Hamilton Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Default judgment request

A default-judgment request must explain, with information or documentation tied to the pleadings, how the requested amount was calculated, including any payments by a defendant.

Any request for a default judgment shall provide the necessary information or documentation on how the amount requested is computed from the documents attached to the pleadings in the case, including any payments made by any defendant.

CRITICAL

Applies to

Default judgment motion

Where appropriate and not previously submitted, a default-judgment motion involving credit-card debt must include proof that the original creditor’s assignment was sent to the defendant, or an affidavit explaining why required documents are unavailable.

The written motion shall include where appropriate, if not previously submitted to the Court, the following documents; proof of assignment or assignments from original creditor sent to the defendant if the case involves the recovery of credit card debt, or an affidavit explaining why any of the required documents are not available.

CRITICAL

Applies to

Proof of gross earnings

The debtor must deposit assigned earnings with the Clerk each pay period and furnish proof of gross earnings; failure to do so results in termination of the trusteeship.

Debtor is required to deposit assigned earnings with the Clerk of this Court, each pay period and to furnish proof of gross earnings. Failure to do this will result in the Termination of the Trusteeship.

CRITICAL

Applies to

Written objection

The written objection must state and explain the grounds for opposing mediation or the appointed mediator.

(C) Any party opposed to the mediation or the mediator appointed by the Court must file a written objection with the Court within seven (7) days of receiving notice of the Mediation Order. Said motion shall state and explain the grounds for said objection.

CRITICAL

Applies to

Pleading

All pleadings must include trial counsel’s address, telephone number, and Supreme Court Number.

(H) Attorneys must subscribe legibly all pleadings, entries and motions or in the alternative print the spelling of their name beneath the signature. The address, telephone number and Supreme Court Number of the respective trial counsel shall be placed on all pleadings.

CRITICAL

Applies to

Complaint

When appropriate, a complaint must include proof of an absolute and unconditional assignment establishing the plaintiff’s standing and the Court’s jurisdiction; the assignment cannot be used to prevent suit by the real party in interest.

(I) Upon filing and where appropriate, complaints shall have attached proof of unconditional assignment or assignments from the original creditor or original party in interest to the plaintiff establishing standing and jurisdiction of the Court. The assignment or assignments shall not be used as a ruse to prevent the action from being brought by the real party in interest. The assignment or assignments must be absolute and unconditional in order to prevent duplicity of payment.

CRITICAL

Applies to

Pleading entry or motion

Attorneys must sign pleadings, entries, and motions legibly or print their name beneath the signature.

(H) Attorneys must subscribe legibly all pleadings, entries and motions or in the alternative print the spelling of their name beneath the signature.

CRITICAL

Applies to

Request

All requests must be written or made by a written precipe signed by the requesting party in interest or their attorney.

(G) All requests shall be in writing or by written precipe signed by the requesting party in interest or their attorney.

CRITICAL

Applies to

Withdrawal entry

To end an attorney's responsibility to appear at hearings, a withdrawal entry must be timely filed and approved by a Judge or Magistrate.

An attorney, having entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to notices or call therefore, unless a Court entry of withdrawal is timely filed and approved by a Judge or Magistrate of the Court.

CRITICAL

Applies to

Trusteeship payment

A debtor’s payment to the Court must be accompanied by a current payroll check stub or payroll statement of earnings.

5. Debtor’s payments to the Court must be within 3 business days of the receipt of their paycheck and must be in cash, bank draft or money order. The payment must be accompanied with a current payroll check stub or payroll statement of earnings.

CRITICAL

Applies to

Motion

Each motion must be made in writing and accompanied by a written memorandum supporting it with arguments.

All motions shall be made in writing and accompanied by a written memorandum containing the arguments supporting the motion.

CRITICAL

Applies to

Trustee appointment application

The trustee appointment application must be filed with a sworn, complete statement identifying qualifying unsecured creditors, their addresses, and amounts owed.

A full, accurate and complete statement, under oath, of the names of the unsecured creditors with liquidated claims, their addresses and the amount due and owing to each for work or labor or for necessities, is herewith filed.

CRITICAL

Applies to

Withdrawal entry

A proposed withdrawal entry must indicate that the client and opposing counsel were served with the entry and hearing-date notice.

The proposed entry of withdrawal shall indicate that the client and opposing counsel have been served with a copy of the entry and notice of the hearing date.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must be accompanied by the sworn statement required by RC Section 2329.70.

2. The Application must be accompanied by a sworn statement as required by RC Section 2329.70. (See, Appendix 18B)

CRITICAL

Applies to

Motion

(K) All motions shall be accompanied by a brief or a memorandum of authorities in support of said motion. In default thereof, such motions may be stricken from the files.

(K) All motions shall be accompanied by a brief or a memorandum of authorities in support of said motion. In default thereof, such motions may be stricken from the files.

CRITICAL

Applies to

Proposed jury instruction

Parties seeking specific jury instructions must file proposed instructions with the Court at least seven days before trial, unless otherwise ordered.

