Highland County Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

Complaints must identify the charged offense and the statute or ordinance number.

All complaints shall state the name of the offense charged and shall contain the numerical designation of the statute or ordinance

CRITICAL

Applies to

Appointed counsel expense reimbursement

Appointed counsel seeking expense payment from the court must correctly complete the prescribed reimbursement forms.

Appointed counsel seeking payment for expenses from the court shall correctly complete the forms prescribed by the Ohio Public Defender's Standards and Guidelines for Appointed Counsel Reimbursement.

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel's conflicting court appearance must include a copy of the order for the previously scheduled court appearance.

When a continuance is requested for the reason that counsel is scheduled to appear in another case at the same time, the motion shall include a copy of the previously scheduled court's order.

CRITICAL

Applies to

Affidavit or attested report

Affidavits and attested reports must be sworn before an arrest warrant is issued.

(1) All such affidavits or attested to reports must be sworn to prior to a warrant to arrest being issued by

CRITICAL

Applies to

Transcript order

In a felony case, an entry ordering a preliminary-hearing transcript for an indigent defendant must be approved by a Common Pleas Court Judge.

(E) In felony cases, if a transcript of the preliminary hearing proceedings is requested for an indigent defendant, an entry must be approved by a Common Pleas Court Judge ordering such transcript.

CRITICAL

Applies to

Eviction complaint

An eviction complaint filed by a person not licensed or admitted to practice law in Ohio must include the current deed and a property record card dated within 15 days before filing.

All eviction complaints filed by persons who are not licensed or otherwise admitted to practice law in the State of Ohio must be accompanied by a copy of the current deed to the rental property and the current property record card from the Highland County Auditor's Office dated within fifteen (15) days of the date of filing of the complaint.

CRITICAL

Applies to

Substitution of counsel

Must include

certificate of service

A substitution of counsel may be filed only if it will not delay trial and must include the listed designations, agreements, and certifications.

(C) Change of counsel may be permitted upon the filing of a substitution of counsel, provided the substitution will not delay the trial of the case. The substitution of counsel shall contain the following: (1) The designation of new counsel. (2) The agreement of prior counsel, or a certification of service to prior counsel. (3) Certification that the client agrees to the change of counsel. (4) Certification of service to the opposing counsel or parties.

CRITICAL

Applies to

Subpoena request

The requesting party must file a signed praecipe and a subpoena for each witness; the praecipe and subpoena may be combined in one document.

The requesting party shall file in the clerk's office a praecipe bearing the signature of the requesting party and the subpoena to be served on each witness. The praecipe and accompanying subpoena may be combined in one document.

CRITICAL

Applies to

Missing exhibit cover sheet

Must include

caption, judge name, case number

A separately filed missing exhibit must be attached to a cover sheet stating the court, case title, case number, judge, 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

CRITICAL

Applies to

Small claim transfer

A small claim is transferred to the regular docket upon filing the required motion and affidavit and paying the required cost.

Upon filing of motion and affidavit, as required by Ohio Revised Code Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.

CRITICAL

Applies to

Title search

For a real estate bond in a criminal case, the defendant’s attorney or the surety’s attorney must give the clerk a current title search certifying the property description, deed names, appraised taxable value, and liens.

In all criminal cases where the defendant posts a real estate bond, the defendant's attorney or an attorney for the surety whose property is being used to secure the bond must provide the clerk with a current title search, certifying the following: (1) A description of the property, (2) the names that appear on the deed, (3) the names that appear on the deed, the appraised taxable value of the property as shown on the records in the County Auditor's office, and (4) whether there are any liens on file against the property.

CRITICAL

Applies to

Pleading motion document

The clerk must not accept pleadings, motions, or other documents that do not comply with the rule.

Pleadings, motions, or other documents not complying with this rule of Court shall not be accepted for filing by the clerk.

CRITICAL

Applies to

Notice of completion of limited appearance

(E) An attorney may enter a "Notice of Limited Appearance" as authorized by Prof. Cond. R. 1.2(c) and in accordance with Civ.R. 3(B). Such an appearance shall terminate without the necessity of leave of court, upon the attorney filing a "Notice of Completion of Limited Appearance" filed and served upon all parties, including the party for whom the appearance was made, in accordance with Civ.R. 5.

