Girard Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion for continuance

A motion for continuance must include a proposed judgment entry with the time and date left blank.

said movant shall file a proposed judgment entry with the motion for continuance, leaving the time and date blank for the court to set a new date.

CRITICAL

Applies to

Motion

Each motion must be 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 together with a filing fee in accordance with the court’s cost structure.

CRITICAL

Applies to

Jury venire

The venire must be signed to certify statutory compliance, and the clerk must file the original and deliver a copy to the bailiff for service.

Each officer in attendance or their designated representative shall sign the venues certifying that Sections 2313.01 to 2313.46 of the Revised Code have been complied with and thereupon the clerk shall file the original and deliver a copy thereof to the bailiff for service.

CRITICAL

Applies to

Judgment entry

When a matter set for trial is settled, counsel for the parties must prepare and sign a judgment entry.

In the event a matter set for trial is settled, counsel for the parties shall prepare and sign a judgment entry.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a separate editable Microsoft Word proposed order, which is transmitted to the judicial authority and not filed.

All motions (PDF) must be accompanied by a proposed order in a separate document in Microsoft Word which will NOT be filed, but will be transmitted to the proper judicial authority for review, editing and signature. All proposed orders must be capable of editing in Microsoft Word.

CRITICAL

Applies to

Pleading or motion

Pleadings and motions must be filed as PDFs bearing the Registered User’s original signature; the filer must confirm other signers’ agreement before filing and retain the original through the stated appeal period.

Signature Requirements: As indicated above, all pleadings and motions must contain an original signature of the Registered User. The pleading (PDF) with the original signature must be uploaded for filing. In the event the document bears more than one signature, the Registered User must confirm agreement of the other signers prior to filing. The Registered User shall retain the original document until the case is closed and the time for appeal has expired or the appeal has been fully adjudicated.

CRITICAL

Applies to

Written plea

An arraignment without the defendant present is permitted only when the defendant is represented, counsel obtains the prosecutor’s approval, and the defendant’s consent, not-guilty plea, and speedy-trial waiver are written and signed by the defendant and counsel.

An arraignment without the appearance of the defendant is permitted only if the defendant is represented by counsel; the defendant’s counsel orally or in writing secures the approval of the prosecutor; the defendant’s consent, plea of “not guilty,” and waiver of his right to a speedy trial shall be reduced to a writing and duly signed by the defendant and defendant’s counsel.

CRITICAL

Applies to

Forcible entry and detainer complaint

A forcible-entry-and-detainer complaint based on breach of a written contract must state the eviction reasons in its body and attach the legally prescribed 3-day notice.

A complaint in forcible entry and detainer filed with the clerk of the Girard Municipal Court based upon a breach of a written contract shall specifically set forth the reason(s) for the eviction in the body of the complaint and attach thereto a three (3) day notice as is prescribed by law.

CRITICAL

Applies to

Forcible entry and detainer complaint

A forcible-entry-and-detainer complaint based on breach of a month-to-month tenancy must state the eviction reasons in its body and attach the legally prescribed 30-day and 3-day notices.

A complaint in forcible entry and detainer filed with the clerk of the Girard Municipal Court based upon a breach of a month to month tenancy shall specifically set forth the reason(s) for the eviction in the body of the complaint and attached thereto a thirty (30) day and three (3) day notice as is prescribed by law.

CRITICAL

Applies to

Pleading or motion

The Registered User must place the listed identifying and contact information beneath the signature line.

In addition to the original signature, the Registered User must include the following information underneath the signature line: Name; Attorney registration number if applicable; Firm name; Identity of party represented; Address; Telephone number; E-mail address.

CRITICAL

Applies to

Jury trial demand

Jury-trial demands in civil and criminal cases must be written; civil demands must also include the deposit specified in the cost structure.

All demands for jury trials in civil and criminal cases shall be made in writing and in civil cases shall be accompanied by the deposit set forth in the cost structure of these rules.

CRITICAL

Applies to

Pleading

Must include

certificate of service

Pleadings must include a certificate of service.

g. Pleadings must include a certificate of service;

CRITICAL

Applies to

Jury notice

The notice served on each juror must be addressed to that juror and state that the juror was drawn and must attend the specified term.

The bailiff shall notify each juror named in the venues to attend the term by serving upon him, at least six days before the commencement thereof, a notice addressed to him, stating that he has been drawn as a juror for and is required to attend the term specified in the notice.

CRITICAL

Applies to

Temporary jury excusal request

A request for temporary excusal on a statutorily recognized ground requires written documentation and court approval.

Upon written documentation subject to the approval of the Court, the statutorily recognized upon which this Court may temporarily excuse attendance are as follows:

CRITICAL

Applies to

Paper

Must include

judge name, case number

All filed papers must identify the judge, case type, and pleading, and be filed under the cause style and number.

All papers filed with the Clerk of Court in any action or proceeding shall be typed on 8 ½” by 11” paper and filed under the style and number of the cause; shall include the name of the judge; a notation as to the type of case, a short description as to what type of pleading is being filed and any other information required by the civil or criminal rules.

CRITICAL

Applies to

Reporting to law enforcement compliance plan

The Reporting to Law Enforcement & Compliance Plan must identify procedures and timelines for the listed reporting and recordkeeping duties.

