Elyria Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Arbitration board report

The arbitration board’s report must clearly and concisely state its findings of fact and conclusions of law on the issues presented.

(1) The report shall be a clear, concise statement of the board’s findings of fact and conclusions of law on the issues presented to them.

CRITICAL

Applies to

Notice of appearance

An attorney appearing at a hearing without a prior pleading or written motion that provides the required contact and registration information must promptly file a journal entry or notice of appearance containing that information.

An attorney who appears at hearing on behalf of a party and who has not made an appearance by pleading or written motion on behalf of the represented party that contains the attorney’s address, phone number, and registration number, shall promptly file a journal entry or “notice of appearance” with such information or shall not have cause to seek an extension of time or to vacate an order or judgment due to the failure by the Court or Clerk of Elyria Municipal Court to notify that counsel of hearings, orders or decisions.

CRITICAL

Applies to

Insurance verification

Attorneys seeking appointment must maintain the specified malpractice insurance and supply written verification of coverage.

(b) Maintain professional liability (malpractice) insurance in an amount equal to the minimum coverage required by the Ohio Rules of Professional Conduct and supply written verification of his/her coverage.

CRITICAL

Applies to

Application for appointment of trustee

The trustee application must include a full and accurate statement of each secured and unsecured creditor with a liquidated claim, including the creditor’s name, address, account number, and amount due.

(F) I have set forth below a full, accurate, and complete statement of the names, addresses, and account numbers of all of my secured and unsecured creditors with liquidated claims and the amounts due each;

CRITICAL

Applies to

Court appointed attorney application

An attorney applying for appointment must file the Court’s application form with a resume attached.

(c) File a written application on a form supplied by the Court with a resume’ attached.

CRITICAL

Applies to

Bankruptcy notification

Must include

case number

Written notice to the Court of a pending bankruptcy proceeding must include its case number; the Court will then stay all proceedings by Journal Entry.

Upon written notification to the Court of any pending bankruptcy proceeding, including the case number, affecting any litigant in this Court, the Court shall file an appropriate Journal Entry staying all proceedings.

CRITICAL

Applies to

Electronic transmission

Electronic transmissions must include the listed transmission, originator, case, document, and page-count information; fax transmissions must put it on a separate cover page, and papers missing it will not be accepted.

(A) Each electronic transmission shall include all of the following information in the transmission, except that in the event of a facsimile transfer all such information shall be included on a separate cover page: (1) The date of transmission; (2) The name, telephone number, facsimile number and/or e-mail address of the originator of the document; (3) The caption of the case; (4) The case number, if assigned; (5) The title of the document to be filed; (6) The number of pages being transmitted (exclusive of the cover page). Papers transmitted without this information shall not be accepted for filing.

CRITICAL

Applies to

Electronic transmission

Every electronic transmission must be legible and complete when received.

(2) Every electronic transmission shall be legible and complete when received.

CRITICAL

Applies to

Referral form

Placement in the EMRC is initiated by completing a referral form and delivering it to the EMRC Coordinator.

(a) Placement- Placement is initiated by obtaining and completing a “referral form”. This form must be completed and delivered to the EMRC Coordinator.

CRITICAL

Applies to

Electronically filed pleading or motion

Electronically filed pleadings and motions must be legibly signed and comply with Civil Rule 11; a statutory electronic signature is sufficient and is treated as the attorney's or party's signature.

(1) Every pleading and motion filed electronically shall be legibly signed by the originator of the document and otherwise comply with Civil Rule 11. An “electronic signature” as defined by ORC § 1306.01(H) shall be sufficient as a “signature.” Any signature on electronically transmitted pleadings or papers shall be considered that of the attorney or party it purports to be for all purposes. See subsection (B)(6) below.

CRITICAL

Applies to

Estimate

A party offering a repair estimate must forward the estimate and a repair-status statement, and, if repairs were made, a receipted bill showing the work and amount paid.

vi) Procedure in Case of Estimate: In the case of an estimate, the party intending to offer the estimate shall forward a copy of the estimate, a statement indicating whether or not the property was repaired, and, if it was, whether the estimated repairs were made in full or in part by attaching a copy of the receipted bill showing the items of repair made and the amount paid.

