Euclid Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit must explain why costs cannot be prepaid and remains subject to court review at any stage.

The representation of indigence through the filing of a poverty affidavit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceeding.

CRITICAL

Applies to

Complaint

An eviction complaint must include current proof of property ownership and a copy of the Notice to Vacate.

The complaint shall be accompanied by evidence of current proof of ownership of the property and a copy of the Notice to Vacate.

CRITICAL

Applies to

Satisfaction of judgment

Only the Clerk of Court or a deputy clerk may enter a satisfaction of judgment in the Court’s records.

No person, other than the Clerk of Court or a deputy clerk may enter satisfaction of judgment upon the records of the Court.

CRITICAL

Applies to

Motion or brief

Motions and briefs citing statutes or regulations other than the specified Ohio authorities must attach copies; cited or referenced unreported cases must also be attached.

All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rule of Court shall attach a copy of the statute or regulation. Copies of unreported cases cited or referred to in a motion or brief shall also be attached.

CRITICAL

Applies to

Filing

Unrepresented litigants must identify themselves as pro se on every filing and include their full name, signature, address, telephone number, and email address.

Litigants not represented by an attorney licensed by the State of Ohio shall be designated 'pro se'. Pro se litigants shall designate this capacity on all documents filed in this Court and shall include their full name, signature, address, telephone number and e-mail address.

CRITICAL

Applies to

Fax filing

The person filing a document by fax shall also provide a cover page containing the following information:

The person filing a document by fax shall also provide a cover page containing the following information:

CRITICAL

Applies to

Juror summons

A juror summons must clearly explain how and when the recipient must respond and the consequences of failing to respond.

The summons shall also clearly explain how and when the recipient must respond and the consequences of his failure to respond.

CRITICAL

Applies to

Complaint

Must include

caption

A complaint’s caption must state the general nature of the action.

The complaint shall state in the caption the general nature of the action.

CRITICAL

Applies to

Motion

All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon.

All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon.

CRITICAL

Applies to

Oral hearing request

An oral hearing on objections will be granted only if specifically requested in writing and ordered by the Court.

No oral hearing will be granted unless specifically requested in writing and ordered by the Court.

CRITICAL

Applies to

Motion

Motions must be in writing and accompanied by a written memorandum containing citations and counsel’s argument.

All motions shall be made in writing and accompanied by a written memorandum containing citations and argument by counsel.

CRITICAL

Applies to

Motion

If the motion requires the consideration of facts not appearing in the record, the novant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.

If the motion requires the consideration of facts not appearing in the record, the novant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.

CRITICAL

Applies to

Oral argument request

Oral argument on a motion is permitted only upon written application and a court order.

Oral arguments of motions will be permitted only upon written application to and order by the Court.

CRITICAL

Applies to

Trial brief

A court-ordered trial brief must address the issues specified in the order and include authorities supporting the propositions counsel intends to assert at trial.

The briefs shall relate to the issues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial.

CRITICAL

Applies to

Fax 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.

G. Each exhibit to a facsimile produced document that cannot be accurately transmitted must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Journal entry

When directed by the Court, prevailing counsel must prepare a proper journal entry and submit it to opposing counsel within 10 days unless otherwise ordered; opposing counsel must approve or reject it within 7 days after receipt and may file objections.

When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten (10) days unless otherwise ordered by the Court, prepare a proper journal entry and submit it to opposing counsel, who shall approve or reject the same within seven (7) days after receipt thereof and may file objections with the Court.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a memorandum containing citations, legal arguments, and affidavits.

All motions must be in writing and be accompanied by a memorandum containing citations, legal arguments and affidavits.

CRITICAL

Applies to

File removal request

A written request to remove a file must state the case caption and number, destination, reason, and date and time of removal.

Any person seeking to remove a file from the office of the Clerk of Court must submit such a request in writing indicating the case caption, case number, destination of the file, the reason for the removal and the date and time thereof.

CRITICAL

Applies to

Transcript

The objecting party must file the transcript supporting the objection.

The objecting party shall file the transcript within seven (7) days of the filing of the Magistrate's Decision.

CRITICAL

Applies to

Motion

A moving party must serve and file a brief written statement of supporting reasons and a list of relied-upon authorities.

The moving party shall serve and file with a brief written statement of the reasons in support and a list of citations of the authorities on which the movant relies.

CRITICAL

Applies to

Fax filing

A fax filing of a signed source document must include either the signed document or an unsigned version marked “s/” with the signer's name, and the filer represents that the physically signed original is in their possession or control.