(D) All parties desiring specific jury instructions shall, at least seven (7) days prior to trial, file the proposed jury instruction with the Court and serve the same upon opposing counsel unless otherwise ordered by the Court.

CRITICAL

Applies to

Motion

A motion to conduct a hearing by telephone conference must include an entry allowing the telephone conference.

Any motion to conduct a hearing by telephone conference shall be accompanied by an entry allowing the telephone conference.

CRITICAL

Applies to

Small claims transfer motion

A small-claims transfer to the regular docket requires filing a motion and affidavit under ORC 1925.10.

Upon filing of motion and affidavit, as required by ORC 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

CRITICAL

Applies to

Judgment entry

A judgment entry must state which party will pay the court costs.

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

CRITICAL

Applies to

Default judgment motion

If the defendant fails to plead or otherwise defend after the answer period expires, the plaintiff must file a written motion for default judgment under the Ohio Rules of Civil Procedure.

(B) After the expiration of the answer period, and if the defendant has failed to plead or otherwise defend, the plaintiff shall file a written motion for default judgment pursuant to the Ohio Rules of Civil procedure.

CRITICAL

Applies to

Stipulation of dismissal or other proper entry

After a trial-set case settles, counsel must file a stipulation of dismissal or other proper entry within 30 days; otherwise, the case may be dismissed for want of prosecution.

(C) If a case set for trial is settled, the trial counsel shall immediately notify the Court and thereafter, as provided by these rules, file a stipulation of dismissal or other proper entry within 30 days or the case may be dismissed for want of prosecution.

CRITICAL

Applies to

Unsecured creditor statement

The unsecured-creditor statement must list qualifying creditors, addresses, and amounts owed as of filing, and include the debtor’s sworn declaration that it is full, accurate, and complete.

The following is a full, accurate and complete statement, to the date of filing hereof of the names of the unsecured creditors with liquidated claims, their addresses and the amount due and owing to each for work or labor or for necessities: NAME ADDRESS AMOUNT DUE STATE OF OHIO, COUNTY OF BUTLER, ss. The undersigned being duly sworn states that the foregoing statement is full, accurate and complete.

CRITICAL

Applies to

Bankruptcy notice

Written notification of a pending bankruptcy proceeding must identify the bankruptcy case number affecting a litigant.

Upon written notification to the Court of any pending bankruptcy proceeding and the bankruptcy case number affecting any litigant in this Court, there shall be a judgment entry as follows:

CRITICAL

Applies to

Fax filing

Must include

caption, case number

A fax filing must have the proper case heading, including the parties' names and case number.

As in all filings the document must contain the proper heading on the case including names of the parties and the case number.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include a copy of a current-military-status affidavit for every person named as a defendant.

A copy of an affidavit of current military status shall be attached to motions for default judgment for all persons named as defendant.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include proof that a demand has been made in accordance with RC Section 2716.02.

1. Application shall be made in a form required by RC Section 2329.70 (See, Appendix 18A) along with proof that a demand has been made in accordance with RC Section 2716.02.

CRITICAL

Applies to

Appeal

An affected person appealing a traffic photo-monitoring judgment must use the Clerk-supplied appeal form, attach the magistrate’s written decision, and pay court costs under the Court’s schedule.

In order to file an appeal from a judgment imposed under a traffic law photo monitoring device program, an affected person must file an appeal form supplied by the Clerk of Courts, attach a copy of the written decision of the magistrate to the appeal form, and pay the court costs as designated by the Court’s schedule.

WARNING

Applies to

Objection

When opposing counsel rejects a judgment entry, counsel may file written objections with the Court.

When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil cause shall, within ten (10) days thereafter, unless the time be extended by the Court, prepare a proper judgment entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after it is received by him and may, in case of rejection, file objections thereto in writing with the court.

WARNING

Applies to

Proposed findings conclusions

When a request for finding of fact and conclusions of law is made, the Judge or Magistrate may direct the party making the written request to prepare, within five (5) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.

When a request for finding of fact and conclusions of law is made, the Judge or Magistrate may direct the party making the written request to prepare, within five (5) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.

WARNING

Applies to

Jury service deferral application

A request to defer jury service must show necessity, be written or otherwise recorded, and include appropriate supporting documentation.

(E) Persons may be deferred from service by the Judge or other authorized Court official upon application showing the necessity which shall be in writing or otherwise recorded. All such requests must be accompanied by supporting, appropriate documentation.

WARNING

Applies to

Jury instructions

In a civil jury-trial case, the Judge or Magistrate may require the parties to submit proposed jury instructions before trial, either general and specific instructions or only case-specific instructions.

If the case is scheduled for a jury trial in a civil case, the Judge or Magistrate may order the parties to submit proposed jury instructions to the Court before the commencement of trial. The Judge or Magistrate may order the parties to submit either general and specific jury instructions, or just specific jury instructions that apply to the particular case, as the Judge or Magistrate elects.