Dayton Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Signed document filed by fax

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

A party, who wishes to file a signed source document by fax, shall either: (a) Fax a copy of the signed source document; or (b) 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

If a defendant is ineligible for sentence reduction, the Court must state on the record that the sentence must be served in full and is not subject to reduction.

If the Court determines that a defendant is ineligible for sentence reduction pursuant to R.C. 2947.151, the Court shall state on the record that the sentence is to be served in full and is not subject to sentence reduction.

CRITICAL

Applies to

Application for order to return exhibit

An application for an order to return an exhibit must be supported by an affidavit stating all pertinent facts, unless made on stipulation.

The application for such an order shall be supported by an affidavit stating all the pertinent facts, except where it is made on stipulation.

CRITICAL

Applies to

Entry

A change of trial counsel requires filing an entry designating new trial counsel and may not delay trial.

B. Change of Trial Counsel: Change of trial counsel will be permitted by the judge assigned to the case only upon the filing of an entry containing the designation of new trial counsel and provided such change will not delay the trial.

CRITICAL

Applies to

Motion to unseal court record

A motion to unseal a court record must include an attached affidavit stating good cause to unseal it.

An Affidavit shall be attached to the Motion to Unseal Court Record, which sets forth good cause why the record should be unsealed.

CRITICAL

Applies to

Bail bond agent registration

To register, a bail bond agent must file with the Clerk of Court, Criminal Division, a certified copy of the agent’s power-of-attorney appointment from each insurer represented.

To register, a bail bond agent shall file with the Clerk of Court, Criminal Division, a certified copy of the surety bail bond agent's appointment by power of attorney from each insurer that the bail bond agent represents.

CRITICAL

Applies to

Exhibit filed separately

Must include

caption, judge name, case number

An exhibit filed separately this way must have a cover sheet with the specified case and exhibit information, and the filing must be signed and served under the rules governing pleadings.

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 Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Application to vacate

An application to vacate the award must be accompanied by a detailed affidavit alleging at least one of the specified grounds.

However, if a party files an application to vacate the award accompanied by a detailed affidavit(s) alleging one or more of the following: (a) That the findings of fact of the arbitration panel were clearly erroneous. (b) The decision is not in accordance with applicable law. (c) The procedures required for conducting the hearing and rendering the decisions were not followed fairly and properly with prejudice to a party, then upon such filing, the assigned judge shall schedule a hearing to inquire into the allegations thereof and determine the merits of the application.

CRITICAL

Applies to

Special process server application

The applicant must file the Clerk-provided combined application, affidavit, and proposed appointment order.

The applicant must file a combined Application, Affidavit, and Order Appointing a Special Process Server provided by the Clerk.

CRITICAL

Applies to

Written jury demand

Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid.

Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid.

CRITICAL

Applies to

Application to seal eviction record

A party seeking to seal an eviction record must complete and file the Court’s application form, including its affidavit, even if the landlord does not oppose sealing or agrees to it.

The party requesting to have an eviction record sealed must use and complete the Court’s Application and Affidavit to Seal Eviction Record form. The Application form The Application form must be filed with the Court even if the Landlord/Plaintiff does not oppose sealing the record or agrees to seal the record in an Agreed Entry. Affidavit The Application form includes an Affidavit attesting to all relevant facts.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a written memorandum containing arguments supporting the motion.

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

CRITICAL

Applies to

Notice of appeal and related filings

When a notice of appeal is filed, a copy of it and all related filed papers must immediately be furnished to the Administrative Judge.

Whenever a notice of appeal is filed in this court, the Administrative Judge shall immediately be furnished with a copy of the notice of appeal and all papers filed in connection therewith.

CRITICAL

Applies to

Request to record broadcast and photograph court proceedings

A request to record, broadcast, or photograph proceedings must use the court’s specified form, available from the assigned judge’s bailiff or the Court Administrator’s Office.

The Dayton Municipal Court Request to Record, Broadcast, and Photograph Court Proceedings form must be used and can be obtained from the assigned Judge’s bailiff or the Court Administrator’s Office.

CRITICAL

Applies to

Facsimile produced document

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

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

Notice and order to discharge garnishee

After the judgment is paid in full, the judgment creditor must prepare the combined discharge notice and order in triplicate for the judge’s signature and filing.

When the total probable amount due on a judgment has been paid in full to the judgment creditor, the judgment creditor shall prepare a combined Notice and Order to Discharge the Garnishee in triplicate to be signed by the judge and filed with the court.

CRITICAL

Applies to

Motion

Motions other than motions for continuance must include a memorandum identifying supporting issues and authorities, or the motion will be stricken.

Any motion other than one for continuance shall be accompanied by a memorandum indicating the issues and authorities in support thereof. If there is no memorandum, said motion shall be stricken from the files.

CRITICAL

Applies to

Default judgment

When seeking default judgment, plaintiff or counsel must submit an affidavit specifying the claimed damages together with a default judgment entry; otherwise the court will set a damages hearing.

When a motion for default judgment is filed, plaintiff/counsel shall submit an affidavit of the specific nature of the damages claimed along with a default judgment entry. Failure to do so will result in the court setting a damages hearing.

