Judge Joseph N. Schmenk
Judge • Defiance County Court of Common Pleas, General Division
Court-wide rules
Applies court-wideDefiance County Court of Common Pleas, General Division publishes its filing requirements at the court level rather than per judge, so these 260 rules are what govern this courtroom.
Filing Requirements
All 95- Applies to
- Paper
- Must include
- caption, judge name, case number
The first page of each filed paper must identify the parties, case number, judge, filing, and the filing counsel’s or party’s contact and registration information.
- Applies to
- Pleading
A pleading with an endorsed jury demand must include "Jury demand endorsed hereon" in its caption, but omission does not waive a jury demand stated in the pleading's body.
- Applies to
- Video deposition
A video-deposition filing must comply with Sup.R. 13 and include a typed certified transcript and a list of objections.
Fees
All 71- Applies to
- Uniform Standardized Forms
Unaltered, properly completed Uniform Standardized Forms must include the applicable filing fee to be accepted for filing.
- Applies to
- Motion to proceed in forma pauperis
An in forma pauperis motion must include the attorney’s statement that no attorney’s fees will be accepted until court costs are paid or secured.
- Applies to
- Court filing
Court filings may be summarily stricken for failure to pay the Appendix B cost deposit unless a motion to proceed in forma pauperis is accepted or the Court waives the deposit.
Filing Timing
All 29An electronic submission is deemed filed upon acceptance and receives an electronic stamp showing the date and time it was submitted to the e-filing system.
Electronic filing does not extend any applicable statute of limitations, savings statute, or similar time limit.
Electronic filers must leave sufficient time for filing, clerk review, and any necessary resubmission.
Service
All 24- Service
The clerk must serve the original complaint by certified mail, return receipt requested, unless alternative service instructions are filed with the complaint; after failed service, the serving party must file further written instructions within 30 days.
- Applies to
- Complaint
For an electronically filed original complaint, the Clerk prepares the service copies, and the filing party must not furnish them.
- Applies to
- Motion response
A response to a written motion other than a summary-judgment motion generally may be served within 14 days after service of the motion.
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