Defiance Municipal Court, Ohio Document Filing Requirements

CRITICAL

Except when counsel requests withdrawal in open Court after the client fails to appear, a withdrawal application must be made by written motion stating the specific reason for withdrawal.

Except for a withdrawal requested in open Court when a counsel's client fails to appear for a Court proceeding, no application for withdrawal will be considered except upon written motion filed with the Court that must include (a) the specific reason for withdrawal

CRITICAL

Applies to

Opposition

An opposition response must be written and include citations to legal authorities and arguments.

Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments

CRITICAL

Applies to

Jury demand waiver

In other cases where a written jury demand was filed, a written waiver must be filed at least ten days before trial or before a plea or court trial begins.

A written waiver of jury demand is required in all other cases wherein a written jury demand has been filed. Said waiver must be filed at least ten (10) days prior to scheduled trial date, or prior to the entrance of any plea or commencement of any trial to the court.

CRITICAL

Applies to

Satisfaction of judgment

To record full or partial satisfaction of a judgment, file an appropriate order or entry with the Clerk approved by the plaintiff, judgment creditor, or counsel.

Satisfaction in whole or part, of any judgment shail be affected by filing an appropriate order or entry with the Clerk which has been approved by the plaintiff or judgment creditor, or his counsel.

CRITICAL

Applies to

Pro hac vice motion

(A) Pro Hac Vice: An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in Court without the permission of the Judge. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court and must comply with Rule 6.01 of the Rule of Superintendence and Rule XIl of Supreme Court Rules for Government of the Bar of Ohio.

(A) Pro Hac Vice: An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in Court without the permission of the Judge. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court and must comply with Rule 6.01 of the Rule of Superintendence and Rule XIl of Supreme Court Rules for Government of the Bar of Ohio.

CRITICAL

Applies to

Request for excuse exemption or deferral

Requests for excuse, exemption, or deferral must use the provided form and include appropriate documentation.

All requests for excuse, exemption or deferral must be made on the form provided (see Appendix C), and shall be accompanied by appropriate documentation.

CRITICAL

Applies to

Subpoena request

Subpoena requests must be made by praecipe or written instruction.

The Clerk of Court, shall process requests for subpoenas from a praecipe or written instruction, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.

CRITICAL

Applies to

Warrant request

A warrant request must be made by praecipe and include the wanted person's social security number and date of birth.

Any warrant requested in a Civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth and must include the appropriate fee per the cost schedule in Appendix A.

CRITICAL

Applies to

Minor misdemeanor waiver

An eligible defendant may use the waiver procedure instead of appearing in court, provided the defendant acts within the time specified in the citation and signs a waiver of trial and pleads guilty in writing.

A person charged with a minor misdemeanor offense or such other misdemeanor offense as from time to time may be specifically included in this procedure by administrative order of the Court, may, in lieu of appearance in court and within the time specified in the citation, appear personally at the Clerk's office or by mail, sign a waiver of trial, plead guilty in writing, and pay the stated fine and costs established by administrative order of the Court.

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Continuance motion

A continuance motion must include a judgment entry for the Court’s approval.

Motions for continuance must also be accompanied with a judgment entry for the Court's approval.

CRITICAL

Applies to

Waiver of arraignment

A defendant must appear for arraignment unless the defendant or counsel makes a waiver in person or in writing before the arraignment date, or the Judge expressly approves an oral waiver.

Defendants must appear for arraignment and no waiver of arraignment shall be allowed unless made by defendant or legal counsel in person or in writing prior to the arraignment date, or upon express oral approval of the Judge.

CRITICAL

Applies to

Request for findings of fact and conclusions of law

Parties requesting findings of fact and conclusions of law must submit proposed findings and conclusions at the same time as their request.

Parties requesting findings of fact and conclusions of law shall submit concurrently with their request proposed findings of fact and conclusions of law.

CRITICAL

Documents filed for parties represented by counsel must be signed by one attorney and include 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 and show their Supreme Court Registration number.

CRITICAL

Applies to

Waiver of arraignment

A written arraignment waiver must include a plea, a waiver of personal appearance, acknowledgment of advice about rights and possible penalties, and a waiver of applicable time requirements.

If a waiver of arraignment is made in writing it must be accompanied by a plea to the offense charged, a statement that the defendant waives his/her right to personally appear for the purposes of arraignment, a statement that defendant has been advised as to his/her rights and the possible penalties of any conviction for the offense charged accompanied by a waiver of any applicable time requirements.

CRITICAL

Applies to

Default judgment

A party seeking default judgment must file an SCRA-compliant affidavit with the motion.

(D) The party seeking relief by default judgment shall file with the motion an affidavit in compliance with the Servicemembers Civil Relief Act (SCRA). Failure to file the affidavit may render the judgment voidable as provided by federal law.

CRITICAL

Applies to

Default judgment

For a qualifying personal-property damages claim, the court may grant default judgment in the amount requested if the required affidavit and supporting documentation are filed.

