Lyndhurst Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Traffic camera ticket notice

In a traffic-camera case, the Plaintiff must provide the Defendant the Court-prescribed rights form when mailing notice of the ticket.

The Plaintiff shall provide each Defendant with a form, prescribed by the Court and which sets forth the rights of the Defendant, at the time notice of the ticket is mailed to the Defendant by the Plaintiff as required in the ORC.

CRITICAL

Applies to

Order in aid of execution

An order in aid of execution must set the parties’ attendance date at least 10 days after the order date.

The order in aid of execution shall provide for the attendance of the parties named therein on a date not less than ten (10) days from the date of such order.

CRITICAL

Applies to

Fax filing

A fax filer must replace each exhibit that cannot be accurately transmitted with an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile produced document that cannot be accurately transmitted must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Objections to magistrate recommendation

Objections must specifically explain why a new hearing is requested or why the recommendation should be overruled.

The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled.

CRITICAL

Applies to

Default judgment motion

Default submissions require proof of no later account payments or credits for account cases and proof of damages otherwise; uncertified documents alone are insufficient, damages affidavits must be based on personal knowledge and not sworn by moving counsel, and a damages-and-credits listing is encouraged when there are multiple damages.

For cases based upon an account, the plaintiff is required to show that there have been no subsequent payments or credits on the account. For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Court by testimony or affidavit. Uncertified documents, not accompanied by an affidavit or testimony, may not be considered as proof of damages. The affidavit must be executed by a person with personal knowledge of the contents of the affidavit. An attorney for the moving party may not be the affiant for an affidavit for proof of damages. If there are multiple damages, a listing of all damages and credits, if any, should be filed with the Court to expedite the default proceeding, either as part of the motion for default, as an exhibit or by separate document.

CRITICAL

Applies to

Opposition brief

Civil opposition briefs must contain citations and legal arguments.

Briefs in opposition shall contain citations and legal arguments.

CRITICAL

Applies to

Criminal motion

Criminal motions must be written, accompanied by a memorandum containing citations and counsel’s argument, and filed under the Ohio Rules of Criminal Procedure.

All motions shall be made in writing and accompanied by a written memorandum containing citations and argument by counsel. All motions must be filed in accordance with the Ohio Rules of Criminal Procedure.

CRITICAL

Applies to

Jury trial waiver

A waiver of a criminal jury-trial demand must be in writing.

In the event the demand for a jury trial is waived, such waiver must be in writing.

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an Ohio-admitted attorney or by a party not represented by such an attorney.

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

CRITICAL

Applies to

Missing fax exhibit

A separately filed missing exhibit must have the Rule 7.4 cover sheet and must be signed and served under the rules governing pleadings.

Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection 7.4 of this rule, and shall be signed and served in conformance with the rules governing the signing of service of pleadings in the Court.

CRITICAL

Applies to

Court filing

A pro se litigant must identify that status on every filing and include their full name, signature, address, telephone number, and email address.

Pro se litigants shall designate this capacity on all documents filed in this Court and shall include their full name, signature, address, telephone number and e-mail address.

CRITICAL

Applies to

Motion or brief

A motion or brief citing a statute or regulation other than the Ohio Revised Code or an Ohio court rule must attach a copy, as must a motion or brief citing an unreported case.

All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rule of Court shall attach a copy of the statute or regulation. Copies of unreported cases cited or referred to in a motion or brief shall also be attached.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

If no answer is filed, a case becomes eligible for default judgment 45 days after the complaint is filed; prevailing counsel must submit a written motion and proposed journal entry.

A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed. Prevailing counsel shall submit a written motion for default judgment and the Court may set the matter for hearing or prepare a journal entry. Counsel for the moving party shall submit a proposed journal entry.

CRITICAL

Applies to

Pleading or motion

A complaint’s caption must include each party’s name and, if known, address; later pleadings and motions must state the case number and the first plaintiff’s and defendant’s names.

The caption in every complaint shall state the name and address, if known, of each party. Subsequent pleadings and motions shall state the case number, the name of the first party plaintiff and the first party defendant.

