Lebanon Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Court filing

Documents later submitted to the Clerk for filing must contain the information required in the Notice of Appearance.

Documents subsequently submitted to the Clerk for filing shall contain the same information as set forth above.

CRITICAL

Applies to

Motion

A motion to file instanter after missing a non-jurisdictional deadline because of technical problems must include a signed declaration explaining the failure.

The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.

CRITICAL

Applies to

Application

When filing the application, the debtor’s attorney or pro se party must certify to the Clerk that two copies of the trustee appointment notice will be mailed to each listed creditor within 24 hours.

At the time of filing the application, the attorney for the debtor or pro se party shall certify to the Clerk that two copies of the notice of appointment of trustee will be mailed to each listed creditor within 24 hours of filing.

CRITICAL

Applies to

Revised document

A revised document must identify itself as revised and state the original filing date in its title.

The revised document must be so identified and must reference the date of the filing of the document being revised in its title.

CRITICAL

Applies to

Paper offered for filing

Must include

judge name, case number

Papers offered for filing must include the case number, assigned Judge or Magistrate, a document title identifying the filing party, and the specified attorney information when applicable.

All papers offered for filing with the Court shall include the following: (1) case number; (2) the name of the Judge or Magistrate assigned to the case; (3) title of the document (answer, motion, etc.) containing the name of the party filing it; and (4) the typed name, signature, office address, direct telephone number, fax number, personal email address, and Ohio Supreme Court Registration Number of the attorney, if applicable.

CRITICAL

Applies to

Notice of appearance

Counsel must file a Notice of Appearance containing the specified attorney, contact, representation, and appearance-limitation information.

In all cases, Counsel shall file a Notice of Appearance, which shall contain the following information: (1) attorney's name and signature; (2) Ohio Supreme Court registration number; (3) business address; (4) direct line telephone number; (5) fax number, if any; (6) the attorney's personal email address; (7) party or parties the attorney represents; and (8) limitations on the appearance, if any.

CRITICAL

Applies to

Proof of insurance

All traffic offenders must show proof of insurance.

All traffic offenders must show proof of insurance.

CRITICAL

Applies to

Filing

Must include

certificate of service

Every filing's certificate of service must state the service date and manner, identify each recipient and their business and email addresses, and be signed under the Rules of Civil Procedure.

The certificate of service on all filings shall state the date and manner of service designating whether it was sent by certified mail, facsimile transmission, email, hand delivery, or otherwise. The certificate of service on all filings shall state the name, business address, and email address for service of each attorney or party to whom the filing is directed and shall be signed in accordance with the Rules of Civil Procedure.

CRITICAL

Applies to

Motion

Must include

proposed order

A written default-judgment motion must state specified complaint, service, and answer information; list supported damages; and include a proposed entry and an affidavit addressing age, competence, and military service.

All motions for default judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service and answer date. All motions for default judgment shall also contain a list of all damages supported by affidavit, documentary or other evidence. A proposed entry shall accompany the motion as well as an affidavit addressing issues concerning age, competence and military service.

CRITICAL

Applies to

Audio video deposition

An audio/video deposition submission must include the officer’s written certification of the oath or affirmation and accuracy of the recording, together with the officer’s deposition log.

The audio/video version of the deposition transcript shall include an attached written certification from the officer who took the audio/video deposition. The certification shall state that the witness was fully sworn or affirmed by the officer and that the audio/video version of the deposition is a true record of the testimony given by the witness. The officer's log of the deposition shall be included with the certification.

CRITICAL

Applies to

Trustee application

A trustee-appointment application must include a complete and accurate statement under oath that begins with the debtor’s name and address; the source excerpt ends before the list is complete.

The application for appointment of a Trustee shall include a complete and accurate statement, under oath, of: (1) the debtor's name, address, and

CRITICAL

Applies to

Audio video deposition

The audio/video deposition must be marked as an exhibit of the presenting party and retained as evidence.

The audio/video version of the deposition shall be marked as an exhibit of the party who presented the deposition and shall be retained as evidence in the trial or hearing.

CRITICAL

Applies to

Motion to withdraw

Must include

certificate of service

A motion to withdraw must be written, state the specified information, include a service certification, and be filed seven calendar days before a scheduled hearing unless the Court approves otherwise.

