Fremont Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Jury summons

A jury summons must clearly explain how and when the recipient must respond and what happens if they fail to respond.

(2) A summons clearly explains how and when the recipient must respond and the consequences of a failure to respond.

CRITICAL

Applies to

Complaint

Must include

caption

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

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

CRITICAL

Applies to

Occupational driving letter request

The petitioner must provide insurance proof from the insurance agent; the agent may fax it or submit it through the E-Filing Portal, and the court will not accept it from the petitioner.

(1) The petitioner must provide proof of insurance. This proof MUST BE PROVIDED FROM your insurance agent. The agent may either fax the court your current proof of insurance OR submit it through the E-Filing Portal. The court will NOT accept insurance from the petitioner.

CRITICAL

Applies to

Satisfaction of judgment

A judgment may be satisfied by filing an appropriate order approved by the plaintiff or judgment creditor or counsel, or by the specified docket endorsement.

Satisfaction in whole or part, of any judgment shall be affected by (1) filing an appropriate order of entry with the clerk which has been approved by the plaintiff or judgment creditor, or his/her counsel of (2) endorsing the appearance docket by the plaintiff or judgment creditor, or his/her counsel over the authenticating signature of the clerk.

CRITICAL

Applies to

Physician statement

If requesting excusal based on a medical condition reported in question 10, provide a statement from your physician supporting the request.

If a medical condition is stated in question 10 and you wish to be excused, please provide a statement from your physician stating so.

CRITICAL

Applies to

Default judgment

For the specified personal-property money claim, an affidavit with supporting documentation and an actual-knowledge signer must verify the repair cost or diminution in value, whichever is less, to support default judgment in the amount prayed for.

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 of its diminution in value, whichever is less.

CRITICAL

Applies to

Motion for default judgment

A motion for default judgment on the second cause of action may be oral or written, but must be accompanied by supporting documentation and an affidavit signed by a party with actual knowledge verifying the amount.

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

CRITICAL

Must include

certificate of service

A withdrawal application must be written, state its reasons, include a service certification, and represent that the client will be mailed the entry if granted; court consent is required, with an open-court absence exception and additional limits after trial assignment.

Counsel of record shall be allowed to withdraw as trial counsel only upon consent of the court. Except for withdrawal requested in open court when a counsel's client fails to appear for a court proceeding, no application for withdrawal will be considered unless (1) a written request to withdraw is presented which states the reasons for the application; (2) the application contains a certification of service to opposing counsel; and (3) the withdrawing counsel represents that, it the application is granted, a copy of the withdrawal entry will be mailed forthwith to the last known address of the client. A withdrawal of counsel after the cause has been assigned tor trial shall not be permitted, except for good cause shown and upon determination by the court that the party will be adequately and properly represented at the trial.

CRITICAL

Applies to

Proposed journal entry

Must include

case number

A proposed journal entry must identify the case number by reference.

(b) The motion shall be docketed prior to submitting the proposed journal entry to the Judge, and the proposed journal entry shall contain, by reference, the case number of the case.

CRITICAL

Applies to

Motion

Every motion must be 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.

CRITICAL

Applies to

Personal earnings verification

A debtor must provide verification of personal earnings every six months.

The debtor shall be required to provide verification of personal earnings every six (6) months.

CRITICAL

Applies to

Multiple signature document

For a document requiring multiple signatures, the filer must confirm that its content is acceptable to all required signatories and indicate the other signatories’ agreement in the document.

(1) The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document. (2) The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.

CRITICAL

Applies to

Jury questionnaire

If unable to serve during the term, complete and return the questionnaire to the clerk’s office with a note to the Judge giving the reason.

If you are unable to serve as a juror for any reason during this term, please complete the questionnaire and return it to the clerk's office with a note to the Judge indicating the reason you are unable to serve.

CRITICAL

Applies to

Diversion program agreement

Each defendant accepted into the diversion program must agree to its conditions and, if applicable, sign an agreement setting them out.