CRITICAL

Applies to

Arbitration board report and award

If all three board members do not agree, the dissenting member must write “Dissents” before their signature.

In the event that all three members do not agree on the findings and award, the dissenting member shall write the word “Dissents” before that member’s signature.

CRITICAL

Applies to

Proof of service

Proof of electronic service must state the recipient’s fax number and/or email address and the date and time of transmission.

The proof of service for a document served by electronic transmission shall state the facsimile number and/or e-mail address of the person to whom the document was transmitted and both the date and time of transmission.

CRITICAL

Applies to

Pleading

When service is requested or required by the Clerk, sufficient copies must be delivered to the Clerk with the filing.

Where service is requested or required by the Clerk, sufficient copies shall be delivered to the Clerk with the filing

CRITICAL

Applies to

Jury demand

If a jury demand is required, prospective jurors may be summoned only after a written demand is filed.

Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.

CRITICAL

Applies to

Arbitration board report and award

All members of the arbitration board must sign the report and award.

The report and award shall be signed by all of the members of the arbitration board.

CRITICAL

Applies to

Motion

For a fee request over the current $250 maximum, the attorney must file a motion briefly stating the reason for the excess request.

Attorneys with fee requests in excess of the standard maximum fee (currently $250.00) shall file a Motion in which the attorney briefly states the reason/rationale for a fee in excess of the maximum amount of $250.00.

CRITICAL

Applies to

Application for appointment of trustee

A debtor applying for a trusteeship must complete the Application for Appointment of Trustee in full and under oath.

A debtor making application for a trusteeship under ORC § 2329.70 must complete the Application for Appointment of Trustee in its entirety, under oath.

CRITICAL

Applies to

Electronically transmitted document

A person signing electronically for another must disclose the agency relationship on the document, and may not cause another’s signature to appear without that person taking the principal step to enter it; violations are contempt of court.

One person signing a document to be electronically transmitted on behalf of another without clear disclosure of the agency status on the face of the document or one person causing another’s signature to appear on an electronically transmitted document without the person that is identified as signing taking the principal step to effect the entry of a signature on the document shall be regarded as contempt of court.

CRITICAL

Applies to

Creditor notice

The applicant must provide each creditor’s notice with the specified debt information and addressed, stamped envelopes, and the Trustee must mail the notices with written notice to answer.

The applicant shall furnish a Notice for service upon each creditor which notice shall show the amount owed said creditor, the account number and the amount of total indebtedness, together with addressed, stamped envelopes. The furnished Notices shall be mailed by the Trustee together with written notice to the creditor to answer in accordance with ORC § 2329.71.

CRITICAL

Applies to

Satisfaction

A judgment satisfaction may be entered after the judgment creditor files a journal entry or other written communication indicating satisfaction and a Judge or Magistrate approves the entry.

Satisfactions in whole or part of a judgment may be entered on the docket by the Court after a party in whose favor a judgment has been rendered files a journal entry or other form of written communication with the Court indicating satisfaction and after said entry has been approved by the Judge or Magistrate.

CRITICAL

Applies to

Application for appointment of trustee

An application for appointment of a trustee must include proof of the existing garnishment or demand.

(B) My personal earnings are now being garnished or I have received an R.C. §2716.02 demand that my personal earnings are about to be garnished and I have attached to this application proof of the existing garnishment or demand; that the total amount of my indebtedness is $ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

CRITICAL

Applies to

Default judgment motion

For a liquidated claim, the movant may avoid attending the hearing by submitting the specified supporting documents before the hearing; the quoted affidavit requirement is incomplete in the available text.

When the amount claimed is liquidated, i.e. readily ascertainable by mathematical calculation, the movant need not appear at the hearing if the following documents supporting the amount claimed are submitted prior to the hearing: i) proposed Journal Entry; ii) any instrument(s) on which any part of the claim is based, evidence of written assent to interest other than at the statutory rate from the date of judgment; iii) if the claim is based on an account, a statement of account starting with a zero balance or other provable sum that contains listed items and a summarization which permits the calculation of the amount claimed to be due; iv) an affidavit with specific and nonconclusory averments by a person with knowledge supporting 1) the amount claimed, 2) submission of any accompanying documents, and 3) if written notice has not been given to the party against whom the application for default judgment is

CRITICAL

Applies to

Motion

Unless otherwise provided, motions must conform to the applicable Civil Rules and include a memorandum containing arguments or appropriate affidavits.

