Franklin Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Small claims complaint

All parties' addresses must be full, complete, and current; the Small Claims Division will not accept a partial address.

The address of all party's must be full, complete and current. The Small Claims Division will not accept a partial address.

CRITICAL

Applies to

Confirmation of distribution entry

The party requesting a sale must prepare the confirmation-of-distribution entry, stating that the sale was regular and proper and the remaining judgment balance, unless the court directs otherwise.

Entries of confirmation of distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the court and also a statement of the balance, if any, still due on the Judgment.

CRITICAL

Applies to

Pleading

A pleading adding new parties must state their addresses in the caption unless an address is alleged to be unknown.

pleading making new parties, the addresses of such new parties shall be given in the caption of such pleading. B. Unknown Address: This rule, however, shall not apply when it is alleged that such address is unknown.

CRITICAL

Applies to

Judgment assignment cancellation or release

An assignment, cancellation, or release of judgment must be in writing and filed like other papers in the case.

The assignment, cancellation or release of judgment shall be in writing and filed as other papers in the case.

CRITICAL

Applies to

Prosecutor pretrial materials

At a pre-trial conference, the prosecutor must have available the relevant defendant statements and records, potentially material documents or objects, test and accident reports, a witness list with prior felony records, and a written statement of favorable material evidence.

The prosecutor shall have available at pre-trial conference all of the following material relevant to the case under consideration: a. Any written or recorded statement of the Defendant Co-Defendant or summary of any such oral statement. b. Any prior criminal record of the Defendant, and in a traffic case, the prior record of the Defendant. A statewide record summary or printout is preferred. c. Documents or tangible objects which may be material to the defense or used at the trial, or which were obtained from or belong to the Defendant. d. Reports of test or examinations made in connection with the case, accident reports and in DWI cases alcohol influence report forms and DWI test results. e. A written list of the names and addresses of all know witnesses intended to be called at trial together with any record of prior felony convictions of any such witnesses. f. A written statement of all known evidence favorable to the Defendant and material either to guilt or punishment.

CRITICAL

Applies to

Reassignment request

A case removed from the docket cannot be reassigned until a written request for reassignment is filed.

Once removed from the docket, a case shall not be reassigned until a written request for re-assignment is filed.

CRITICAL

Applies to

Complaint

Must include

caption

Every complaint must include the full names and addresses of all parties in its caption.

Every complaint filed shall contain in the caption thereof the full names and addresses of all the parties to the action,

CRITICAL

Applies to

Pleading, motion, leave to plead, or other paper filed in an action

Must include

case number

Pleadings, motions, leaves to plead, and other papers filed in an action must include the case number and the filing attorney’s name, address, telephone number, and Supreme Court Identification Number.

All pleadings, motions, leaves to plead or other papers filed in an action must bear the case number, the name, address and telephone number of the attorney filing same, and that attorney’s Supreme Court Identification Number.

CRITICAL

Applies to

Filing

Filed pleadings, motions, interrogatories, and other papers must identify their general nature in the caption.

All pleadings, motions, interrogatories and all other papers filed in an action shall state in the caption the general nature of the pleading, e.g., "Complaint", "Answer", "Motion", "Interrogatories" or other appropriate designation.

CRITICAL

Applies to

Summons

The summons must be signed by the clerk or deputy and bear the court’s seal.

Upon the filing of a complaint, summons shall be forthwith issued, signed by the Clerk of deputy and shall bear the seal of the court.

CRITICAL

Applies to

Eviction action

A non-attorney individual plaintiff in an eviction action must bring documents proving ownership of the property.

In all evection actions where an individual Plaintiff is not an attorney, said person must provide proof of ownership of the property by bringing a copy of the deed and/or trust agreement and deed setting forth the ownership rights of the real estate.

CRITICAL

Applies to

Jury demand

A party seeking a jury must file a written demand.

A party desiring a jury shall file a demand in writing.

