Lorain Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Proposed journal entry

Must include

case number

The motion must be docketed before the proposed journal entry is submitted to the judge, and the entry must reference the case number.

b. 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

Every final order must be evidenced by a journal entry signed by the judge.

(A) Ev ery f inal order made by a judge shall be ev idenced by a journal entry, which journal entry shall be signed by the Judge.

CRITICAL

Applies to

Motion

A motion or exception to be heard on evidence must say so and include the requisite affidavits.

(C) Any motion or exception to be heard upon ev idence shall so state and shall be accompanied by requisite af f idav its.

CRITICAL

Applies to

Journal entry

When ordered by the court, counsel must prepare a proper journal entry and submit it to opposing counsel, unless the court extends the time.

(A) When ordered or directed by he court, counsel f or the party in whose f av or an entry, order, judgment or decree is entered in civ il cause shall, within ten (10) day s thereaf ter unless the time be extended by the court, prepare a proper journal entry and submit same to counsel f or the opposite party who shall approv e or reject the same within three (3) day s af ter its receipt by him and may, in case of rejection, f ile objections thereto in writing with the court.

CRITICAL

Applies to

Journal entry

At the judge’s request, counsel for the party in whose favor or on whose request an order is rendered must prepare and submit the journal entry to opposing counsel within three days, unless the judge extends the time.

Counsel f or the party in whose f av or, or on whose request, any order, judgment or decree is rendered, shall at request of the Judge, within three (3) day s thereaf ter, unless the time be extended by the Judge, prepare the Journal Entry and submit it to counsel f or the opposite party or parties, if any,

CRITICAL

Applies to

Pleading

File enough additional copies of each pleading with the Clerk's Office to cover all necessary parties.

(F) Suf f icient additional copies of all pleadings must be f iled with the Clerk's Of f ice to secure adequate cov erage of all necessary parties.

CRITICAL

Applies to

Trusteeship appointment order

A trusteeship order must appoint the Clerk of Court as Trustee and be approved by the Judge.

An order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approv ed by the Judge.

CRITICAL

Applies to

Request

Requests must be in writing 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

Interrogatory objection

An objection to an interrogatory must reproduce the full interrogatory immediately before the discussion and citation of authority.

(E) Objections o interrogatories. Objection to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in f ull to which objection is made.

CRITICAL

Applies to

Motion

Counsel filing a motion or exception must file with it a memorandum briefly stating the points relied on and supporting authorities.

(A) Counsel f iling any motion or exception shall f ile therewith a memorandum containing a short, concise statement of the points relied upon and the authorities supporting such contentions

CRITICAL

Applies to

Stipulation of dismissal or other proper entry

After immediately notifying the court of a settlement in a case set for trial, trial counsel must file a stipulation of dismissal or other proper entry.

(E) Settlements Prior to Trial: If a case set f or trial is settled, the trial counsel shall immediately notif y the court and thereaf ter, as prov ided by these rules, f ile a stipulation of dismissal or other proper entry.

CRITICAL

Applies to

Opposition

Each party opposing the motion may serv e and f ile within f ourteen (14) day s af ter f iling of the motion, a brief written statement of reasons in opposition to the motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of f acts not appearing of record, he shall also serv e and f ile copies of all af f idav its, depositions, photographs or documentary ev idence he desires to present in opposition of the motion.

Each party opposing the motion may serv e and f ile within f ourteen (14) day s af ter f iling of the motion, a brief written statement of reasons in opposition to the motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of f acts not appearing of record, he shall also serv e and f ile copies of all af f idav its, depositions, photographs or documentary ev idence he desires to present in opposition of the motion.

CRITICAL

Applies to

Motion

(N) All motions shall be accompanied by a brief or memorandum of authorities in support of said motion. In def ault thereof , such motions may be stricken f rom the f iles.

(N) All motions shall be accompanied by a brief or memorandum of authorities in support of said motion. In def ault thereof , such motions may be stricken f rom the f iles.

CRITICAL

Applies to

Account

In an action on an account, the account must identify the charged party and show a beginning balance, listed and identifiable charges or credits, and a summary that permits calculation of the amount due.