(E) An attorney may enter a "Notice of Limited Appearance" as authorized by Prof. Cond. R. 1.2(c) and in accordance with Civ.R. 3(B). Such an appearance shall terminate without the necessity of leave of court, upon the attorney filing a "Notice of Completion of Limited Appearance" filed and served upon all parties, including the party for whom the appearance was made, in accordance with Civ.R. 5.

CRITICAL

Applies to

Fax source document

A fax filer need not submit the source document to the clerk but must retain it, with original signatures and the source document cover page, and produce it on request; retention is required for at least one year after case closure and after all opportunities for post-judgment relief.

The person making a facsimile filing need not file any source document with the clerk. The person shall, however, keep the source document in his or her records and have it available for production on request by the Court with original signatures, together with the source document cover page. The source document shall be maintained by the person making a facsimile filing for a minimum of one-year following the case closure and one-year following all opportunities for post-judgment relief

CRITICAL

Applies to

Pleading motion document

Each pleading, motion, or other document must be signed electronically or by hand by an attorney of record, if any, or by an unrepresented party in accordance with the Ohio Rules of Civil Procedure.

Every pleading, motion, or other document shall be signed, by electronic signature or by hand, by at least one attorney of record, if any, or by any party who is not represented by an attorney in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Assignment or transfer of interest

An assignment of judgment or other transfer of interest is ineffective unless approved by a judge’s entry.

An assignment of judgment or other transfer of interest will not be effective unless it is approved by a judge's entry.

CRITICAL

Applies to

First filing

A party represented by multiple attorneys must designate one counsel of record on its first filing to receive notices and service; otherwise, the first attorney listed is counsel of record.

(B) When two or more attorneys represent a party, only one attorney shall be designated as counsel of record to receive notices and service on behalf of that party. That designation shall be made on the first document filed by the party with the Court. If no attorney is designated as counsel of record, the first attorney listed for the party on the first document filed shall be considered counsel of record

CRITICAL

Applies to

Jury trial demand

A jury-trial demand must be in writing and filed with the clerk.

The demand must be in writing and filed with the clerk not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later.

CRITICAL

Applies to

Criminal complaint

Criminal complaints must include an affidavit or an investigating officer’s report attested to by a member of the investigating agency, law enforcement, or prosecutor.

All complaints in criminal cases shall have attached affidavit or a reporting by an investigating officer attested to by a member of the investigating agency, law enforcement, or prosecutor.

CRITICAL

Applies to

Contempt proceeding papers

If a served judgment debtor fails to appear, the applicant or attorney must file papers to initiate contempt proceedings unless the judge directs otherwise.

If the judgment debtor fails to appear after having been served with the order to appear, it is the duty of the applicant for the judgment debtor exam or his attorney to file appropriate papers to initiate contempt of court proceedings against the judgment debtor, unless the judge directs that other action be taken.

CRITICAL

Applies to

Complaint

Criminal and traffic cases must be commenced by filing a complaint.

All criminal and traffic cases shall be commenced in this court by the filing of a complaint.

CRITICAL

Applies to

Motion

Motions other than those normally made during trial or made with leave of Court must be written and accompanied by a memorandum containing counsel's arguments and applicable statutory and case-law citations.

All motions other than those normally made during trial, or otherwise made with leave of Court, shall be made in writing and accompanied by a written memorandum containing the arguments of counsel and applicable statutory and case law citations.

CRITICAL

Applies to

Signed fax document

A party faxing a signed document represents that the physically signed source is in its possession or control and must fax either the signed source or an unsigned copy bearing “/s/” and the signer’s name where the signature appears.

(5) A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control. 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 document

CRITICAL

Applies to

Bail posting documents

Before posting bail, a surety bail bond agent must present copies of the bond license and identification and a certified case- and amount-specific insurer power of attorney.