F. A party filing a signed source document by fax shall either fax a copy of the signed source document, or the document without the signature but with the notation "s/" followed by the name of the signing person signature appears on the signed source document. The individual filing a signed document by tax represents that a physically signed source document is in such party's possession or control.

CRITICAL

Applies to

Subsequent pleading or motion

Must include

case number

Subsequent pleadings and motions must state the case number and the names of the first plaintiff and first defendant.

Subsequent pleadings and motions shall state the case number, the name of the first party plaintiff and the first party defendant.

CRITICAL

Applies to

Settlement notice

A settlement may avoid trial without a journal entry if the Court receives notice before trial that the case has settled and the settlement agreement or entry is forthcoming.

The avoidance of trial by settlement shall be allowed without the filing of a journal entry, provided that notice has been received by the Court prior to the trial that the case has been settled and that the settlement agreement and/or entry is forthcoming.

CRITICAL

Applies to

Default judgment support

For other default motions, damages must be proved, with proof provided by testimony or affidavit depending on the case.

For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Court by testimony or affidavit.

CRITICAL

Applies to

Default judgment support

In account-based cases, the plaintiff must show that no later payments or credits were made on the account.

For cases based upon an account, the plaintiff is required to show that there have been no subsequent payments or credits on the account.

CRITICAL

Applies to

Journal entry

If opposing counsel does not approve the journal entry within the allotted time, the entry must be submitted to the Court for any necessary corrections and entry.

If opposing counsel fails to approve the entry within the time period, the entry shall be submitted to the Court, which shall make any necessary corrections and order its entry.

CRITICAL

Applies to

Motion for default

Must include

certificate of service

A Motion for Default must be accompanied by a properly executed certificate of service.

Any party that has appeared in an action, even if a formal responsive pleading or motion has not been filed, shall be served the Motion for Default and a properly executed certificate of service must accompany the motion.I

CRITICAL

Applies to

Motion

If a motion relies on facts outside the record, the movant must serve and file copies of the supporting affidavits, depositions, photographs, or other documentary evidence.

If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.

CRITICAL

Applies to

Filing

Each filing must have a title and the specified identifying and contact information for the filing attorney or, if unrepresented, the filing party.

Every pleading, motion, brief or other filing shall be identified by title and include the name of the individual attorney, firm, if any, attorney registration number, office address, telephone number and email address of the attorney filing or if there is no attorney representing the party then the party shall include the name, address, phone number and email address of the party filing the same.

CRITICAL

Applies to

Objection to factual finding

An objection to a factual finding must be supported by a transcript of the relevant evidence or, if a transcript is unavailable, an affidavit of that evidence.

An objection to a factual finding, whether or not specifically designated as a finding of fact, shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that finding of fact or an affidavit of that evidence if a transcript is not available.

CRITICAL

Applies to

Objections

Objections must be specific and state their grounds with particularity.

Objections shall be specific and state with particularity the grounds for the objection.

CRITICAL

Applies to

Jury trial waiver

A waiver of a jury-trial demand must be in writing.

In the event the demand for a jury trial is waived, such waiver must be in writing.

CRITICAL

Applies to

Complaint

Must include

caption

Every complaint’s caption must state each party’s name and, if known, address.

The caption in every complaint shall state the name and address, if known, of each party.

CRITICAL

Applies to

Citation

Whenever an electronically produced ticket is used, the law enforcement agency must file with the Clerk the exact copy of the citation served on the defendant.

In every case in which an electronically produced ticket is used the law enforcement agency shall file the exact copy of the citation served upon the defendant with the Clerk's office.

CRITICAL

Applies to

Reply or additional brief

Reply or additional briefs on motions may be filed only with leave of Court.

Reply or additional briefs upon motions may be filed only with leave of Court.

CRITICAL

Applies to

Dismissal request

After a case is set for a proceeding requiring personal appearance, a dismissal request by the plaintiff or agreement must be submitted in writing within 20 days of the scheduled appearance after prompt telephone notice to the Clerk; failure to give written settlement notice and the parties’ nonappearance may subject the action to dismissal at the plaintiff’s costs.

After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court. Failure to give written notice of settlement and non-appearance of the parties, shall subject the action to dismissal by the Court at plaintiff's costs.

CRITICAL

Applies to

Missing exhibit filing

A separately filed missing exhibit must have the specified cover sheet and must be signed and served under the rules governing pleadings.

(2). Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection (D) of this rule, and shall be signed and served in conformance with the rules governing the signing of service of pleadings in the Court.

CRITICAL

Applies to

Fax cover page

A fax filing cover page must provide the listed case, document, transmission, filer, and cost-submission information, where applicable.