Counsel must file a written motion, stating: (1) the reasons for the application; (2) the date and time of the next scheduled hearing, if a hearing has been set; (3) a certification of service on opposing counsel and the client; and (4) the motion is filed seven calendar days prior the scheduled hearing date, unless otherwise approved by the Court.

CRITICAL

Applies to

Deposition transcript

A transcript of every deposition intended for use at trial or a hearing must be filed with the Clerk of Courts before use.

For every deposition to be used at any trial or hearing, a transcript must first be filed with the Clerk of Courts.

CRITICAL

Applies to

Motion

Must include

proposed order

Any motion filed with the Court must be accompanied by a proposed entry or order.

A proposed entry or order shall accompany any motion filed with the Court.

CRITICAL

Applies to

Rejection request

A request to reject an e-filing must include either the case number or the e-File Confirmation Number.

The request for rejection must contain either the case number or the e-File Confirmation Number of the e- Filing sought to be rejected.

CRITICAL

Applies to

Pretrial statement

As appropriate to the litigation, the pretrial statement must address discovery, trial witnesses, settlement negotiations, expert reports, special damages, exhibits, and unusual issues; an unlisted witness is excluded absent good cause excused by the Court.

Each pretrial statement shall contain a statement sufficiently addressing each of the following items as are appropriate to the litigation: Discovery. Counsel or the pro se party shall advise the Court of the status of discovery and, if not completed, the nature of additional discovery and the time anticipated to complete. List of Witnesses. Counsel or the pro se party shall list all lay and expert witnesses who will testify at trial. Failure to list a witness in the pretrial statement shall result in the witness being excluded from testimony at trial, unless excused by the Court for good cause shown. Settlement Negotiations. Status of all settlement negotiations. Exchange of Medical and/or Expert Reports. A copy of each expert's written report, or summary of the expert's report where no written report is available to counsel prior to the pretrial, shall be furnished to all counsel/unrepresented parties, and the Court. Special Damages. Where appropriate, trial counsel shall list all special damages and furnish opposing counsel/unrepresented party verification of those damages. 6. Exhibits. Trial counsel or the pro se party shall list all exhibits that he/she expects to introduce at trial. Unusual Issues of Fact or Law.

CRITICAL

Applies to

Jury trial demand

A demand for trial by jury must be in writing.

A demand for trial by jury must be in writing and filed with the Clerk not less than ten days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later.

CRITICAL

Applies to

Audio video conference request

A party seeking to participate in a conference or hearing by audio or video conference must request it in a written motion filed with the Clerk, and permission is discretionary.

At the Court's discretion, a party may be permitted to participate in a conference or hearing by audio or video conference. All hearings shall be recorded. Any party who desires to have a hearing scheduled in this manner shall request same in a written motion filed with the Clerk.

CRITICAL

Applies to

Motion

All motions in Lebanon Municipal Court proceedings must be in writing and accompanied by a written memorandum.

In all proceedings in the Lebanon Municipal Court, all motions shall be made in writing and be accompanied by a written memorandum.

CRITICAL

Applies to

Notice of appointment of trustee

Each trustee appointment notice must state the applicant’s name, the claimed debt, the time and place for objections, and provide space for the creditor’s verification or objection.

Each notice shall contain the name of the applicant, the sum the applicant claims is owing to the creditor, the time and place objections to said application shall be heard, and space for the verification or objection of the creditor.

CRITICAL

Applies to

Docket entry

When striking a document by judicial order, the Clerk must annotate the docket with the strike and its reason.

When the Clerk strikes a document upon the order of a judge or magistrate, the Clerk must annotate the docket to show that it has been stricken and the reason therefore.

CRITICAL

Applies to

Expert witness report

Counsel must take reasonable measures, including obtaining supplemental reports, to ensure the report covers the expert’s opinions on each issue; the expert may not testify or opine on unreported issues.

It is counsel's responsibility to take reasonable measures, including the procurement of supplemental reports, to ensure that each report adequately sets forth the expert's opinion. The report of an expert must reflect his or her opinions as to each issue about which the expert will testify. An expert will not be permitted to testify or provide opinions on issues not raised in his or her report.

CRITICAL

Applies to

Continuance request

Must include

proposed order

Every continuance request must include a proposed order with blanks for the new time and date.