Each defendant accepted into this program must agree and if applicable, sign an agreement setting out the conditions of participation in the program.

CRITICAL

Applies to

Pleading motion brief or other paper

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

Every pleading, motion, brief or other paper filed in a case shall be identified by title, and shall bear the name of the individual attorney, the firm, if any, office address and telephone number of the attorney filing the same, or if there is no attorney, then the party tiling the same.

CRITICAL

Applies to

Complaint

The complaint must include copies of the specified notices served on tenants 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 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 of Civil Procedure.

CRITICAL

Applies to

Default judgment

Parties seeking default judgment must file the required affidavit under the Soldier's and Sailor's Civil Relief Act with the clerk.

(D) The parties seeking relief by default judgment shall file with the clerk of court, an affidavit in compliance with the Soldier's and Sailor's Civil Relief Act, 50 U.S.C. Section 520 (1). Failure to file proper affidavits shall render the judgment voidable as provided by federal law.

CRITICAL

Applies to

Motion

Must include

proposed order

A moving party must submit with its motion, at the time of filing, a proposed journal entry granting the motion and stating the requested relief.

(a) A moving party, at the time of filing a motion, shall submit with the motion a proposed journal entry granting the motion and setting forth the requested relief.

CRITICAL

Applies to

Subsequent pleading

Must include

caption

A subsequent pleading joining new parties must give each new party’s name and, if known, address in the caption.

For all subsequent pleadings in which new parties are joined, the name and the address, if known, of each new party shall be stated in the caption of the pleading.

CRITICAL

Applies to

Extension or continuance motion

Motions for extensions to move or plead and for continuances must include a judgment entry with space for the applicable new date or date and time.

Motions for an extension of time to move or plead, and for a continuance, shall be accompanied by a judgment entry, which contains a space for the court to insert the date to move or plead, or the new date and time for the continued hearing.

CRITICAL

Applies to

Jury questionnaire

Complete and return the questionnaire to the Court in the provided stamped envelope within 10 days of receiving it.

You will find with this letter a questionnaire, to be completed and returned to the Court in the enclosed self-addressed stamped envelope within ten (10) days from the date you receive it.

CRITICAL

Applies to

Occupational driving letter request

The petitioner must provide proof of employment, with specified examples; self-employed petitioners must provide either the state tax I.D. form or a copy of filed federal, state, or city taxes.

(2) The petitioner must provide proof of employment. Examples would be current pay stub, current schedule or a letter from the employer with the business letterhead and signed by employer. For individuals who are self-employed, they must provide proof of business with either the tax I.D. form from the state OR a copy of either federal, state, or city taxes filed.

CRITICAL

Applies to

Trusteeship payment

A debtor must provide a payroll check stub or payroll statement of earnings with a payment.

(A) No payment will be accepted from a debtor without a payroll check stub or payroll statement of earnings.

CRITICAL

Applies to

Written complaint motion brief memorandum of law or proposed journal entry

The listed filings must be submitted in duplicate and include the filing attorney’s contact information and responsible attorney’s registration number; motions for continuance are excepted.

No written complaint, motion (except a motion for continuance), brief, memorandum of law or proposed journal entry shall be accepted by the clerk for filing unless the same is filed in duplicate and indicates the name, address and phone number of the attorney filing same, as well as the responsible attorney's Supreme Court registration number.

CRITICAL

Applies to

Motion papers

Motions, briefs, and supporting memoranda must be filed in duplicate with the clerk, who forwards one copy to the civil assignment clerk for referral to the judge.

In any case, all motions, briefs, and memoranda in support shall be filed in duplicate with the clerk of court who shall then forward one copy to the civil assignment clerk for referral to the judge.

CRITICAL

Applies to

Default judgment

In an unliquidated damage case where the defendant fails to appear or answer, supporting documentation for judgment must be verified by the plaintiff's affidavit or sworn testimony.