They will, however, be required to present all of the following documents prior to posting bail: (1) A COPY OF SURETY BAIL BOND LICENSE (2) A COPY OF DRIVER'S LICENSE OR STATE I.D. CARD (3) A CERTIFIED COPY OF POWER OF ATTORNEY FROM THE INSURER FOR THE SPECIFIC CASE INVOLVED AND IN THE SPECIFIC AMOUNT AS SET BY THE COURT.

CRITICAL

Applies to

Substitution of parties

Substitution of a party at any stage must be made by motion and court order.

Substitution of parties, at any stage of the proceedings, must be by motion and order of the court.

CRITICAL

Applies to

Pretrial motion

A proposed entry must accompany every pretrial motion.

Counsel shall submit a proposed entry with any pretrial motion that is filed.

CRITICAL

Applies to

Fax filing with untransmittable exhibit

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

CRITICAL

Applies to

Garnishment papers

The clerk will not accept garnishment papers that do not comply with the rule.

The clerk of this Court shall not accept for filing any garnishment papers not complying with this rule.

CRITICAL

Applies to

Proposed judgment entry

A Servicemembers Civil Relief Act military affidavit must be filed with the proposed entry unless it was filed earlier.

Military Affidavits pursuant to the Servicemembers Civil Relief Act shall be filed with the proposed entry, unless filed earlier.

CRITICAL

Applies to

Withdrawal motion

Must include

certificate of service

Withdrawal requires the assigned judge's consent and a written motion and entry stating the reasons and containing the specified information and certifications.

(D) Counsel shall be allowed to withdraw from counsel responsibility only with the consent of the judge assigned to the case. No application for withdrawal will be considered unless a written motion and entry is presented stating the reasons for the application. The motion and entry will contain the following: (1) The time and date of trial, it set. (2) A certification of service to opposing counsel. (3) Certification that the client has been notified that the attorney is seeking to withdraw from the case. (4) Counsel's professional statement that, if granted, a copy of the entry will be mailed immediately to the last known address of the client.

CRITICAL

Applies to

Default judgment motion

For a liquidated claim, the moving party must file an affidavit supporting the claim in addition to the motion.

If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit containing sufficient information in support of the claim.

CRITICAL

Applies to

Public record request

Mailed-request fees must be paid in advance, and requests for more than ten records per month require a written noncommercial-use certification.

(2) Mailed requests are accepted by the court. All fees for mailed requests must be paid in advance. The number of records requested for transmission by U.S. mail is limited to ten per month. Requests in excess of ten per month will be filled, provided the requesting party certifies to the court in writing that the party does not intend to use or forward the requested records or the information contained therein for commercial purposes as set forth in O.R.C. 149.43.

CRITICAL

Applies to

Surety affidavit

A surety other than a legally licensed corporate surety must provide an affidavit describing the property securing the full bond and any additional financial-responsibility evidence required by the court or clerk.

Every surety, except a corporate surety licensed as provided by law, shall provide an affidavit describing the property proposed as security for the full amount of the bond as required by R.C. 2937.011(L). The surety shall provide other evidence of financial responsibility as the court or clerk may require.

CRITICAL

Applies to

Motion

A request for an oral hearing must be submitted with the motion and prominently noted in its caption.

A request for oral hearing shall be submitted with the motion and shall be noted prominently in the caption.

CRITICAL

Applies to

Required supporting documentation

Other documentation required by law must be delivered to the court in a timely manner and filed with the clerk when required by law.

In addition, any other required documentation such as the LEADS print-out, BMV form 2255, probable cause affidavit, etc., shall be delivered to the Court in a timely manner and filed with the clerk if required by law.

CRITICAL

Applies to

Criminal complaint

All criminal complaints shall be made upon oath before a person authorized by law to administer oaths.

All criminal complaints shall be made upon oath before a person authorized by law to administer oaths.

CRITICAL

Applies to

Application for limited driving privileges

An application to modify a driving-privilege suspension order must be written and contain the information on the Court-approved Information Sheet and Application For Limited Driving Privileges.

In making application for modification of a court order suspending driving privileges, a written application shall be submitted containing the information contained on the Information Sheet and Application For Limited Driving Privileges approved by the Court.