(a) General Provisions: Except as provided herein, all motions shall be in conformance with applicable Rules of Civil Procedure, shall include a memorandum containing arguments or appropriate affidavits, and shall be accompanied by a proposed order.

CRITICAL

Applies to

Affidavit of indigence

No pleading, motion, demand, or other document related to an action or proceeding shall be accepted for filing by the Clerk of this Court unless there first shall be deposited the filing fee required by this Court or, if indigent, an affidavit of indigence.

No pleading, motion, demand, or other document related to an action or proceeding shall be accepted for filing by the Clerk of this Court unless there first shall be deposited the filing fee required by this Court or, if indigent, an affidavit of indigence.

CRITICAL

Applies to

Notice of appeal

The notice of appeal must be filed with an affidavit stating that the appeal is not for delay and that the appellant or affiant believes an injustice has been done.

The appellant shall pay an appeal fee of Fifty Dollars ($50.00) to the Clerk of Elyria Municipal Court and shall file with the Clerk a notice of appeal, together with an affidavit that the appeal is not taken for delay but because the appellant or affiant believes that an injustice has been done.

CRITICAL

Applies to

Electronic filing

Must include

certificate of service

An electronic filing must include proof of service when applicable.

Every electronic filing shall contain a proof of service when applicable.

WARNING

Applies to

Doctor or dentist bill

Doctor and dentist bills must be dated and state each visit date and its charge.

ii) Bills of Doctors and Dentists: Bills of doctors and dentists, when dated and containing a statement showing the date of each visit and the charge thereof;

WARNING

Applies to

Nurse or therapist bill

iii) Bills of Nurses, etc.: Bills of registered nurses, licensed practical nurses, or physical therapists, when dated and containing an itemized statement of the days and hours of service and the charges thereof;

iii) Bills of Nurses, etc.: Bills of registered nurses, licensed practical nurses, or physical therapists, when dated and containing an itemized statement of the days and hours of service and the charges thereof;

WARNING

Applies to

Courtroom recording permission request

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing on a form prescribed by this Court to the Judge to whom the case is assigned as far in advance as reasonably practical, but in no event later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the Judge.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing on a form prescribed by this Court to the Judge to whom the case is assigned as far in advance as reasonably practical, but in no event later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the Judge.

WARNING

Applies to

Property repair bill or estimate

Property repair bills or estimates must be identified and itemize labor and material charges.

v) Property Repair Bills or Estimates: Property repair bills or estimates, when identified and itemized setting forth the charges for labor and material used in the repair of the property;

WARNING

Applies to

Arbitration submission

To submit the action to arbitration by stipulation, file the stipulation together with the parties’ pretrial statements.

Upon the filing of such stipulation, together with the pre-trial statements of the parties, the action shall be submitted to arbitration.

WARNING

Applies to

Appeal waiver

Any party may appeal from the action of the arbitration board to the Elyria Municipal Court unless the right of appeal is waived by all parties and all counsel to the proceedings in writing prior to the arbitration hearing; said waiver shall be filed as part of the arbitration record.

Any party may appeal from the action of the arbitration board to the Elyria Municipal Court unless the right of appeal is waived by all parties and all counsel to the proceedings in writing prior to the arbitration hearing; said waiver shall be filed as part of the arbitration record.

WARNING

Applies to

Hospital bill

Hospital bills must be on hospital letterhead or billhead and dated and itemized.

i) Hospital Bills: Hospital bills on the official letterhead or billhead of the hospital, when dated and itemized;

INFO

Applies to

Minority report

A minority report is not required, but an arbitrator may submit one due to unusual circumstances.

A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances.

INFO

Applies to

Proof of disposable earnings and exemption eligibility

The Trustee may require proof of disposable earnings and eligibility for exemption by affidavit or another method, whenever deemed necessary.

The Trustee is hereby authorized to require proof of disposable earnings and eligibility for exemption of payment by affidavit or otherwise and at such times as deemed necessary.