CRITICAL

Applies to

Fax filing

A fax filer must transmit either the signed source document or a copy bearing the specified “/s/” notation, and represents that the physically signed source is in the filer’s possession or control.

A party filing a signed source document by fax shall either fax a copy of the signed source document, or the document without the signature but with the notation “/s/” followed by the name of the signing person signature appears on the signed source document. The individual filing a signed document by fax represents that a physically signed source document is in such party’s possession or control.

CRITICAL

Applies to

Fax filing

A fax filer must include a cover page with the information specified by the rule.

The person filing a document by fax shall also provide a cover page containing the following information:

CRITICAL

Applies to

Pleading motion brief or other filing

Every filing must have a title and identify the filing attorney and specified contact and registration details, or the filing party’s specified contact details if unrepresented.

Every pleading, motion, brief or other filing shall be identified by title and include the name of the individual attorney, firm, if any, attorney registration number, office address, telephone number and email address of the attorney filing or if there is no attorney representing the party then the party shall include the name, address, phone number and email address of the party filing the same.

CRITICAL

Applies to

Motion

All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.

All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.

CRITICAL

Applies to

Motion

A movant must serve and file a brief statement of supporting reasons and authorities, and must also serve and file supporting evidence when the motion depends on facts outside the record.

The moving party shall serve and file with a brief written statement of the reasons in support and a list of citations of the authorities on which the movant relies. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.

CRITICAL

Applies to

Motion

Civil motions must be in writing and accompanied by a memorandum containing citations, legal arguments, and affidavits.

All motions must be in writing and be accompanied by a memorandum containing citations, legal arguments and affidavits.

CRITICAL

Applies to

Statutory demand affidavit

A copy of the statutory demand and affidavit proof of service must be filed with the affidavit.

A copy of the statutory demand made on defendant together with proof by affidavit of service of the statutory demand shall be filed with the affidavit.

CRITICAL

Applies to

Marriage ceremony

Both parties must bring photo identification and their marriage license to the ceremony.

Both parties shall bring a photo ID along with their marriage license to the ceremony.

CRITICAL

Applies to

Civil jury trial brief

In civil jury cases, counsel must furnish the Court a brief of the issues and law for the jury charge at least seven days before trial and exchange proposed trial briefs and jury instructions with opposing counsel when filing.

In all civil jury cases, counsel for all parties shall at least seven (7) days prior to the date of trial, furnish to the Court a brief of the issues and the law they expect the Court to present to and charge the jury. All proposed trials briefs and jury instructions are required to be exchanged with opposing counsel at the time of filing.

CRITICAL

Applies to

Trial brief

When ordered, each party’s trial brief must be delivered to the Court and other counsel at least two business days before trial, address the ordered issues, include supporting authorities, and have proof of service; delivery may be by ordinary mail or email.

Where a trial brief is required by Court order, counsel for each party shall deliver a copy to the Court and all other counsel at least two (2) business days prior to commencement of trial. The briefs shall relate to the issues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial. Delivery may be made by ordinary mail or electronic mail with a proof of service appended to each brief.

CRITICAL

Applies to

Forcible entry and detainer complaint

A forcible-entry-and-detainer complaint must include current proof of ownership of the property.

The complaint shall be accompanied by evidence of current proof of ownership of the property.

WARNING

Applies to

Journal entry

If opposing counsel does not approve the journal entry within the stated period, it must be submitted to the Court for any necessary corrections and entry.

If opposing counsel fails to approve the entry within the time period, the entry shall be submitted to the Court, which shall make any necessary corrections and order its entry.

WARNING

Applies to

Electronically filed document

An e-filed document is accepted as the original if the rule is followed; the filer must retain the source document, produce it on request, and keep it through case closure and exhaustion of appeals.

A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.

WARNING

Applies to

Fax filing

A fax filer need not file the original but must preserve it, make it available to the Court on request with original signatures and the original fax cover sheet, and retain it through case closure and exhaustion of appeal opportunities.

The sender shall not be required to file the original document but must maintain the same for the sender’s records. Such copy must be available for production upon request of the Court with original signatures and with the original copy of the facsimile cover sheet. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.