CRITICAL

Applies to

Amended pleading

If not all parties accept the arbitration decision, the amended pleadings must state that the controversy was submitted to arbitration and identify the panel's decision.

If the decision of the arbitration panel is not accepted by all parties thereto, the pleadings shall be amended to aver both the fact that the controversy was submitted to an arbitration panel and the decision of the arbitration panel.

CRITICAL

Applies to

Fax filing

Must include

judge name, page count, case number

A fax filing must include a cover page with the listed court, case, document, transmission, page-count, and filer information; if no judge or case number has been assigned, the cover page must say so.

1. The person filing a document by fax shall also provide a cover page containing the following information: [See Appendix (M)(1) for required cover page form.] (a) The name of the court; (b) The title of the case; (c) The case number; (d) The assigned judge; (e) The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint or Plaintiff Smith’s Response to Defendant’s Motion to Dismiss); (f) The date of transmission; (g) The transmitting fax number; (h) An indication of the number of pages included in the transmission, including the cover page; (i) If a judge or case number has not been assigned, state that fact on the cover page; and (j) The name, address, telephone number, fax number, Supreme Court registration number of attorney (if applicable), and e-mail address of the person filing the fax document, if available.

CRITICAL

Applies to

Photo enforcement affidavit

If the vehicle or plate was stolen, complete and notarize option C, attach a police report, and return the affidavit within 30 days of receipt.

If the vehicle was stolen, you must complete option "C" (Affidavit) on the back of the citation stating the vehicle or plate was stolen and attach a copy of the police report. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

Applies to

Notice of application for trustee

When filing a trusteeship application, the debtor or attorney must complete two notices for each creditor, containing the applicant’s name, claimed debt, and notice of the objection hearing.

A. At the time of filing the application, the debtor or his/her attorney shall also complete for the Clerk 1. Two copies of a Notice of Application for Trustee for each creditor (a) Each Notice shall contain: (1) the name of the applicant; (2) the sum applicant claims is owing the creditor; and (3) statement advising the creditor Objections may be made at the hearing held before the Magistrate.

CRITICAL

Applies to

Payment

Must include

caption, case number

Payment must identify the case by case number for an established case or by case caption for a new suit.

Payment must include Case number (if filing is on an established case) or Case Caption if the filing is a new suit.

CRITICAL

Applies to

Request to record broadcast and photograph court proceedings

A courtroom recording or photography request must be written and presented to the assigned judge, or to a listed court official if that judge is unavailable.

Requests for permission to broadcast, televise, record, or take photographs in the courtroom shall be in writing and presented to the judge assigned to the proceeding. If the assigned judge is not available, the written request must be presented to the Court Administrator, Presiding Judge, or Administrative Judge.

CRITICAL

Applies to

Bail bond

A bail bond agent must produce a current state bail license each time a bond is filed.

A bail bond agent must produce a current state bail license each time a bond is filed in the Dayton Municipal Court. (O.R.C. 3905.84 & 3905.85).

CRITICAL

Applies to

Photo enforcement hearing request

To contest a photo enforcement citation and request a hearing, complete option B on the citation within 30 days of receipt.

You have 30 days from receipt of the citation to contest and request a hearing. To contest the citation, you must complete option "B" on the back of the citation.

CRITICAL

Applies to

Subpoena envelope

An envelope used to serve a subpoena by ordinary mail must request return to the Clerk of Court's office if it is not delivered at once.

The envelope shall bear a request for return to the Clerk of Court's office if not delivered at once.

CRITICAL

Applies to

Motion

A motion must be accompanied by a written memorandum containing its supporting arguments.

and accompanied by a written memorandum containing the arguments supporting the motion.

CRITICAL

Applies to

Motion for writ of execution

A party seeking a writ of execution on personal property must file a motion requesting the writ.

A party must file a Motion requesting a Writ of Execution on personal property.

CRITICAL

Applies to

Journal entry

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.

CRITICAL

Applies to

Notice of eviction

The Notice of Eviction must explain the restitution and eviction date, the tenant’s obligations and consequences, and the stated treatment of personal property.

The Notice of Eviction shall inform the tenant that: (a) The Court has granted restitution of the premises to the owner and set a date for eviction; (b) The tenant must vacate and remove all personal property before the date of eviction; (c) On the date of eviction the tenant will be forcibly evicted; and (d) Personal Property. (1) Any personal property not removed before the date of eviction will be considered abandoned and subject to removal and disposal by the owner of the premises or the landlord. (2) Manufactured/Mobile Home, Rec. Vehicle (Tenant Owner) Plaintiff and the Home Park Operator shall comply with R.C. 1923.13 and R.C. 1923.14 regarding personal property that will be left behind after the eviction. Plaintiff and the park home operator will be responsible for securing any personal property left inside the manufactured home, mobile home, or recreational vehicle.

CRITICAL

Applies to

Forcible entry and detainer complaint

An eviction complaint based on nonpayment of rent must include an itemized ledger showing the amount owed when the complaint was filed.

If the plaintiff is bringing an eviction case based on nonpayment of rent, an itemized ledger detailing the amount owed at the time the complaint was filed must also be attached.

