Hardin County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Jury service medical documentation

To support an excuse based on a mental or physical condition, the prospective juror or their personal representative must provide physician documentation verifying unfitness for jury service for up to twenty-four months.

The prospective juror, or the prospective juror’s personal representative, must provide the Court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for a period of up to twenty-four months.

CRITICAL

Applies to

Defendant record information

The citing officer or person must provide the Defendant’s record information to the Court before or at the initial hearing.

Information concerning the Defendant’s record shall be provided to the Court by the citing officer or person prior to or at the initial hearing.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Pleadings, motions, and other papers filed in a case must contain the assigned case number.

Civil, small claims, traffic and criminal actions brought in this Court shall be numbered consecutively as filed within the separate categories above described and shall be entered on the appropriate docket and indexed as numbered. All pleadings, motions or other papers filed in such case shall contain the assigned case number.

CRITICAL

Applies to

Plea continuance request

A request to continue a plea date must include a written motion and order stating the reasons, filed and provided to the court.

Once a plea date is set, no continuance of said plea date shall be granted unless a written motion and order is filed and provided to the Court setting forth the reasons for the continuance.

CRITICAL

Applies to

Citation information

A citing officer or other person must provide a statement of fact to the Assistant Kenton City Law Director.

INFORMATION ACCOMPANYING CITATIONS: A statement of fact by a citing officer or other person shall be provided to the Assistant Kenton City Law Director.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, judge name, case number

A missing exhibit filed separately must be attached to a signed cover sheet containing the case caption, Court name, case title and number, Judge’s name, and exhibit title.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the Judge and the title of the exhibit being filed (e.g., Attachment I, Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendant’s Motion to Dismiss), and shall be signed

CRITICAL

Applies to

Missing exhibit

Unless the Court orders otherwise, a missing exhibit must be filed with the Clerk as a separate document.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Clerk of Court as a separate document

CRITICAL

Applies to

Motion

Motions must be written and accompanied by a written memorandum containing the facts and counsel’s legal arguments.

All motions to the Court shall be made in writing and shall be accompanied by a written memorandum containing the statement of facts and the legal arguments of counsel.

CRITICAL

Applies to

Trustee appointment application

A trustee appointment application must include a complete and accurate statement under oath containing the specified debtor, employment, earnings, and notice information.

1. FORM: The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of a. The debtor's name, address and marital status. b. The name and address of his/her employer or employers. c. The amount of his/her gross earnings for a period of thirty days. d. A copy of the fifteen day written notice of proceeding against his/her earnings with the name and address of the judgment creditor sending it.

CRITICAL

Applies to

Further pretrial conference request

Additional pretrials require prior Court approval, and a request for a further pretrial conference must be written, state the reasons, and say whether Court intervention is necessary.

No additional pretrials will be granted without prior Court approval. Upon completion of the final pretrial, the case will be set for trial if the case is unresolved. Any request for a further pretrial conference shall be made in writing and set forth the reasons therefore, and shall include whether or not the intervention of the Court is necessary.

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by a time waiver and an appropriate journal entry bearing opposing counsel’s original signature or indicating counsel’s refusal to sign.

Motions for continu- ances shall set forth the reason for the continuance, and be accompanied by a time waiver and an appropriate journal entry which shall contain a signature line bearing the original signature of opposing counsel or indicating refusal of same.

CRITICAL

Applies to

Jury service excuse exemption or deferral request

Requests for jury-service excuse, exemption, or deferral must use the provided form and include appropriate documentation.

All requests for excuse, exemption or deferral must be made on the form provided, and shall be accompanied by appropriate documentation.

CRITICAL

Applies to

Record check request

A record-check request must be in writing and state the reason for the request and the subject’s full name and date of birth.

The Court’s staff will do record checks only when the re- quest is made in writing. The request shall contain at a minimum the following: the reason for the request, and the full name and date of birth for the person on which the check is requested.

CRITICAL

Applies to

Court appointed counsel list application

An attorney seeking placement on the appointed-counsel list must submit a written request and a copy of their Ohio Supreme Court registration card.

In order to be added to the Court appointed counsel list, an interested attorney must submit such request in writing and provide the Court with a copy of his/her Ohio Supreme Court registration card.

CRITICAL

Applies to

Fax document

Must include

case number

Fax cover pages must provide the listed case, document, transmission, filer, page-count, and cost information, including the case number if one has been assigned.

b. The title of the case c. The case number d. The assigned Judge e. The title of the document being filed f. The date of transmission g. The transmitting fax number h. An indication of the number of pages included in the transmission, including the cover page i. If a Judge or case number has not been assigned, state that fact on the cover page; if a case number has been assigned, the transmission will not be accepted without the case number j. The name, address, telephone number, fax number, and Supreme Court registration number, if applicable, of the person filing the fax document k. If applicable, a statement explaining how costs are being submitted

CRITICAL

Applies to

Document or evidence

Must include

ai disclosure

Attorneys and/or parties must disclose the use of AI-assisted technology in the creation or editing of any document or evidence submitted to the Court. Such disclosure should include a description of the AI technology used and its role in the preparation of the document or evidence being submitted. The disclosure must be made in writing at the time the document or evidence is being submitted and shall be attached to the document or evidence as a cover sheet. The disclosure must indicate the type of AI used and certify the Attorney’s final review and approval of the AI-assisted material.

