Dayton Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Written not guilty plea

Must include

proposed order

To have a warrant removed, the filer must submit a Motion and Proposed Entry to Vacate Warrant with the not-guilty plea.

Written Not Guilty Pleas may be filed; however, the warrant will not be removed unless a Motion and Proposed Entry to Vacate Warrant is filed with the Not Guilty Plea.

CRITICAL

Applies to

Motion for writ of execution

A party seeking a writ of execution on an abandoned manufactured or mobile home or recreational vehicle must use the Court’s designated form.

A party requesting a Writ of Execution on an abandoned manufactured or mobile home or recreational vehicle shall use the Court’s form “Motion For Writ of Execution on Abandoned Manufactured/Mobile Home or RV.”

CRITICAL

Applies to

Mediated agreement

In eviction cases, the mediator must prepare and file a written Mediated Agreement covering restitution and damages.

The mediator shall prepare and file a written Mediated Agreement on the First Cause for Restitution and on the Second Cause for Damages.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing authority citations and counsel's arguments.

All motions must be in writing and accompanied by a written memorandum containing citations of authority and the arguments of counsel.

CRITICAL

Applies to

Forcible entry and detainer complaint

An eviction complaint must state the reason for eviction and include the specified notices, lease or land contract, and relevant rental record or oral-lease affidavit.

Forcible entry and detainer (eviction) cases shall be heard by the civil magistrate within the time required by law. The Complaint shall contain the reason for eviction. Copies of the 3-Day Notice, any other required notices, the lease, land contract, and a full rental ledger or equivalent financial record covering the relevant period in question, or affidavit (if an oral lease) shall be attached to the Complaint.

CRITICAL

Applies to

Notice of eviction

For a manufactured home, mobile home, or recreational vehicle owned by the tenant, use the Dayton Municipal Court form and serve it on the tenant-owner.

The Dayton Municipal Court Notice of Eviction for Manufactured Homes form must be used and served on the Tenant (Owner).

CRITICAL

Applies to

Motion

A plaintiff/landlord seeking default or summary judgment must attach documentary evidence establishing the amount of damages.

If plaintiff/landlord files a motion for default or summary judgment, documentary evidence such as invoices, affidavits, photos, etc., establishing the amount of damages, must be attached to the motion.

CRITICAL

Applies to

Request to remove original papers

Except for court personnel, original papers, including filed transcripts or depositions, may be removed from the files only after filing a court-approved entry and a written receipt, which the Clerk retains until return.

Excepting court personnel, original papers, which shall include transcripts or depositions filed in the action, shall not be taken from the files except upon filing an entry approved by the court and a written receipt, which shall be retained by the Clerk until the file is returned.

CRITICAL

Applies to

Notice of alibi

A notice of alibi must state the intent to claim alibi and identify where the defendant claims to have been when the alleged offense occurred.

The Notice shall state the intention to claim alibi and include specific information as to the place at which the defendant claims to have been at the time of the alleged offense.

CRITICAL

Applies to

Motion

If the tenant fails to comply with the restitution agreement, the owner or landlord must file a motion requesting an Entry Granting Restitution and a Writ of Restitution.

The owner/landlord shall file a motion requesting an Entry Granting Restitution and a Writ of Restitution if the defendant (tenant) fails to comply with the Mediated Agreement for restitution of the premises.

CRITICAL

Applies to

Photo enforcement affidavit

To designate another driver, complete and notarize option C on the citation and return it to the office within 30 days of receipt.

You must complete option "C" (Affidavit) on the back of your citation designating another person as the driver. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

Applies to

Faxed pleading

Must include

certificate of service

Faxed pleadings must include a certificate of service showing that the filer served all required parties in accordance with Civ.R. 5.

Faxed pleadings must include a certificate of service showing that all required parties were served by the filer in accordance with Civ.R. 5.

CRITICAL

Applies to

Special process server appointment order

The appointment order must state that the server’s authority ends if the server ceases to meet the required qualifications.

The order shall provide that if the special process server ever fails to satisfy the required qualifications during the appointment, their authority to serve process shall cease.

CRITICAL

Applies to

Photo enforcement affidavit

To identify the driver at the time of the violation, complete and notarize option C and return it within 30 days of receiving the citation.

You must complete option "C" (Affidavit) on the back of your citation designating who the driver was at the time of the violation. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

Applies to

Special process server application

A person selected to serve civil process must apply for appointment and certify the listed qualifications by affidavit.

If a party desires a certain person serve civil process on their case(s), the person must apply to be appointed a special process server pursuant to Civ. R. 4.1. To qualify as a civil process server for personal or residence service, the applicant must certify by affidavit that he or she has the following qualifications: 1. Not less than eighteen years of age; 2. Not a party to the proceeding, related to a party to the proceeding, or having a financial interest in the outcome of the proceeding; 3. A United States citizen or a legal resident of the United States; 4. Hold a valid government-issued identification card, passport, or driver’s license; 5. Not convicted in the last ten years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole; 6. Not currently a respondent under any civil protection order; 7. Familiar with the required procedure for service of process; and 8. Will conduct themself in a professional manner.