CRITICAL

Applies to

Motion

On motion reciting that personal service proceedings and Aid of Execution was made on the person who failed to appear or hold funds as directed thereon, an order may be issued for the appearance forthwith of said person to show cause why he should not be punished as and for contempt of court.

On motion reciting that personal service proceedings and Aid of Execution was made on the person who failed to appear or hold funds as directed thereon, an order may be issued for the appearance forthwith of said person to show cause why he should not be punished as and for contempt of court.

CRITICAL

Applies to

Motion

A motion seeking oral argument or testimony must contain a request for special assignment.

When oral argument or testimony is desired the motion shall contain a request for special assignment.

CRITICAL

Applies to

Certificate of judgment for lien or transfer of judgment

A praecipe must be filed to obtain a certificate of judgment for lien or transfer of judgment.

Certificate of judgment for lien or for transfer of judgment shall be obtained only upon filing a praecipe therefore.

CRITICAL

Applies to

Demand for exemption

An affidavit demanding an exemption from execution or attachment must be designated “Demand for Exemption” and state the statutory reasons for the exemption.

Exemptions: When a demand is made for exemptions from executions or attachment, the same procedure shall be followed except the affidavit shall be designated "Demand for Exemption" and shall also state the reasons under the statute for state Exemptions.

CRITICAL

Applies to

Pretrial form

After a prosecutor's pre-trial conference, the prosecutor must complete a form listing the defendant, case number, charged offenses, defense attorney if any, and proposed settlement agreement; the agreement must be signed by the prosecutor and defense.

3. Upon conclusion of a prosecutor's pre-trial conference, the prosecutor therein involved shall complete the appropriate form indicating the name of the Defendant, the case number, the type of offenses charged, the defense attorney's name, if any, and the proposed settlement agreement. This agreement shall be signed by the prosecutor and the defense

CRITICAL

Applies to

Complaint

The plaintiff or the plaintiff’s attorney must file one complaint copy for each defendant to be served.

It shall be the duty of the plaintiff or his attorney to file with a complaint as many copies thereof as there are defendants to be served with the summons in said action.

CRITICAL

Applies to

Trustee appointment application

A trustee appointment application must include a complete and accurate statement under oath of the debtor's identity and marital status, employers, 30-day gross earnings, and the creditor who sent the 15-day written notice.

The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of the following: 1. The debtor's names, address and marital status. 2. The name and address of his employer or employers. 3. The amount of his gross earnings for a period of thirty days. 4. A statement indicating the name of the creditor from whom the fifteen-day written notice of proceeding against his earnings was received.

CRITICAL

Applies to

Scene view request

A request for a view of the scene must be made in writing.

C. View of Scene: Any attorney in any case, civil or criminal, shall be authorized to request a view of the scene; however, such request must be made in writing at least three working days before trial, unless there is good cause shown for not doing so and same is approved by the court.

CRITICAL

Applies to

Release assignment or certificate of judgment

Releases and assignments of judgments or certificates of judgment must be in writing and signed by a person authorized to execute the judgment.

Releases and assignments of judgment or Certificates of judgment shall be in writing and signed by a person authorized to execute the judgment.

CRITICAL

Applies to

Continuance entry

An entry seeking a continuance must authorize the continuance and provide for reassignment, and must be delivered to the Clerk before the scheduled trial time.

The cases shall be removed from the docket on the day of the trial unless an entry authorizing a continuance and providing for reassignment is delivered to the Clerk before the time set for trial.

CRITICAL

Applies to

Motion

Motions other than motions for continuance must be accompanied by a memorandum; the provided excerpt ends before the required content is fully stated.

Any motion other than a motion for continuance shall be accompanied by a memorandum indicating the questions and

CRITICAL

Applies to

Agreement of counsel

Agreements of counsel with one another, a party, or a court officer must be filed in the case or dictated into the record.

Agreements of counsel with each other or with a party or with an officer of the court shall be filed in the case or dictated into the record.