Attorneys and/or parties must disclose the use of AI-assisted technology in the creation or editing of any document or evidence submitted to the Court. Such disclosure should include a description of the AI technology used and its role in the preparation of the document or evidence being submitted. The disclosure must be made in writing at the time the document or evidence is being submitted and shall be attached to the document or evidence as a cover sheet. The disclosure must indicate the type of AI used and certify the Attorney’s final review and approval of the AI-assisted material.

CRITICAL

Applies to

Traffic citation or criminal complaint

Traffic citations and criminal complaints are subject to the stated authorized-preparer restriction, with the specified complaint approval initials also stated as an exception.

The Clerk shall not accept traffic cita- tions or criminal complaints for filing except those prepared by the Kenton City Law Director, Assistant Kenton City Law Director, Hardin County Prosecuting Attorney, Assistant Hardin County Prosecuting Attorney, a Village Solicitor who will be prosecuting the case, or a duly au- thorized law enforcement officer having authority to act within the territorial jurisdiction of this Court unless the complaint is initialed for approval by the Kenton City Law Director, Assistant Kenton City Law Director or a Village Solicitor who will be prosecuting the case.

CRITICAL

Applies to

Orders in aid of execution and citations in contempt

The party requesting orders in aid of execution or citations in contempt must prepare and file them in a form acceptable to the Court.

Orders in aid of execution and citations in contempt shall be prepared and filed by the party requesting the orders in a form acceptable to the Court.

CRITICAL

Applies to

Court appointed counsel list removal request

An attorney seeking removal from the appointed-counsel list must make a written request to the Court.

Any attorney wishing to be removed from the Court appointed list shall be ex- cused from said service upon written request made to the Court.

CRITICAL

Applies to

Defendant pretrial statement

The defendant pretrial statement must be filed with the court and opposing counsel at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

CRITICAL

Applies to

Entries of confirmation and distribution

The party who requested the sale must prepare the confirmation and distribution entries with statements about the regularity of the sale and any judgment balance, unless the Court directs otherwise.

Entries of confirmation and distribution shall be prepared by the party who re- quested the sale and shall contain a statement that the sale was regular and proper in every re- spect unless otherwise directed by the Court, together with a statement of the balance, if any, still due on the judgment.

CRITICAL

Applies to

Notice of counsel change

If counsel dies or is dismissed, the party or substitute counsel must promptly notify the Court in writing; otherwise, the case proceeds as if original counsel remains available and participating.

If counsel dies or is dismissed by a party, the party of substitute counsel must notify the Court in writing forthwith. If the Court is not notified, the case will proceed as if original counsel were available and participating.

CRITICAL

Applies to

Withdrawal

Counsel must withdraw from a case in writing.

Counsel shall withdraw from a case in writing.

CRITICAL

Applies to

Media recording application

The application to record, broadcast, or photograph proceedings must be completed and given to the Clerk or Deputy Clerks for the Judge’s review.

or Photograph Proceedings” must be filled out and given to the Hardin County Municipal Court Clerk/Deputy Clerks. Applications will then be given to the Judge for review.

CRITICAL

Applies to

Pretrial report

After the pretrial concludes, the parties must file a pretrial report.

The pretrial shall be conducted in accordance with Criminal Rule 17.1, and upon conclusion, a pretrial report shall be filed by the parties (See At- tachment A).

CRITICAL

Applies to

Traffic safety form

The defendant must enter a guilty or no-contest plea by signing the Traffic Safety form.

the Defendant must enter a guilty or no-contest plea to the traffic charge by signing the Traf- fic Safety form.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a scheduling conflict with another court must include a copy of that court’s assignment notice for the conflicting hearing.

Motions for continuances filed due to a scheduling conflict with another Court shall be accompanied by a copy of the Court-issued assignment notice of the conflicting hearing.

CRITICAL

Applies to

Journal entry

A journal entry settling a case must state which party will pay the costs.

All journal entries settling cases shall state which party will pay the costs.

CRITICAL

Applies to

Small claims petition

Small claims filings must provide full, complete, and current names and addresses for the plaintiffs and defendants.

The Plaintiff(s) and Defendant(s) names and addresses must be full, complete and current.

CRITICAL

Applies to

Jury demand

When a jury demand is required, prospective jurors may be summoned only after a written jury demand is filed.

A. Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.

CRITICAL

Applies to

Motion

Counsel must personally attend civil hearings unless the attorney files a motion and entry requesting telephone appearance for the Judge’s review and approval.