All requests for a continuance shall include a proposed Order with blanks for the new time and date.

CRITICAL

Applies to

Motion to withdraw

An attorney may withdraw from a case only with the Court's permission after appearing.

Once an appearance is made, an attorney may withdraw from a case only with leave of Court.

CRITICAL

Applies to

Written not guilty plea

A written not guilty plea must be filed with the attorney’s notice of appearance and a waiver of the right to a speedy trial.

A written not guilty plea shall be filed along with the attorney's notice of appearance and waiver of the right to a speedy trial.

CRITICAL

Applies to

Audio video deposition

An audio/video deposition will not be accepted or presented unless a written transcript accompanies the submission.

The Court will not accept or permit the audio/video version of the deposition transcript to be presented during a trial or hearing unless a written transcript of the deposition accompanies the submission.

CRITICAL

Applies to

Continuance motion

A continuance motion based on the attorney’s conflicting hearing in another court must include documentation of that conflict.

When the continuance of a trial or hearing is requested because there is a scheduling conflict for the attorney to appear in another case assigned for a hearing on the same date and time in another court, the motion shall be accompanied by documentation of the conflict.

CRITICAL

Applies to

Exhibits

The party offering exhibits must provide two copies to the Court, one for the judicial officer and one for witnesses.

The party proffering the exhibit shall provide a copy of all exhibits to each party prior to the hearing, and provide two copies to the Court: one for the judicial officer and one to be used by witnesses.

CRITICAL

Applies to

Jury demand waiver

A defendant who no longer wants a jury after demanding one must waive the demand in writing.

After a jury demand has been filed, should the defendant determine that a jury is not desirable, the defendant must waive the jury demand in writing.

CRITICAL

Applies to

Expert witness report

A party may call an expert only after procuring a written report and forwarding it to all attorneys and unrepresented parties before trial; absent good cause, reports must follow the scheduling order and be supplied no later than 30 days before trial, except in Small Claims cases unless ordered otherwise.

A party may not call an expert witness to testify unless a written report has been procured from the expert and forwarded to all attorneys and parties, if unrepresented, prior to the time of trial. Unless good cause is shown, all reports must be supplied as set forth in the scheduling order, but no later than 30 days prior to trial. This Rule shall not apply to Small Claims cases, unless specifically ordered by the presiding Judge or Magistrate.

CRITICAL

Applies to

Incarceration cost hearing notice

The notice of the incarceration-cost hearing must state the deposit, proposed amount due, potential payment or refund, hearing date and time, appearance guidance, and refund information.

Notice of said hearing shall be given to the defendant, which notice shall specify: (1) the sum deposited by the defendant for said confinement; (2) the amount proposed by the confining authorities to be due; (3) the amount which will be due to be paid by the defendant or to be refunded to the defendant if the Court finds the amount proposed by the confining authorities to be appropriate; (4) instructions to the defendant as to the date and time of the hearing; (5) that the defendant need not appear at the hearing unless he wishes to contest the proposed amount of reimbursement, or his ability to pay; and (6) that if the deposit exceeds the sum adjudged to be due for reimbursement, the excess deposit will be refunded to the defendant.

CRITICAL

Applies to

Exhibits

Bulky or oversized exhibits will be photographed and returned, and each photograph must clearly show the exhibit number.

Exhibits that are bulky or oversized shall be photographed by the Clerk or Bailiff, and returned to the attorney who proffered the exhibit and/or arresting agency. All photographed exhibits must clearly show the exhibit number.

CRITICAL

Applies to

View of scene request

A request for a view of the scene must be written, filed at least 14 days before trial, and noticed to the opposing party.

All requests for a view of the scene shall be made in writing and filed at least 14 days prior to trial, with notice to the opposing party.

WARNING

Applies to

Trusteeship fee entry

Trusteeship legal-service fees may be added or increased only through an entry endorsed by counsel and the debtor.

Fees for legal services rendered to the debtor by counsel of record in the trusteeship may be added or increased only by entry endorsed by counsel and the debtor.

WARNING

Applies to

Praecipe

A request for a copy of all or part of the digital audio recording may be made by filing a written Praecipe with the Clerk.

A copy of the digitally recorded audio proceedings, or a portion thereof, may be requested by written Praecipe filed with the Clerk.