Eaton Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Petition for limited driving privileges

The petition must specify the requested driving privileges, routes, exact locations, and departure times.

Included in the Petition must be a specific description of the limited driving privileges sought, and the routes to be traveled, detailing the exact location and departure times requested to be encompassed in the Court’s Order.

CRITICAL

Applies to

Pretrial submission

Each counsel or self-represented litigant must submit a written itemization of all claimed special damages at the pretrial hearing.

5. Each counsel or pro se litigant shall present to the Court in writing an itemization of all special damages claimed.

CRITICAL

Each redaction must be accompanied by a supporting explanation that includes legal authority.

redactions, each redaction must be accompanied by a supporting explanation, including legal authority.

CRITICAL

Applies to

Pretrial exhibits

Each counsel or self-represented litigant must bring to the pretrial hearing all exhibits intended for trial.

4. Each counsel or pro se litigant shall bring to the pre-trial all exhibits, which are to be offered in evidence at the trial.

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by an entry with blanks for the new trial time and date and for opposing counsel’s agreement.

Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.

CRITICAL

Applies to

Trial time estimate

Counsel or a self-represented litigant must provide the best estimate of the time required for trial.

Counsel’s or pro se litigant’s best estimate of the time required to try the case shall be provided.

CRITICAL

Applies to

Pretrial submission

Each counsel or self-represented litigant must submit a written pretrial statement identifying expected witnesses and addressing a view, any jury-trial waiver, and separate trials on liability and damages.

6. Each counsel or pro se litigant shall present to the Court in writing a statement indicating the names of all witnesses, both expert, and non- expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial, if previously demanded, will now be waived, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability to be found.

CRITICAL

Applies to

Motion

Except for motions normally made at trial, motions must be written, supported by a memorandum citing applicable law, served on opposing counsel, and made within the prescribed procedural deadlines.

All motions except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure. Motions will be supported by Memoranda of Law containing applicable statutory and case law citations.

CRITICAL

Applies to

Petition

For petitions under the specified Ohio Revised Code sections, the caption must include the petitioner's identifying information or the clerk will not accept the petition for filing.

The caption of a Petition filed pursuant to Sections 4507.16 (E), 4511.19(I)(1), or 4507.191 (I)(4), Ohio Revised Code shall, also include the first, middle, and last names and the address of the petitioner. Such caption shall also include the date of birth, the last four digits of the social security number, and the operator’s license number of the petitioner. The clerk shall not except for filing a petition the caption of which fails to contain every item of information required by this rule.

CRITICAL

Applies to

Petition for driving privileges

The petitioner must provide proof of insurance and bring relevant BMV documentation.

The petitioner must show proof of insurance and bring any documentation from BMV with regard to this matter.

CRITICAL

Applies to

Pretrial statement

The written pretrial statement must contain all previously required information.

The written pretrial statement shall be filed at or before the pretrial hearing, containing all of the above-required information.

CRITICAL

Applies to

Pretrial submission

Each counsel or self-represented litigant must provide the Court a written statement of the issues in the case at the pretrial hearing.

3. Each counsel or pro se litigant shall present to the Court in writing a statement of the issues involved in the case.

CRITICAL

Applies to

Counterclaim transfer

To transfer a counterclaim exceeding $6,000 to the civil division, the defendant must deposit the filing fee with a motion, affidavit, and entry.

The transfer to the civil division is accomplished if the amount of the counterclaim exceeds $6,000.00 and the defendant deposits the filing fee with a motion, affidavit, and entry. (Such amounts as amended from time to time by the (ORC) (effective 3-1-02)

CRITICAL

Applies to

Jury request

A jury trial is waived unless it is requested in writing and the jury deposit is paid at least 30 days before trial.

Trial by jury will be waived unless requested in writing and the jury deposit is paid at least 30 days before trial.

CRITICAL

Applies to

Signed source document filed by fax or email

21.05.01 A party who wishes to file a signed source document by fax or email shall do either of the following: (A) fax or email a copy of the signed source document; (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. (C) email the document reflecting an electronic signature

21.05.01 A party who wishes to file a signed source document by fax or email shall do either of the following: (A) fax or email a copy of the signed source document; (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. (C) email the document reflecting an electronic signature

CRITICAL

Applies to

Petition for limited driving privileges

A written petition accompanied by a memorandum and/or affidavits must be filed before the Court may grant limited driving privileges to a defendant whose license is suspended.

The Court shall not grant limited driving privileges to a defendant whose operator’s license has been suspended unless a written petition with accompanying memorandum and/or affidavits is filed with the Court.

CRITICAL

Applies to

Requested jury instructions

Requested Rule 51 instructions, including their text and citations of authority, must be provided to the Court at least 14 days before trial.

8. The text of, and citations of authority for, instructions requested by counsel or pro se litigant pursuant to Rule 51, Ohio Rules of Civil Procedure shall be provided to the Court at least 14 days before trial.

CRITICAL

Applies to

Complaint or counterclaim

A complaint or counterclaim must be filed along with an information sheet.

A complaint is filed by the plaintiff and a counterclaim by the defendant along with an information sheet.

CRITICAL

Applies to

Petition for driving privileges

The petitioner must provide proof of insurance, relevant BMV documentation, and proof that all related reinstatement fees have been paid.

The petitioner must show proof of insurance, bring documentation from BMV with regard to this matter, and provide proof that all reinstatement fees have been paid in conjunction with this matter.

CRITICAL

Applies to

Motion

To obtain an oral hearing, the motion must prominently include the specified hearing-request statement on its first page.