ALL CIVIL HEARINGS REQUIRE THE PERSONAL ATTENDANCE OF COUNSEL UNLESS THE ATTORNEY FILES A MOTION AND ENTRY TO APPEAR BY TELE- PHONE FOR THE JUDGE TO REVIEW AND CONSIDER FOR APPROVAL.

CRITICAL

Applies to

Facsimile filing

If an exhibit cannot be accurately transmitted by fax, replace it with an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an in- sert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Journal entry

Counsel for the party receiving an order or judgment must prepare the appropriate journal entry unless the Court directs otherwise.

Counsel for the party in whose favor an order or judgment is rendered shall prepare the appropriate journal entry unless the Court directs otherwise.

CRITICAL

Applies to

Traffic safety program application

The traffic safety program application must be accompanied by the correct fine and cost payment.

the program must be accompanied by the correct fine and cost payment,

CRITICAL

Applies to

Pretrial report

All attorneys attending a pretrial must complete the appropriate Pretrial Report and file it with the Court and opposing counsel at least one week prior to the scheduled pretrial date (See Attachments B and C.)

All attorneys attending a pretrial must complete the appropriate Pretrial Report and file it with the Court and opposing counsel at least one week prior to the scheduled pretrial date (See Attachments B and C.)

CRITICAL

Applies to

Signed source document filed by fax

A party faxing a signed source document must fax either the signed document or an unsigned copy marked “/s/” followed by the signing person's name where the signature appears.

4. SIGNATURE A. A party who wishes to file a signed source document by fax shall either: a. Fax a copy of the signed source document; or b. Fax a copy of the document without the signature but with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source documents.

CRITICAL

Applies to

Withdrawal

When the party approves counsel’s withdrawal, the approval must be endorsed upon the withdrawal when it is filed.

If the withdrawal is with the approval of the party, said approval shall be endorsed upon the withdrawal when filed.

CRITICAL

Applies to

Plaintiff pretrial statement

A plaintiff pretrial statement must be filed with the court and opposing counsel.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

CRITICAL

Applies to

Request for execution

Requests to execute against property other than personal earnings must specifically and in detail describe all property to be seized, including known model and serial numbers.

Requests for execution of other than personal earnings shall describe specifically and in detail (including model and serial numbers if known) all property to be seized on execution.

CRITICAL

Applies to

Application

Requests for permission to record, broadcast, televise, or photograph public Court proceedings must be made in writing to the presiding Judge.

Consistent with Rule 11.00 of the Rules of Superintendence for the Courts of Ohio, requests for permission to record, broadcast, televise, or photograph Court proceedings that are open to the public as provided by Ohio law, shall be made in writing to the Judge presiding over the proceeding.

CRITICAL

The written application and the Judge’s order granting or denying it must be made part of the proceeding’s record.

The written application and order of the Judge granting or denying the application shall be made part of the records proceedings.

CRITICAL

Applies to

Jury service excusal request

A request to be excused from jury service must be in writing.

The request must be in writing.

CRITICAL

Applies to

Jury service excusal request

A request for excusal based on a mental or physical condition must include physician documentation verifying the prospective juror is unfit for jury service for up to twenty-four months.

The prospective juror, or the prospective juror’s personal representative, must provide the Court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for a period of up to twenty-four months.

WARNING

Applies to

Facsimile cover page

A person filing by fax must provide a cover page that includes the Court’s name; the provided text ends before the remaining required information.

The person filing a document by fax shall also provide therewith a cover page containing the following information: a. The name of the Court

WARNING

Applies to

Jury summons

A jury summons must be understandable to a lay recipient and explain how and when to respond and the consequences of failing to do so.

Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. Said summons shall clearly explain how and when the recipient must respond and the consequences for his/her failure to respond.

WARNING

Applies to

Media recording application

The media representative’s application includes a certification that the representative is familiar with the applicable rules and will abide by them.

I certify that I am familiar with the contents of Local Rule 28 of the Hardin County Municipal Court and the Rules of Superintendence of the Court of Ohio, and will strictly abide by these rules.

WARNING

Applies to

Facsimile filing

A fax filer must retain the source document and source cover sheet, make them available to the Court on request, and keep the source document until the case and post-judgment relief opportunities are concluded.

the person making a fax filing must maintain in his or her records, and have available for production on request by the Court, the source document filed by fax with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. In addition, the source document filed shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

WARNING

Applies to

Jury excusal request

For a medical excuse from jury duty, the juror should have a doctor complete the designated section and attach documents if necessary.

If your excuse is medical in nature, have your doctor complete this section (attach documents if necessary):

WARNING

Applies to

Petition assistance acknowledgment

A person requesting the Deputy Clerk's assistance with a petition must execute the Court's form acknowledging the basis for the assistance.

The person filing the petition upon requesting such assistance shall execute a form prepared by the Court acknowledging the basis upon which assistance is granted.

WARNING

Applies to

Jury excusal request

For a work-related excuse from jury duty, the juror should have a supervisor complete the designated section and attach documents if necessary.

If your excuse involves your work, have your supervisor complete this section (attach documents if necessary):