CRITICAL

Applies to

Plea

Pleas cannot be entered by telephone; an attorney of record must enter an appearance in writing or appear with the defendant, and the client need not attend preliminary matters except pre-trial conferences and final disposition.

No pleas will be accepted over the telephone. It is necessary for every attorney of record to enter his appearance in writing or to appear personally with the defendant to enter his plea, although the client need not be present for preliminary matters except pre-trial conferences and the final disposition of the case.

CRITICAL

Applies to

Journal entry

The journal entry must state which party will pay the court costs.

The journal entry shall state which party will pay the court costs.

CRITICAL

Applies to

Third party claim

A claimant to attached or levied property must file a verified pleading designated “Third Party Claim” in the same case.

When a property attached or levied upon by the bailiff is claimed by anyone other than the party against whom the writ was issued, the claimant shall file in the same case a pleading designated Third Party Claim which shall be verified as in other cases.

CRITICAL

Applies to

Filing

Covered filings must include the filing attorney’s signed notation that a copy was mailed to or received by opposing counsel, except in post-judgment collection proceedings.

All motions, orders, rules to plead, briefs, memoranda, and all other filings or demands shall contain a written notation signed by the attorney filing same, indicating that a copy has been mailed to or received by opposing counsel. This requirement shall not apply to proceedings after judgment to enforce collection.

CRITICAL

Applies to

Fax filing

Fax-filed documents must include a cover page with the Court name, case title and number, document title, transmission date, and transmitting fax number.

Documents by fax shall provide Therewith a cover page containing the following information: l. 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;

CRITICAL

Applies to

Motion to suppress or dismiss

Motions to suppress evidence or dismiss must specifically state their grounds, the complained-of acts, and the items sought to be suppressed or quashed; noncompliant motions will be summarily overruled.

1. All motions shall set forth clearly and specifically the grounds for such motion and the acts complained of which are the basis for said motion. Said motions shall further clearly and specifically state the items which the movant wishes to have suppressed or quashed. Any motions filed which are not in compliance with this rule shall be summarily overruled.

CRITICAL

Applies to

Special proceeding documents

A party seeking relief in a special proceeding must prepare and provide the required documents in proper form; the action may be dismissed for failure to do so unless the Court orders otherwise.

Any party applying for orders in aid of execution, attachments replevin of personal property, or other relief in special proceedings, shall prepare all documents which may be required in such special proceedings by the Ohio Revised Code, or the Ohio Rules of Civil Procedure, and provide such documents to the Court in proper form. In the event the party requesting relief has failed to provide the required completed documents, the action shall be dismissed, unless the Court determines other Orders should be issued.

CRITICAL

Applies to

Continuance entry

The entry granting a continuance must state that no new trial date will be set unless either party requests one.

The entry granting the continuance will recite the fact that no new trial date will be set unless either party requests same.

CRITICAL

Applies to

Motion

Motions must be made in writing 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.

WARNING

Applies to

Employer statement

A debtor may obtain a wage release by delivering a signed employer statement of set earnings for the past 30 days and paying the amount required by law to be held.

A debtor may obtain a release of wages upon delivery to the court of a signed statement to the court from his employer as to his set earnings for the past thirty days and upon payment to the clerk of the amount required by law to be held.

WARNING

Applies to

Small claims complaint

A corporation's complaint may be signed by its attorney, while a partnership's affiant must be one of the partners.

In instances where the Plaintiff is a corporation, the signatory of the Plaintiff's complaint may be an attorney representing the plaintiff. In instances of partnership the affiant must be one of the partners.

WARNING

Applies to

Pretrial memorandum

A memorandum of matters agreed upon at pretrial should be filed in the case.

a memorandum of the matters agreed upon should be filed in said case.

WARNING

Applies to

Document

A cover sheet is unnecessary if the filing attorney’s office address and telephone number appear on the document.

It shall not be necessary to furnish a cover sheet for any document to be filed where the office address and telephone number of counsel filing the same appears upon the document.