C. The Reporting to Law Enforcement & Compliance Plan will identify procedures and timelines for: 1. Obtaining and reporting fingerprints as prescribed by the Revised Code and Supreme Court of Ohio rules, including R.C. 109.57(A) (2), 109.60(A), 2923.14, 2929.44(B), and 2945.402(E) (1), Sup.R. 95(C) and Crim.R. 9(A); 2. Reporting information regarding protection orders as prescribed by the Revised Code and Supreme Court rules, including R.C. 2903.213, 2903.214, and 2919.26, and Sup.R. 10 (A); 3. Reporting information to the Ohio Department of Public Safety's Bureau of Motor Vehicles as prescribed by R.C. 4510.03, 4513.37, and 5502.10 and Supreme Court rules; 4. Maintaining complete and accurate records in accordance with 18 U.S.C. 922(g), the Revised Code, including R.C. 2923.13, and Supreme Court rules in the event of an audit by the Federal Bureau of Investigation, BCI, or state or local auditors; and 5. Reporting sealed and expunged records to BCI, LEADS, and other law enforcement databases pursuant to the Revised Code, including R.C. Ch. 2953 and R.C. 2903.214 and 2930.171.

CRITICAL

Applies to

Small claim complaint

A small-claim complaint form must be completed in full, signed, and delivered to the Clerk of Court.

Forms to file a small claim complaint can be secured from the clerk of the Girard Municipal Court or printed from the court’s internet cite found at www.girardmunicipalcourt.com. The form must be completed in its entirety, signed and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.

CRITICAL

Applies to

Jury exemption document

Written documentation is required for a statutory exemption to result in automatic excusal from jury service.

Upon written documentation, the statutory exemptions shall be automatically excused from jury service.

CRITICAL

Applies to

Jury service deferral request

When business exigencies require, jury service may be delayed for up to three days at a time with written documentation and court approval.

Upon written documentation, subject to the approval of the Court, jury service may be delayed for a period of no more than three days at a time where the exigencies of business so require.

CRITICAL

Applies to

Transfer motion

A defendant seeking transfer of a small-claims case by motion must accompany it with an affidavit stating that a good defense exists, its grounds, the reason for transfer, and compliance with court-imposed terms.

A case duly entered on the docket on the small claims division shall be transferred to the regular docket of the court upon the motion of the court made at any stage of the proceedings; upon the motion of defendant, accompanied by an affidavit stating that a good defense to the claim exists; setting forth the grounds of the defense; setting forth the reason such transfer is requested; and the compliance of the defendant with any terms fixed by the court; or by the filing of a counterclaim in an amount greater than $6,000.00.

CRITICAL

Applies to

Summons

The summons must notify tenants of the date, time, and place of each hearing.

Further, the clerk shall notify the tenant(s) in the body of the summons the date, time and place of each of said hearings.

CRITICAL

Applies to

Complaint

A complaint in an action filed upon an account must have a copy of the account attached.

Any action filed upon an account shall have attached to the complaint a copy of such account pursuant to Ohio R. Civ. Pro. 10 (D)(1).

CRITICAL

Applies to

Proposed order

Users must put the case information in the proposed order’s caption and its text in the body, and must not alter the judges’ signature token.

Users will need to insert the case information in the caption as well as paste the body of their proposed order. USERS SHALL NOT ALTER THE SIGNATURE TOKEN FOR THE JUDGES' SIGNATURE IN ANY MANNER WHATSOEVER.

CRITICAL

Applies to

Initial case or new party filing

A Registered User submitting an initial case or adding a party must include service instructions with the information required by the Local and applicable Civil Rules, including process-server instructions if applicable.

A Registered User submitting an initial case or adding a new party must include instructions for service with the required information pursuant to the Local Rules and applicable Civil Rules. This includes instructions for a process server, if applicable.

CRITICAL

Applies to

Final judgment

A judgment entry that finalizes a case must specify how costs are to be applied.

Further, all judgment entries finalizing the case shall specify how the costs shall be applied.

CRITICAL

Applies to

Jury trial demand

A jury-trial demand in a forcible-entry-and-detainer case must be written and filed with the clerk at least three days before trial.

A demand for a jury trial in forcible entry and detainer cases shall be made in writing and filed with the clerk’s office not less than three (3) days prior to the date of trial.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

An attorney seeking to withdraw in a civil or criminal case must file a written motion with a proposed judgment entry and state that the client was notified in writing, advised to promptly obtain other counsel, and informed of upcoming required appearances.

An attorney who desires to withdraw from representing a client in a civil or criminal case shall file a written motion to withdraw together with a proposed Judgment Entry representing the reasons for the withdraw. In the motion, the attorney shall represent that he notified his client in writing that he is no longer willing to provide further legal services for his benefit; that counsel informed his client that his client should immediately secure the assistance of other competent counsel and further informed his client of any upcoming dates his client is required to attend.

WARNING

Applies to

Mailed ticket payment

When paying a ticket by mail, the defendant must sign the back of the ticket in the designated signature area.

PAYING BY MAIL - Can pay by certified check or money order made payable to the Girard Municipal Court. Our mailing address is Girard Municipal Court, 100 N. Market Street, Girard, Ohio 44420. You must sign the back of the ticket at the bottom where it reads, "signature of defendant."

WARNING

Applies to

Traffic ticket payment or court appearance

A person paying or appearing in court on a traffic ticket must bring proof of insurance.

You must bring proof of insurance whenever you pay or go to court on a traffic ticket.

WARNING

Applies to

Journal entry

A Journal Entry requesting the qualifying first extension must note “First Leave” or similar wording and be filed with the Clerk of Courts, with a stipulation by or notice to opposing counsel.

Ohio R. Civ. Pro. 12 will be strictly enforced. However, parties may generally obtain one (1) extension of time without leave of court not to exceed thirty (30) days, in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing a Journal Entry with the Clerk of Courts, thereon noting “First Leave” or words of similar import, with stipulation by or notice to opposing counsel.

WARNING

Applies to

Mailed ticket payment

A mailed ticket payment must include a copy of the defendant's current insurance coverage.

You must submit along with your ticket and payment a copy of your current insurance coverage.