CRITICAL

Applies to

Dissenting opinion

If the panel members do not all agree, the dissenting member must submit a written dissenting opinion for filing with the majority report.

In the event that all three (3) members do not agree on the finding and award, the dissenting member shall submit a written dissenting opinion to be filed with the majority report.

CRITICAL

Applies to

Dismissal entry

After successful completion of all terms of the mediated agreement, the eviction case must be dismissed and a Dismissal Entry filed.

Upon successful completion of all terms and conditions of the First and Second Causes in the Mediated Agreement, the Eviction case shall be dismissed and a Dismissal Entry filed.

CRITICAL

Applies to

Application for sealing or expungement

Applications to seal or expunge a record must include the defendant’s date of birth, social security number, and current address.

Applications without the defendant’s date of birth, social security number, and current address will not be accepted for filing.

CRITICAL

Applies to

Pretrial request

First- through fourth-degree misdemeanors are set for pretrial unless the defendant is incarcerated; a written request must be filed in cases not automatically set for pretrial.

All first through fourth degree misdemeanors are pre-tried unless the defendant is incarcerated. On cases not automatically set for pre-trial, a written request must be filed.

CRITICAL

Applies to

Mediated agreement

In civil and small claims cases, the mediator must prepare a written agreement reflecting the settlement and damages, and the case is dismissed after the agreement is filed and damages are paid.

On Civil and Small Claims cases, the mediator shall prepare a written Mediated Agreement reflecting any settlement reached by the parties, including the amount of damages. The case shall be dismissed after the Mediated Agreement is filed with the Court and the damages are paid.

CRITICAL

Applies to

Notice of appeal

A notice of appeal in a criminal case must be filed with the Clerk of Court, Criminal Division.

All notice of appeal must be filed with the Clerk of Court, Criminal Division.

CRITICAL

Applies to

Entry of confirmation and distribution of sale

An Entry of Confirmation and Distribution of Sale must be filed after the sale.

After the Sale, an Entry of Confirmation and Distribution of Sale shall be filed.

CRITICAL

Applies to

Forcible entry and detainer complaint

The complaint must identify the legal owner of a manufactured or mobile home or recreational vehicle, and specified statutory procedures apply if the tenant is the legal owner.

Plaintiff must state on the Complaint the name of the legal owner of the manufactured or mobile home or recreational vehicle. If the Tenant is the legal owner, the procedures under R.C. 1923.12, R.C. 1923.13, and R.C. 1923.14 must be followed.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include the specified sworn information and copies of the debtor’s last two paycheck stubs from each employer.

The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of: 1. The debtor's name, address and marital status; 2. The name and address of his employer or employers; 3. The amount of the debtor's gross earnings per pay period (the debtor must supply the Clerk with copies of his or her last two paycheck stubs from each employer); and 4. The name and address of the creditor from whom the fifteen-day written notice of proceeding against his earnings was received.

CRITICAL

Applies to

Arbitration report and award

The arbitrator's filing must include a written report and award.

Within thirty (30) days after the hearing, the arbitrator shall file a written report and award with the Clerk of Court

CRITICAL

Applies to

Settlement entry

A settlement entry must state which party will pay court costs.

The entry shall state which party will pay the court costs.

CRITICAL

Applies to

Notice of self defense or related defense

The notice must identify relevant prior incidents or circumstances involving the alleged victim and provide the names and addresses of defense witnesses the defendant may call.

The Notice shall include specific information as to any prior incidents or circumstances upon which defendant intends to offer evidence related to conduct of the alleged victim, and the names and addresses of any witnesses defendant may call at trial to offer testimony related to the defense.

CRITICAL

Applies to

Affidavit

If the parties filed an agreed entry to seal without a hearing, a copy must be filed with the affidavit.

If an Agreed Entry to Seal Eviction Record Without a Hearing was filed by the parties, a copy of the Agreed Entry must be filed with the Affidavit.

CRITICAL

Applies to

Photo enforcement affidavit

If the vehicle was sold, complete and notarize option C, attach a copy of the sale transfer or title, and return the affidavit within 30 days of receipt.

Complete option "C" (Affidavit) on the back of your citation stating you sold the vehicle and attach a copy of the transfer of sale or title. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

Applies to

Traffic ticket payment or court appearance

Bring proof of insurance when paying or appearing in court on a traffic ticket.

You must bring proof of insurance whenever you pay or go to court on a traffic ticket.

CRITICAL

Applies to

Amended pleading

Filing an amended pleading is the only recognized way to notify the Court of rejection of the report and award.

The filing of the amended pleading shall be the only recognized notification of rejection.

CRITICAL

Applies to

Bail bond

A bail bond agent must register with the Clerk before a bond may be filed in the court.

The Dayton Municipal Court requires a bail bond agent to register with the Clerk of the Dayton Municipal Court before a bond may be filed in this court. (O.R.C. 3905.87).

CRITICAL

Applies to

Electronic transmission

Every electronic filing transmission must identify the recipient division in its subject line.

The Subject Line, of all electronic transmissions, shall contain the Recipient Division for the attached filing (Civil, Criminal, or Traffic).