(B) If the defendant has failed to plead or otherwise defend, the Court may grant a default judgment in the amount of the prayer if the action is for recovery of money only arising out of damages to personal property and if an affidavit with supporting documentation signed by a party with actual knowledge is filed verifying that the prayer of the complaint reflects a reasonable cost of repairing the property or its diminution in value, whichever is less.

CRITICAL

Applies to

Request for new date

Written motions and accompanying judgment entries must be filed within five days after an oral request for a new date.

Written motions and accompanying judgment entries must be filed within five (5) days after any oral requests for a new date.

CRITICAL

Must include

caption, case number

Filings must include a caption and case number, identify the filer and document, and provide the specified attorney or pro se party information.

All papers offered for filing with the Court shall bear: (A) A case caption and court case number; (B) A title identifying the name and party designation of the party filing the paper and the nature of the document; e.g. Motion to continue, Answer of Defendant, etc., and; (C) The typed name, office address, office telephone number, attorney registration number and signature of designated trial attorney, if applicable. If a party is unrepresented/pro se, said party shail include their name, address, and daytime telephone number.

CRITICAL

Applies to

Entry of appearance

Attorneys of record must file an Entry of Appearance, except that a responsive pleading counts as an appearance and court-appointed counsel need not file one.

All attorneys of record shall file an Entry of Appearance on behalf of their client. (Exceptions to this rule would include: a responsive pleading would be considered an entry of appearance and no need to file an entry of appearance for cases in which an attorney has been appointed by the court).

CRITICAL

Applies to

Default judgment

Supporting documentation for default judgment in these claims must be verified by the plaintiff's affidavit or sworn testimony.

In all unliquidated damage claims in which the defendant has failed to appear or answer, the plaintiff shall have judgment in the same manner as provided in these local rules for the granting of a default judgment, regarding supporting documentation verified by affidavit or sworn testimony of the plaintiff.

CRITICAL

Every party must notify the Court in writing of any change of address.

ALL PARTIES ARE RESPONSIBLE FOR ADVISING THE COURT, IN WRITING, OF ANY CHANGE OF ADDRESS.

CRITICAL

Applies to

Trusteeship filing

When filing a trusteeship, the debtor must provide a payroll check stub or earnings statement, and payments will not be accepted without one.

Upon the filing of the trusteeship, the debtor is required to provide the Court with a payroll check stub or payroll statement of earnings. No payment will be accepted from a debtor without a payroll check stub or payroll statement of earnings.

CRITICAL

Applies to

Motion to transfer

A granted motion to transfer a Small Claims Court case must be accompanied by the appropriate judgment entry when submitted with the filing fee.

In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the motion to transfer, along with the appropriate judgment entry.

CRITICAL

Applies to

Traffic ticket

When an electronic ticket is issued, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applies to

Facsimile cover page

Must include

case number

A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer contact information.

The person filing a document by FAX shall also provide therewith a cover page containing the name of the Court, the title of the case, the case number or indicate that one has not been assigned, the title of the document being filed, the date of the transmission, the transmitting FAX number, an indication of the number of pages included in the transmission, including the cover page and the name, address, telephone number, FAX number, Supreme Court registration number, if applicable, and the e-mail address of the person filing the FAX document, if available.

CRITICAL

Applies to

Bail bond agent registration

A bail bond agent must register with the Clerk before filing a bond and must submit copies of the agent's surety bail and identification and a certified appointment from each represented insurer.

Defiance Municipal Court requires a bail bond agent to register with the Clerk of Court before a bonda may be filed in this Court pursuant to O.R.C. 3905.87. To register, a bail bond agent shall file with the Clerk of Court a copy of the agent's surety bail, a copy of the agent's driver's license or state identification card, a certified copy of the bail bond agent's appointment by power of attorney from each insurer that the bail bond agent represents.

CRITICAL

Applies to

Jury trial waiver

In the specified alleged third-or-later impaired-driving violation cases within five years, the defendant must file a timely written waiver to waive the automatically scheduled jury trial.

A jury trial will be automatically scheduled in cases in which it is alleged that the defendant has violated a stature or ordinance prohibiting the operation of a vehicle while under the influence of alcohol or drugs of abuse and it is alleged to be a third or more such violation within the last five (5) years. The defendant must file a timely written waiver of this right to a trial by jury in these cases.

CRITICAL

Applies to

License suspension appeal

A Municipal Court appeal from a BMV suspension must include the suspension notice, petitioner's date of birth, last four Social Security digits, and driver's license number.

All appeals filed in the Municipal Court from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: 1.) Copy of BMV suspension notice 3.} Last four (4) digits of Petitioner's Social Security Number 2.) Petitioner's date of birth 4.) Driver's License Number

CRITICAL

Applies to

Facsimile filing

A fax filing is the effective original, and the filer need not file the source document but must retain it and the source cover sheet, with required original signatures, and produce them on request through the end of post-judgment relief opportunities.

