to the specific facts of the case in which it is filed.

WARNING

Applies to

Public records request

A request for records to be picked up at the Clerk’s office must include a telephone number for notifying the requester when the information is ready.

Information requests which are to be picked up in the Clerk’s office must be accompanied by a telephone number so we may contact the requester when the information is ready.

WARNING

Applies to

Public records request

A records request that will not be picked up at the Clerk’s office must include a self-addressed envelope with sufficient postage for the Clerk’s mailed response.

Information requests which are not picked up in the Clerk’s office will require a mailed response from the Clerk and must be accompanied by a self-addressed envelope with sufficient postage.

INFO

Applies to

Pretrial entry

The Court may direct the parties to file a record entry designating all stipulations, admissions, and other matters addressed at the pretrial.

The Court may direct the parties to file an entry which shall become part of the record, with designates all stipulations, admissions and other matters which have come before it in the pretrial.