Unless the following statement appears prominently on the first page of the motion, no oral hearing will be allowed. “Counsel requests an oral hearing of approximately_______ minutes at which time_______ witnesses are expected to be called.

CRITICAL

Applies to

Pleading

Attorneys must identify their capacity as trial counsel and provide their office address, ZIP code, and telephone number on all civil and criminal pleadings; a firm should not be named as trial attorney, but same-firm substitutions at hearings are authorized.

Attorneys, not parties will designate their capacity as trial counsel on all pleadings in civil and criminal cases. This shall include their office address, zip code, and telephone number. A law firm should not be named as a trial attorney. However, substitution of counsel within the same law firm at hearings is authorized.

CRITICAL

Applies to

Petition for limited driving privileges

A petitioner for limited driving privileges must demonstrate proof of financial responsibility.

In addition, the Petitioner must demonstrate proof of financial responsibility.

CRITICAL

Applies to

Withdrawal application

Must include

certificate of service

An application to withdraw as trial counsel must be presented by written motion and entry stating the reasons, with a certificate of service on opposing counsel or party and the trial time and date if set.

No such application will be considered unless a written motion and entry are presented stating the reasons for the application with a certificate of service on opposing counsel and/or party and time and date of trial, if set.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be written, state the complaint, service, proof-of-service, and answer dates or details, include the specified damages affidavit when needed, and be accompanied by an entry.

All motions for default judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service, and answer date. All motions for default judgment shall also have attached an affidavit containing a list of all damages supported by documentary or other evidence if not readily identified in the complaint. An entry shall accompany the motion.

CRITICAL

Applies to

Fax or email filing

Must include

caption, judge name, page count +1 more

Fax or email filings must include a cover page with the listed case, document, transmission, filer, and applicable cost information.

21.04.01 The person filing a document by fax or email shall also include a cover page containing all of the following information: (A) name of the court; (B) title of the case; (C) case number; (D) name of the judge to whom the case is assigned, if any: (E) title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); (F) date of transmission; (G) transmitting fax number or email address; (H) indication of the number of pages included in the transmission, including the cover page; (I) if a judge, magistrate or case number has not been assigned, state the fact on the cover page; (J) name, address, telephone, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; (K) if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Fax or email filing

A fax or email filer need not submit the source document to the Clerk, but must retain the source document and cover sheet, make them available to the Court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.

The person filing a document by fax or email is not required to file any source document with the Clerk. The person filing the document shall maintain in his or her records and have available for production on request by the Court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, and the source copy of the facsimile or email cover sheet used for the subject filing. 21.02.02 The source document filed by fax or email 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

Motion to suppress

A motion to suppress must state its grounds with particularity and specify the evidence at issue.

In MOTIONS TO SUPPRESS, the grounds must be stated with particularity and the items of evidence in question shall be specified.

CRITICAL

Applies to

Facsimile produced document

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

21.06.01 Each exhibit to a facsimile-produced document that cannot be accurately transmitted via facsimile transmission for any reason shall be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Exhibit

Must include

caption, judge name, case number

21.06.02 Any exhibit filed pursuant to Section 22.06.01 shall include a cover sheet containing the caption of the case that sets forth the name of the court, title of the case, the case number, name of the judge or magistrate, and the title of the exhibit being, filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss). The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

21.06.02 Any exhibit filed pursuant to Section 22.06.01 shall include a cover sheet containing the caption of the case that sets forth the name of the court, title of the case, the case number, name of the judge or magistrate, and the title of the exhibit being, filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss). The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Applies to

Supporting documents

The plaintiff or counterclaimant must bring the original and at least three copies of supporting documents, and the plaintiff must have the defendant’s current address.

The plaintiff or counterclaimant must bring with him/her the original and at least three (3) copies of documents supporting his/her claim and the plaintiff must have the current address of the defendant.

CRITICAL

Applies to

Pretrial submission

At the pretrial hearing, trial counsel authorized to act and negotiate for the party must be present and submit a written statement on settlement negotiations.

1. The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party must be present and proffer in writing a statement indicating the status of settlement negotiations.

CRITICAL

Applies to

Trial brief

Trial briefs are required in civil jury cases when there is a substantial conflict about specific legal questions, and the Magistrate may also require them case by case.

Trial Briefs. Trial briefs shall be required on all civil jury cases, within three (3) days of trial where there is a substantial conflict of views as to specific questions of law, and may be required from case to case as ordered by the Magistrate.

WARNING

Applies to

Motion

Copies of significant decisions must be attached to the original filing only.

(Copies of significant decisions shall be attached to the original filing only).

WARNING

Applies to

Summary judgment motion

Summary-judgment motions under Ohio Civil Rule 56 are heard on written memoranda only unless the Court orders otherwise.

All motions for summary judgment filed pursuant to Ohio Civil Rule 56 shall be heard on written memorandum only unless otherwise ordered by the Court on a date filed by the Court.

WARNING

Applies to

Signed document filed by fax or email

By filing a signed document by fax or email, the party represents that they possess or control the physically signed source document.

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

WARNING

Applies to

Motion

All motions, where an oral hearing is not required, should be accompanied by an entry.

All motions, where an oral hearing is not required, should be accompanied by an entry.

WARNING

Applies to

Default judgment

The plaintiff may not appear only if an affidavit is filed.

The plaintiff may not appear only if an affidavit is filed.

WARNING

Applies to

Memorandum of pre trial

At the close of the pretrial, counsel must agree on a trial date with the Court, which will give the parties written notice on the Memorandum of Pre-Trial form.

At the close of the pre-trial, counsel shall agree upon a trial date with the Court, which shall then provide written notice of said date to the parties at that time upon the Memorandum of Pre-Trial form.