Lima Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Discovery materials

At the criminal pre-trial conference, relevant incident and defendant-record materials must be made available to the defendant or defense attorney.

All relevant police reports, medical examination reports, witness statement and any records concerning the alleged incident in question and the prior record of the defendant shall be made available to the defendant and/or defendant's attorney at this time; any discovery outstanding shall notify the court.

CRITICAL

Applies to

Jury venire

The jury venire must record each juror’s name and the time and manner of service and be returned to the Clerk forthwith.

The Bailiff shall endorse the names of the jurors and the time and manner of the service on the jury venire which must be returned to the Clerk of Lima Municipal Court forthwith.

CRITICAL

Applies to

Motion

Motions not made in open court must be submitted in writing, allege sufficient supporting facts, and include a memorandum of law.

All motions not made in open Court, shall be submitted in writing alleging sufficient facts in support of the ruling sought and supported by a memorandum of law.

CRITICAL

Applies to

Assessment

Before referral for placement in the Lima Municipal Treatment Court, a licensed, credentialed professional must assess the applicant’s condition and amenability to treatment, and the assessment must be presented to the assigned Judge.

(b) Before being considered for placement in the Lima Municipal Treatment Court, the applicant’s substance abuse/mental health condition and the applicant’s amenability to treatment must be assessed by a licensed, credentialed professional The assessment shall be presented to the Judge assigned to the traffic or criminal case before a referral is made to the Lima Municipal Treatment Court.

CRITICAL

Applies to

Reports and videos

Law-enforcement complaining witnesses are excused from criminal pre-trial conferences but must provide available reports and videos to the prosecutor sufficient for a meaningful pre-trial.

Due to the budgetary and labor constraints of all political subdivisions of Allen County and the State of Ohio, complaining witnesses who are law enforcement officers, are excused from attending pre-trial conferences. However, they must submit reports and videos, if available, to the prosecutor sufficient to conduct a meaningful pre- trial in compliance with all other criteria set forth in this rule.

CRITICAL

Applies to

Small claims transfer motion

A motion to transfer must state an affirmative defense under Ohio Civil Rule 8(C) and include a supporting affidavit, or it may be denied.

Such motions shall set forth an affirmative defense as listed in Ohio Civil Rule 8(C) and shall contain an affidavit stating facts consistent with the affirmative defense alleged. Failure to timely file such motion or to attach such affidavit of facts shall be grounds alone for denial of the motion.

CRITICAL

Applies to

Compensation request

Compensation requests must use accurately completed prescribed Ohio Public Defender forms and be submitted within 30 days after the earlier of counsel’s withdrawal or case termination.

All requests for compensation for payment shall be made by accurately completing the prescribed Ohio Public Defender forms and submitting them to the Court within 30 days after withdrawal by counsel or termination of the case, whichever is sooner.

CRITICAL

Applies to

Fax filing

A party filing a signed document by fax represents that they possess or control the physically signed original.

A party who filed a signed document by fax represents that the physically signed original document is in their possession or control.

CRITICAL

Applies to

Discovery motion

A motion to compel discovery compliance must include as exhibits the discovery demand or the disputed portions of the documents when relief is sought for failure to respond.

If relief is sought for a failure to respond to discovery, copies of the demand for discovery or portions of the documents that are in dispute shall be filed with the Court as exhibits to any motion to compel compliance with discovery.

CRITICAL

Applies to

Motion

Must include

case number, proposed order

A moving party must submit a proposed journal entry with the motion, docket the motion before submitting the entry to the judge, and include the case number by reference in the entry.

i. A moving party, at the time of filing a motion, shall submit with that motion a proposed journal entry granting the motion and setting forth the requested relief. ii. The motion shall be docketed prior to submitting the proposed journal entry to the Judge, and the proposed journal entry shall contain, by reference, the case number of the case.