CRITICAL

Applies to

Continuance motion

A motion for a continuance must be accompanied by an entry with blank spaces for the new trial or hearing date, time, and courtroom.

Sup.R. 41 shall be followed. Additionally, attorneys submitting motions for continuances shall accompany them with an entry providing blank spaces for the new trial or hearing date, time, and courtroom.

CRITICAL

Applies to

Journal entry

Immediately after the court approves representation by the Public Defender's Office, that office must file a journal entry formalizing the appointment with the Clerk of Court.

Immediately upon approval by the court of representation of a defendant by the Public Defender's Office, that office shall file with the Clerk of Court a journal entry formalizing the appointment.

CRITICAL

Applies to

Forcible entry and detainer complaint

A plaintiff representing a trust or estate must attach the order appointing the plaintiff as trustee or executor.

If plaintiff is representing a trust or estate, a copy of the order appointing plaintiff as trustee or executor must also be attached.

CRITICAL

Applies to

Jury trial demand

If a jury trial is requested, a written jury-trial demand must be filed with the Clerk of Court.

If a jury trial is requested, a written demand for jury trial must be filed with the Clerk of Court pursuant to Crim.R. 23.

CRITICAL

Applies to

Commitment order form and jail slip

An ineligibility determination must be entered in the specified section of both forms using a uniform, court-approved stamp.

The determination of ineligibility shall be recorded in the “Special Instructions” section of the Commitment Order Form and the Jail Slip using a uniform, court-approved stamp.

WARNING

A faxed document is the effective original and need not be separately filed, but the filer must keep the source document and cover sheet available for production on the Court’s request, with original signatures when otherwise required.

1. A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the Court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.

WARNING

Applies to

Electronic filing cover page

Must include

page count

The e-filing cover page requests the transmission date and a page count that includes the cover page.

Filing Information: Date of Transmission: Number of pages — including Cover Page:

WARNING

The filer must retain the faxed source document until the case is closed and all opportunities for post-judgment relief are exhausted.

2. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

WARNING

Applies to

Notice of filing supplement to facsimile transmission

The supplemental facsimile filing notice states the exhibit label and original document, the fax filing date, and that an exhibit not accurately transmitted by fax is filed separately.

[Insert party], through counsel, hereby files Exhibit “[insert Exhibit label]” to [insert original document title]. The referenced pleading was filed by facsimile transmission with the Dayton Municipal Court on [insert date filed]. Exhibit “[insert Exhibit label]” could not be accurately transmitted by fax and is therefore being timely filed as a separate document with the Court pursuant to DMCR 2.15.1.

WARNING

Recipient Information: Please circle one. Civil or Small Claims Traffic Division Criminal Division

Recipient Information: Please circle one. Civil or Small Claims Traffic Division Criminal Division

WARNING

Applies to

Facsimile filing cover page

The facsimile filing cover page directs the filer to circle the applicable recipient division.

Recipient Information: Please circle one. Civil or Small Claims Traffic Division Criminal Division

WARNING

Applies to

Poverty affidavit

A poverty affidavit must use the Court-required form; it is not intended to avoid prepayment of court costs and remains subject to review at any stage.

Such affidavit is to be in such form as required by the Court. However, it is intended that poverty affidavits are not to be filed to avoid prepayment of court costs and will be subject to court review at any stage in the proceedings.

WARNING

Applies to

Written appearance and plea

Before arraignment, defense counsel may file a written appearance and not-guilty plea, except in domestic violence cases or when otherwise prohibited by law.

Prior to arraignment, the defendant's counsel may file a written appearance and a plea of not guilty, pursuant to Crim.R. 10(B), except in domestic violence cases or where otherwise prohibited by law.

WARNING

Applies to

Facsimile filing cover page

If no judge has been assigned, the facsimile filing cover page directs the filer to state that in the space provided.

(if a judge has not been assigned, please state that fact in the space provided.)

WARNING

Judge*: * (if a judge has not been assigned, please state that fact in the space provided.)

Judge*: * (if a judge has not been assigned, please state that fact in the space provided.)

WARNING

Applies to

Notice of filing supplement to facsimile transmission

Must include

certificate of service

The supplemental facsimile filing notice includes a certificate stating that a copy was sent by ordinary U.S. mail, with the date and recipient address.

CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing Exhibit “[insert Exhibit label]” was sent by ordinary U.S. mail on [date] to [party served] at [address].

WARNING

Applies to

Facsimile filing cover page

Must include

page count

The facsimile filing cover page requests the number of pages, including the cover page.

Number of pages — including Cover Page:

WARNING

Applies to

Warrant information request

Bring official identification to the Montgomery County Jail to request warrant information.

Please bring official ID to the Montgomery County Jail to request this information.

WARNING

Applies to

Signed document filed by fax

A party who files a signed document by fax represents that the physically signed source document is in their possession or control.

A party, who files a signed document by fax, represents that the physically signed source document is in his/her possession or control.

INFO

Applies to

Electronically produced ticket

An electronically produced ticket does not require the defendant's signature.

A ticket produced by computer or other electronic means shall not require the signature of the defendant.