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

CRITICAL

Applies to

Income and employment verification

Income and employment verification must be provided every six months for an active trusteeship account.

Income and employment verification shall be required to be provided every six (6) months.

CRITICAL

Applies to

Signed facsimile filing

A party faxing a signed document represents that the physically signed source document is in the party's possession or control.

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

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel’s trial in another court on the same date must include a copy of the other trial’s assignment notice.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in another trial court, counsel shall attach a copy of said assignment notice to the motion for continuance.

CRITICAL

Applies to

Motion

Motions must be written and accompanied by a written memorandum containing counsel’s arguments.

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

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel’s conflicting trial assignment must attach a copy of the other assignment notice.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in another court, counsel shall attach a copy of said assignment notice to the motion for continuance.

CRITICAL

Applies to

Facsimile filing

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

Jury trial waiver

A written jury-trial waiver must state whether the case should be set for a plea hearing or a trial to the Court.

The written waiver of the jury trial must state whether the case is to be set for a plea hearing or a trial to the Court.

CRITICAL

Applies to

Judgment entry

Every judgment entry, including a settlement entry, must state which party will pay court costs.

ALL JUDGMENT ENTRIES, INCLUDING SETTLEMENT ENTRIES SHALL STATE WHICH PARTY WILL PAY THE COURT COSTS.

CRITICAL

Applies to

Complaint

The complaint must include copies of the specified tenant notices and any document required by Ohio Civil Rule 10(D).

A copy of all notices required to be served upon tenants pursuant to Ohio Revised Code Chapters 5321, 5313, 3733, and 1923 or pursuant to federal regulations shall be attached to the complaint as well as any document required pursuant to Rule 10 (D) of the Ohio Rules or Civil Procedure.

CRITICAL

Applies to

Jury excuse deferral or exemption form

A prospective juror cannot be excused from service without completing the jury excuse, deferral, or exemption form.

No person who does not complete the jury excuse deferral or exemption form shall be excused from service.

CRITICAL

Applies to

Citation

The citing officer must verify the defendant’s correct address and telephone number on the citation.

THE COURT: citing officer shall verify defendant's correct address and telephone number on the citation.

CRITICAL

Applies to

Traffic waiver

A person charged with an eligible traffic violation, but not an organization, may use the waiver procedure instead of appearing in court by signing a waiver of appearance and pleading guilty in writing.

A person [but not an organization as defined in section 2901.01(d) of the Ohio Revised Code] charged with a traffic violation waiverable under OTR 13, or under administrative order of the Court, may in lieu of appearance in court, and within the time specified in the citation, appear personally at the Clerk's Office or by mail and sign a waiver of appearance, plead guilty in writing and pay the stated fine and costs as established by administrative order of the Court.

CRITICAL

Applies to

Missing exhibit

A missing exhibit filed separately must be attached to a cover sheet meeting the requirements of section (D).

Any exhibit filed in this manner shall be attached to a cover sheet as outlined in section (D).

CRITICAL

Applies to

Subpoena request

The Clerk processes subpoenas from a praecipe or written instructions filed at least five business days before trial, unless the Court allows otherwise.

The Clerk of Court, Criminal Division, shall process subpoenas from a praecipe or written instructions, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.

CRITICAL

Applies to

Default judgment

For a liquidated second cause of action in a forcible entry and detainer case, a default-judgment motion may be oral or written and must be accompanied by the specified affidavit and supporting documentation.

(C) In forcible entry and detainer actions, if the defendant has failed to appear or otherwise defend on the second cause of action, default judgment may be entered upon an oral or written motion when judgment is based upon a liquidated claim and when the motion is accompanied by an affidavit with supporting documentation signed by a party with actual knowledge verifying the amount is accurate.

CRITICAL

Applies to

Withdrawal application

Must include

certificate of service

A withdrawal application must identify any substitute attorney, include a certification of service, and represent that the withdrawal entry will be mailed to the client's last known address if granted.

(b) name and address of a substitute attorney, if any (c) a certification of service to opposing counsel and (d) the withdrawing counsel represents that, if the application is granted, a copy of the withdrawal entry will be mailed to the last known address of the client.

WARNING

Applies to

Facsimile filing

Failure to file a missing exhibit as required may result in the Court striking the document or exhibit.

Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.

WARNING

When personal identifying information is redacted or omitted, it should be provided to the Court on a separate form identifying the information and its location in the document.

If personal identifying information is redacted or omitted from a document, the information should be provided to the Court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information.

WARNING

Applies to

Motion

Any party filing a motion with the Court should present at the same time a proposed entry that the party wishes the Judge to sign.

Any party filing a motion with the Court should present at the same time a proposed entry that the party wishes the Judge to sign.

WARNING

Applies to

Jury excusal form

A person requesting excusal or deferral from jury service must complete and return the jury excusal form.

The following form must be completed and returned prior to the date you have been JURY EXCUSAL FORM summoned to report for jury service if you are requesting to be excused/deferred.