CRITICAL

Applies to

Journal entry

Each continuance motion must be accompanied by a journal entry noting whether opposing counsel consented and establishing a definite new date and time with the assignment commissioner; otherwise, the matter will be continued at the court’s earliest convenience.

Journal entries must accompany all such motions and a definite date and time to which the action is continued must be established with the assignment commissioner, or the matter will be continued at the court’s earliest convenience. Consent of opposing counsel shall be noted on the journal entry or it shall be noted consent was not given.

CRITICAL

Applies to

Designation of counsel

Representing attorneys must file a designation of counsel with the Clerk, except for the stated initial appearances, and identify lead counsel and any co-counsel.

All attorneys representing clients in the Lima Municipal Court shall file a designation of counsel with the Clerk of Court, except when the attorney's initial appearance in the case is at the arraignment in a criminal case or by the filing of the complaint or an answer in a civil case. Attorneys shall designate lead counsel and co-counsel, if applicable.

CRITICAL

Applies to

Electronically filed document

Electronically filed documents must be signed by an Ohio-authorized attorney or an unrepresented party, and the signature is treated as that of the person it purports to be.

All electronically filed documents must be signed by an attorney authorized to practice in the State of Ohio or by a party not represented by an attorney. ii. Any signature on an electronically transmitted document shall be considered that of the attorney or party it purports to be for all practical purposes.

CRITICAL

Applies to

Jury waiver

A written jury waiver must be executed at the pre-trial conference.

A written jury waiver shall be executed at this time.

CRITICAL

Applies to

Fax filing

If an exhibit cannot be accurately transmitted by fax, the filer must substitute 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

Filing

The Clerk will not accept an attorney's filing unless the attorney is counsel of record, or a represented party's pro se filing unless a notice of withdrawal has first been obtained.

The Clerk of Lima Municipal Court shall not accept any documents for filing from any attorney not designated as counsel of record in the case. The Clerk shall not accept any pro se filing from a represented party without first obtaining a notice of withdrawal from the attorney of record.

CRITICAL

Applies to

Agreed judgment entry or notice of dismissal

If the parties settle, an agreed judgment entry or notice of dismissal must be filed with the Clerk within 30 days after the pre-trial conference.

If the parties reach a settlement agreement, the assigned Magistrate shall note such fact on the scheduling order and direct that an agreed judgment entry or notice of dismissal be filed with the Clerk of Court within thirty (30) days following the pre-trial conference.

CRITICAL

Applies to

Jury demand

Traffic and criminal jury demands must be submitted in writing within the time limits set by Criminal Rule 23.

Traffic and Criminal jury demands must be submitted in writing within the time limits set by Criminal Rule 23.

CRITICAL

Applies to

Praecipe for writ of execution

A praecipe for a writ of execution must describe the property to be seized and include its model and serial numbers when known or reasonably attainable.

Praecipe for all writs directed to the Bailiff for execution shall specifically describe the property to be seized. Such description shall include models and serial numbers, if known or reasonably attainable by the judgment creditor.

CRITICAL

Applies to

Transcription request

A request to transcribe testimony from a Court proceeding must be in writing and specifically identify the testimony to be transcribed.

All requests for transcription of testimony from the recording made of any Court proceeding shall be in writing stating specifically the testimony to be transcribed.

CRITICAL

Applies to

Jury waiver

A criminal jury demand may be waived only in writing by the defendant and with confirmation in open court.

When a jury trial has been demanded in a criminal case, said demand may only be waived in writing by the defendant and confirmed in open court.

CRITICAL

Applies to

Livestreaming objection

An objection to livestreaming must state specific reasons why all or part of the proceeding should not be livestreamed.

The objection shall state specific reasons why the proceeding, or portion thereof, should not be livestreamed.

CRITICAL

Applies to

Jury waiver

A civil jury demand may be waived only in writing by all parties or their respective legal counsel.

When a jury trial has been demanded in a civil case, said demand may only be waived in writing by all parties or their respective legal counsel.