CRITICAL

Applies to

Small claims action

A small claims action begins by filing a Small Claims Petition under Ohio Revised Code Section 1925.04.

A small claims action is commenced by filing a Small Claims Petition, pursuant to Ohio Revised Code Section 1925.04 on the form provided by the clerk of this court.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A party seeking default judgment under Ohio Civil Rule 55 must file a written motion and proposed Judgment Entry with the clerk.

A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and a proposed Judgment Entry with the clerk.

CRITICAL

Applies to

Financial disclosure form

When the stated conditions apply, the defendant’s indigency determination is based on submission of a Financial Disclosure Form.

When the defendant in a criminal or traffic case indicates that the defendant is indigent and desires counsel, and the potential penalty may include a jail sentence, the judge shall determine the indigency of the defendant based upon submission of a Financial Disclosure Form by the Defendant.

CRITICAL

Applies to

Fax cover page

Must include

caption, judge name, page count +1 more

Every fax filing must include a cover page with the listed court, case, filing, transmission, page-count, and filer information, or state when a judge or case number has not been assigned.

(4) The person filing a document by fax shall provide therewith a cover page containing the following information: The name of the court; The title of the case; The case number; The assigned judge; The title of the document being filed (e.g. Defendant Jones' Answer to Amended Complaint; Plaintifi Smith's Response to Defendant's Motion to Dismiss); The date of transmission The transmitting fax number; An indication of the number of pages included in the transmission, including the cover page; If a judge or case number has not been assigned, state that fact on the cover page; The name, address, telephone number, fax number, Supreme Court registration number (if applicable) and e-mail address of the person filing the fax document if available.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a memorandum stating the moving party’s factual and legal arguments with appropriate citations.

All motions must be in writing and accompanied by a written memorandum setting forth the factual and legal arguments of the moving party with appropriate citations of authority.

WARNING

Applies to

M4 trespassing summons

For M4 trespassing charges involving the Greenfield Quarry or East Monroe Falls, summonses may issue without a complaint or sworn affidavit.

Exception: Due to safety concerns for the public involving trespassing violations at the Greenfield Quarry and East Monroe Falls, M4 trespassing charges may be issued as summonses without complaint or affidavit being sworn.

WARNING

Applies to

Motion

Must include

proposed order

All motions, where an oral hearing is not required, should be accompanied by a proposed entry.

All motions, where an oral hearing is not required, should be accompanied by a proposed entry.

WARNING

Applies to

Public record request

A public-record requester must provide a name and case number or case type, and the court will answer requests within a reasonable time.

(2) The party making a request for a public record must furnish the court with a name and case number or case type. All requests will be answered within a reasonable time.

WARNING

Applies to

Complaint

Complaints may use statutory language, but should omit statutory or ordinance surplusage unrelated to the case.

Complaints may be in statutory language, but should not contain surplusage from the statute or ordinance which is not involved in the case.

WARNING

Applies to

Pleading motion document

Filed documents must include specified counsel contact and registration information, or the address and telephone number of an unrepresented party.

Every pleading, motion, or document filed on behalf of a party and represented by an attorney shall have printed or typed thereon the name, address, telephone number, fax number if any, email address if any, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon. A party who is not represented by an attorney shall provide the party's address and telephone number.

WARNING

Applies to

Pleading motion document

Must include

caption

A pleading, motion, or document must identify in its caption each party appearing in the proceeding for the first time and that party’s complete address, if known.

Each pleading, motion, or document shall set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceeding for the first time.

INFO

Applies to

Financial disclosure form

With the defendant’s consent, the judge may inquire in open court and complete the Financial Disclosure Form on the defendant’s behalf.

The judge may inquire of the Defendant in Open Court and complete the Financial Disclosure Form on behalf of the defendant with the consent of the defendant.

INFO

Applies to

Guilty waiver

The clerk’s office is authorized to accept guilty waivers for the specified M4 trespassing violations.

The Court authorizes the clerk's office to accept guilty waivers for violations on M4 trespassing offenses at the Greenfield Quarry and East Monroe Falls.