1. The name of the Court; 2. The title of the case; 3. The case number; 4. The title of the document being filed; 5. The date of transmission; 6. The transmitting fax number; 7. An indication of the number of pages included in the transmission, including the cover page; 8. An indication that a judge or case number has not been assigned, if applicable; 9. The name, address, telephone number, fax number, and, if available, the ' email address of the person transmitting the document; 10. For an attorney, his or her Ohio Supreme Court registration number and firm name, if any; and 11. A statement explaining the manner in which costs are being submitted, if applicable.

CRITICAL

Applies to

Default judgment motion

Prevailing counsel must submit a written motion for default judgment; the Court may set a hearing or prepare a journal entry.

Prevailing counsel shall submit a written motion for default judgment and the Court may set the matter for hearing or prepare a journal entry.

CRITICAL

Applies to

Media permission request

A request to broadcast, record, photograph, or televise proceedings must be submitted in writing to the Clerk as early as reasonably practical and no later than 30 minutes before the proceeding, unless the Judge permits otherwise.

A. Any requests for permission to broadcast, record, photograph or televise Courtroom proceedings shall be submitted in writing to the Clerk of Court as far in advance as is reasonably practical, but in no event later than one half (1/2) hour prior to the start of the proceedings sought to be broadcast or photographed, unless otherwise permitted by the Judge.

CRITICAL

Applies to

Motion for leave to withdraw

After appearing, an attorney may withdraw only with court leave for good cause, after filing a written motion that is served on the client and includes the client's address and method of service.

Once an • appearance is made, an attorney may only withdraw from a case with leave of court for good cause shown after filing a written motion for leave. Counsel seeking permission to withdraw must serve his or her clients) with a copy of any motion for leave to withdraw and must include a certification in the motion identifying the address of the clients) and the method of service.

CRITICAL

Applies to

Fax filed document

A fax filing is accepted as the original, but the sender must retain the source document and make it available on request with original signatures and the original fax cover sheet until the case and all appeal opportunities are concluded.

A document filed by fax shall be accepted as the original filing. The sender shall not be required to file the original document but must maintain the same for the sender's records. Such copy must be available for production upon request of the Court with original signatures and with the original copy of the facsimile cover sheet. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.

CRITICAL

Applies to

Damages affidavit

An affidavit supporting proof of damages must be executed by someone with personal knowledge, and the moving party’s attorney may not be the affiant.

The affidavit must be executed by a person with personal knowledge of the contents of the affidavit. An attorney for the moving party may not be the affiant for an affidavit for proof of damages.

CRITICAL

Applies to

Assigned counsel list application

An attorney seeking placement on the Assigned Counsel List must submit an application demonstrating Ohio admission, good standing with the Ohio Supreme Court, and proof of legal malpractice insurance.

To be eligible to be placed on the Assigned Counsel List, an attorney must submit an application demonstrating the following minimum qualifications: 1. Admitted by the Ohio Supreme Court to practice in Ohio; 2. In good standing with the Ohio Supreme Court; and, 3. Proof of legal malpractice insurance.

CRITICAL

Applies to

Motion to transfer case

A motion to transfer a small-claims case to the regular docket must include an affidavit stating that a good defense exists, its grounds, and compliance with any court-imposed terms.

A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the Court.

CRITICAL

Applies to

Jury service excuse exemption deferral request

Requests for excuse, exemption, or deferral from jury service must be made in writing and accompanied by appropriate documentation, except in exigent circumstances or for good cause.

Unless in the case of exigent circumstances or for good cause showing, all requests for excuse, exemption or deferral must be made in writing and shall be accompanied by appropriate documentation.

CRITICAL

Applies to

Objections to magistrate decision

Objections must specifically state the reasons for requesting a new hearing or overruling the recommendation and include a transcript or evidence as described in Ohio Civil Rule 53.

The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled and include a transcript of the proceeding or evidence as more fully described in Ohio Civil Rule 53.

CRITICAL

Applies to

Opposition

Briefs in opposition must contain citations and legal arguments.

Briefs in opposition shall contain citations and legal arguments.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

Counsel for the moving party must submit a proposed journal entry with the default-judgment request.

Counsel for the moving party shall submit a proposed journal entry.

WARNING

Applies to

Written application

If the prevailing party fails to provide the journal entry to opposing counsel, the non-prevailing party may apply in writing for the Clerk to bring the matter to the Court’s attention, and the Court may dismiss for want of prosecution or enter another proper order.

If the prevailing party fails to furnish such entry to opposing counsel, the Clerk upon written application of the non-prevailing party, shall call the case to the attention of the Court, which may dismiss the case for want of prosecution or make such other order as may be proper under the circumstances.