CRITICAL

Applies to

All filings

All court filings must reflect counsel’s current contact information, including office address, email, and telephone numbers.

All filings with this Court must have counsel’s current contact information, including but not limited to office address, email, and phone numbers, reflected on all documents.

CRITICAL

Applies to

Plea negotiation form

If a resolved criminal case's guilty or no-contest plea will not be entered that day, the plea negotiation form must be completed, signed by all parties, and filed with the Court.

If the pre-trial conference has resulted in a resolution of the case whereby the defendant will enter a plea of guilty or no contest to the original or an amended charge, but said plea is not to be entered that day, a "plea negotiation" form must be fully completed, signed by all parties, and filed with the Court.

CRITICAL

Applies to

Time waiver

A defendant who waives time under this pretrial-calendar provision must do so in writing.

Those cases not terminated shall be assigned for trial within the time prescribed by O.R.C. 2945.71, unless the defendant in writing waives time and the case is directed to be set for a change of plea or another pre-trial.

CRITICAL

Applies to

Trial brief

A civil trial brief must include the listed factual, legal, witness, exhibit, and, for jury trials, jury-instruction materials.

1. A summary of the factual issues to be decided; 2. The applicable law of the case complete with citations of statutes and cases; 3. A list of all lay witnesses to be called; 4. A list of all expert witnesses to be called along with each person's qualifications as an expert witness and a brief summary of their testimony; 5. A list of all exhibits to be offered as proof; 6. In cases to be tried to a jury a complete set of instructions to be given to the jury.

CRITICAL

Applies to

Fax filing

A party filing a signed original document by fax must fax either a copy of the signed original or an unsigned copy marked “/s/” followed by the signer’s name where the signature appears.

A party who wishes to file a signed original document by fax shall either: a. fax a copy of the signed original 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 original document.

CRITICAL

Applies to

Exhibit filing

An exhibit filed separately must have a signed cover sheet identifying the Court, case title, case number, Judge, and exhibit title, and must be served under the rules for pleadings.

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., Plaintiff Smith’s Notice of Filing Exhibit “G” with Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. [See appendix for sample exhibit cover sheet.]

CRITICAL

A withdrawal motion filed less than seven days before a bench trial or after a jury demand generally will not be granted unless a substitution notice is filed simultaneously or good cause is shown.

A motion for withdrawal shall not be granted if it is filed less than seven (7) days before a bench trial or at any time after a jury demand has been filed unless a notice of substitution of counsel is filed simultaneously or for good cause shown.

CRITICAL

Applies to

Time waiver

A defendant requesting a pretrial under this trial-calendar provision must sign a time waiver.

unless the defendant requests a pretrial and signs a time waiver.

WARNING

Applies to

Livestreaming request

A person who is not a party or witness may request livestreaming in writing for a case-specific proceeding or the daily docket.

Any person who is not a party or witness may request in writing livestreaming of a case specific proceeding or the court’s daily docket (“bulk requests”).

WARNING

Applies to

Legal intern certification

A properly certified legal intern must file a copy of the certification with the Court to appear.

Legal interns, properly certified by the Supreme Court of Ohio and who have filed a copy of their certification with the Court, may appear before the Court in accordance with the rules of the Supreme Court of Ohio.

WARNING

Applies to

Pro se filing

A pro se filing should include current contact information, including address, email, and telephone numbers.

Any pro se filing with the court should include current contact information, including but not limited to address, email and phone numbers.

WARNING

Applies to

Appointed counsel application

Attorneys seeking inclusion on the appointed counsel list must complete the Application for Appointed Counsel Program and submit it to the Court Administrator.

Attorneys who desire to be on the appointed counsel list shall complete the Application for Appointed Counsel Program attached to this rule and otherwise available online at www.limamunicipalcourt.org or the Clerk of Court’s Office. The form shall be submitted to the Court Administrator.