(C) In all unliquidated damage cases in which the defendant has failed to appear or answer, the plaintiff shall have judgment in the same manner as provided in Rule 55 with regard to supporting documentation verified by affidavit or sworn testimony of the plaintiff.

CRITICAL

Applies to

Subsequent pleading or motion

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

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

CRITICAL

Applies to

Jury questionnaire

The jury questionnaire must request only information essential to determining eligibility, providing basic voir dire background, and efficiently managing the jury system.

(3) The jury questionnaire is phrased and organized so as to facilitate quick and accurate screening and requests only that information essential for: (a) Determining whether a person meets the criteria for eligibility; (b) Providing basic background information ordinarily sought during voir dire examination; and (c) Efficiently managing the jury system.

CRITICAL

Applies to

Pleading motion or other document

Pleadings, motions, and other filed documents must bear the party’s or attorney’s signature under Civil Rule 11; another person may not sign and have the signer initial it.

All pleadings, motions and other documents filed by the court shall contain the signature of the party or attorney representing the party in accordance with Civil Rule 11. Signatures signed by another person and initialed by the person signing the document are NOT permitted.

CRITICAL

Applies to

Complaint

In a civil case, the plaintiff must file one complaint copy for each defendant to be served with a summons.

(C) In a civil case, plaintiff, or plaintiff's attorney shall file with the complaint as many copies as there are defendants to be served with a summons.

CRITICAL

Applies to

Continuance motion

A continuance motion must state the date of the hearing for which the continuance is requested.

A motion for a continuance of an assigned hearing shall state the date of the hearing from which a continuance is requested.

WARNING

Applies to

Electronically transmitted pleading or paper

A signature on an electronically transmitted pleading or paper is treated as the signature of the attorney or party it purports to be.

Any signature on electronically transmitted pleadings or papers shall be considered that of the attorney or party it purports to be for all purposes.

WARNING

Applies to

Journal entry

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

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

WARNING

Applies to

Minor misdemeanor waiver procedure

An eligible individual, but not an organization, may use the waiver procedure by appearing personally at the clerk’s office within the citation’s time limit, signing a trial waiver, pleading guilty in writing, and paying the stated fine and costs.

A person (but not an organization as defined in Section 2901(D) of the Ohio Revised Code) charged with a traffic or criminal violation waiverable under Ohio Traffic Rule 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, sign a waiver of trial, plead guilty in writing, and pay the stated fine and costs established by the administrative order of the court.

WARNING

Applies to

Journal entry

Counsel for the party in whose favor an order or judgment is rendered must prepare a journal entry.

Counsel for the party, in whose favor an order or judgment is rendered shall prepare a journal entry.

WARNING

Applies to

Paper filed by represented party

Each paper filed by a represented party must list the responsible attorney’s name, address, telephone number, and Ohio Supreme Court code number beneath the title on the first page.

Each paper filed by a party represented by counsel shall designate on the first page, immediately beneath the title of the paper, the name address, telephone number, and the Ohio Supreme Court code number of the attorney responsible for the case.

WARNING

The correct mailing addresses, including ZIP codes, for all parties and counsel must be listed.

The correct mailing addresses, including zip codes, for all parties and counsel shall be listed.

WARNING

Applies to

Oral hearing request

An oral hearing on the referenced motions requires a written request, and the court must deem a hearing necessary.

There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.

WARNING

Applies to

Juror background information

(Z) To reduce the time required for voir dire, basic background information regarding panel members should be made available to counsel in writing for each party on or before the day on which jury selection is to begin.

(Z) To reduce the time required for voir dire, basic background information regarding panel members should be made available to counsel in writing for each party on or before the day on which jury selection is to begin.

INFO

Applies to

Memorandum

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

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

INFO

Applies to

Rent escrow application

A tenant in a rent escrow case may deposit rent due with the clerk by filing an application under the cited Ohio statutes.

In rent escrow cases, a tenant may deposit, with the clerk of court, all rent money due to a landlord by filing an application in accordance with Sections 5321.07 or 3733.121 of the Ohio Revised Code.