(K) In the action on an account, the account must show the name of the party charged and contain the f ollowing: 1. A beginning balance (zero, or a sum that can qualif y as an account stated, or some other prov able sum). 2. Listed items (or an item, dated and identif iable by number or otherwise, representing charges, of debits and credits). 3. Summarization by means of a running or dev eloping balance, or an arrangement of beginning balance and items which permits the calculation of the amount claimed to be due.

CRITICAL

Applies to

Proposed findings conclusions

Proposed findings must be submitted to the court with any written objections and counterproposals within ten days after opposing counsel receives them.

Within ten (10) day s af ter its receipt by opposing counsel, the proposed f indings shall be submitted to the Court with objections and counter proposals, if any, in writing; howev er, only those f indings of f act and conclusions of law made by the Court shall f orm part of the record.

CRITICAL

Applies to

Motion

The moving party must serve and file a written statement of reasons and supporting authorities with the motion, and must also serve and file copies of any desired evidence concerning facts not appearing of record.

(B) The mov ing party shall serv e and f ile with his motion a brief written statement of reasons in support of the motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of f acts not appearing of record, he shall also serv e and f ile copies of all af f idav its, depositions, photographs or documentary ev idence he desires to present in support of the motion.

CRITICAL

Applies to

Complaint

If an assignment is part of the case and is expected to be offered in evidence, attach a true copy of the entire assignment in unconditional form to the complaint.

(I) Where an assignment is part of a case and is expected to be of f ered in ev idence, a true copy of the entire assignment in unconditional f orm shall be attached to the complaint.

CRITICAL

Applies to

Notice of appointment

The applicant must furnish each creditor a notice of appointment showing that creditor's amount owed and the total indebtedness, with an addressed, stamped envelope.

The applicant shall f urnish a notice of appointment f or each creditor showing the amount owed said creditor and the amount of the total indebtedness, together with addressed, stamped env elope.

CRITICAL

Applies to

Withdrawal entry

Must include

certificate of service

Counsel remains responsible for hearings unless a withdrawal entry is timely filed and approved; the entry must state assigned hearing information and indicate service on the client and opposing counsel.

An Attorney, hav ing entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to notices or calls thereof , unless a court entry of withdrawal is timely f iled and approv ed by the Judge of the Court. If the subject case and time has been assigned f or hearings, that f act and the hearing date shall be set f orth in the entry. Proof of serv ice on the client and opposing counsel shall be indicated on such entry when submitted to the court.

CRITICAL

Applies to

E filing registration

Before e-filing, a party must complete one of the registration forms and email it to the address listed on that form.

Before you can e-file you must register by filling out one of the forms below and emailing it to the email address on the form.

CRITICAL

Applies to

Electronically produced ticket

An electronically produced ticket must conform in all substantive respects to the Ohio Uniform Traffic Ticket form.

The electronically produced ticket shall conform in all substantive respects to the "Ohio Uniform Traffic Ticket" set forth in the Ohio Traffic Rules' Appendix of Forms.

CRITICAL

Pleadings and briefs that refer to statutes or regulations must attach a copy of each cited statute or regulation.

(F) All pleadings and brief s containing ref erences to statutes or regulations shall hav e attached thereto a copy of the statute or regulation.

CRITICAL

Applies to

Electronic pleading

Electronically filed pleadings must be signed by an Ohio-admitted attorney or an unrepresented party.

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or, by a party not represented by an attorney.

CRITICAL

Applies to

Jury trial demand

A jury trial must be demanded in writing pursuant to the applicable statutes and procedural rules.

All cases shall be tried by the court unless a jury trial has been demanded in writing pursuant to the appropriate statutes and Rules of Civ il and Criminal Procedure.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include a complete sworn statement of the specified creditor, earnings, household, and demand information.

An application by a debtor f or a trusteeship under Section 2329.70 of the Ohio Rev ised Code (http://orc.av v.com/title-23/home.htm)must contain a f ull and complete statement, under oath, setting f orth: 1. The names of the secured and unsecured creditors with the liquidated claims, their complete address, account numbers and amount due and owing to each. If account is being administered by someone other than the creditor list their name and complete address. 2. The disposable amount of money earned in a thirty (30) day period by the applicant, as set f orth in Section 2329.62 of the Ohio Rev ised Code (http://orc.av v.com/title-23/home.htm), the usual day or day s applicant receiv es his pay, his place of residence, the number of dependents, their ages and relation to the applicant. 3. The name of the person who made a demand upon him or her in accordance with Section 1911.40 of the Ohio Rev ised Code (http://orc.av v.com/title-23/home.htm) and date of such demand.

CRITICAL

Applies to

Motion

A motion to advance a case out of numerical order must include an affidavit showing meritorious grounds for the advancement.

(O) Motions to adv ance cases out of numerical order must be accompanied by af f idav it showing meritorious grounds f or such adv ancement.

CRITICAL

Applies to

Proposed findings conclusions

When a request f or f inding of f act and conclusion of law is made, the judge shall direct the party making the written request to prepare, within f iv e (5) day s, proposed f inding of f act and conclusion of law and submit them to opposing counsel.

When a request f or f inding of f act and conclusion of law is made, the judge shall direct the party making the written request to prepare, within f iv e (5) day s, proposed f inding of f act and conclusion of law and submit them to opposing counsel.

CRITICAL

Applies to

Electronically produced ticket

Every filed electronically produced ticket must use forms substantially similar to Form 29.01-A and Form 29.01-B.

In every case in w hich an electronically produced ticket is used and filed, the ticket shall use forms that are substantially similar to Form 29.01-A (Court Record) and Form 29.01-B (Abstract).

CRITICAL

Applies to

Document containing multiple signatures

Before filing a document with multiple signatures, the filer must confirm that all required signatories accept its content and indicate their agreement in the document.

d. For documents containing multiple signatures, such as stipulations or documents requiring two or more signatures, the following procedure applies: (1) The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document. (2) The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.

CRITICAL

Applies to

Pleading

Attorneys must legibly sign or print their name beneath their signature on pleadings, entries, and motions, and include trial counsel's address, telephone number, and Supreme Court Number on the first pleading.

(H) Attorney s must subscribe legibly all pleadings, entries and motions or in the alternativ e print the spelling of their name beneath the signature. The address, telephone number, and Supreme Court Number of the respectiv e trial counsel shall be placed on the pleading of the f irst instance.

CRITICAL

Applies to

Journal entry

Upon written notification of a pending bankruptcy and its case number, the prescribed journal entry must be made to reflect the automatic stay.

Upon written notif ication to the Court of any pending bankruptcy proceeding and the bankruptcy case number ef f ecting any litigant in this Court, there shall be a journal entry as f ollows: "Def endant hav ing f iled a Petition in the U. S. Bankruptcy Court, The Bankruptcy Act establishes an automatic stay of proceedings against the debtor, in 11 U.S.C. 362(a). It is hereby ordered that the commencement or continuation of any action to obtain or enf orce any judgment against the Def endant/Debtor or his property is hereby stay ed until the bankruptcy case is closed, dismissed, or a discharge granted or denied, or until; Def endant/Debtor's property is no longer property of the bankruptcy estate or until the Bankruptcy Court grants relief f rom its stay. Clerk to send copy to counsel of record.

WARNING

Applies to

User agreement form

A properly executed and signed User Agreement Form must be received before the Clerk sets up an electronic filer account and assigns credentials.

Upon receipt of a properly executed and signed User Agreement Form, the Clerk of Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing document.

WARNING

Applies to

Attorney e filing registration form

Non-attorneys must not fill out the Attorney Registration form.

Do not fill out the Attorney Registration form if you are not an attorney.

WARNING

Applies to

Proof of disposable earnings

The trustee may require proof of disposable earnings and exemption eligibility, by affidavit or otherwise, at times the trustee deems necessary.

The trustee is hereby authorized to require proof of disposable earnings and eligibility f or exemption of pay ment by af f idav it or otherwise and at such times as he shall deem necessary.

WARNING

Applies to

Electronically transmitted document

A signature on an electronically transmitted document is treated as the signature of the attorney or party it purports to represent.

Any signature on an electronically transmitted document shall be considered that of the attorney or party it purports to be for all practical purposes.

INFO

Applies to

Proposed journal entry

A moving party may submit a proposed journal entry granting the motion and stating the requested relief when filing the motion.

a. A moving party, at the time of filing a motion, may submit with that motion a proposed journal entry granting the motion and setting forth the requested relief.