Madison County Municipal Court, Ohio Document Filing Requirements

Applies to

Pleading

Must include

caption

A complaint caption must state each party’s name and known address; a pleading adding or naming new parties must state the new parties’ names and known addresses.

The caption of the complaint shall state the name and address, if known, of each party. The caption on any other pleading adding or naming new parties shall state names and addresses, if known, of the new parties.

Applies to

Objection to finding of fact

An objection to a finding of fact must be supported by a relevant transcript, or by an affidavit of the evidence if a transcript is unavailable.

(D) Any objection to findings of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.

Applies to

Attorney filed document

Documents filed by an attorney must include the attorney’s name, address, telephone number, fax number, and Ohio Supreme Court registration number.

Documents filed by an attorney shall include the name of the attorney, his/her address, telephone number, fax number and his/her Ohio Supreme Court registration number.

Applies to

Electronic ticket

When an electronically produced ticket is issued at the scene, the officer must provide the defendant a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

Applies to

Original complaint

The original complaint and attached documents must be filed with all required filing fees, cost deposits, and other costs and fees paid.

The original complaint, along with attached documents, must be filed with the court along with the payment of all filing fees, cost deposits and any other costs and fees required.

Applies to

Pleading or motion

Must include

case number

Other pleadings and motions must state the case number and the names of the first plaintiff and first defendant.

All other pleadings and motions shall state the case number and the name of the first party plaintiff and the first party defendant.

Applies to

Trial evidence

Documents and witnesses a party wants considered must be produced at trial and cannot be produced afterward.

(B) Any documents and witnesses that a party desires to be considered must be produced at the time of trial and cannot be produced afterwards.

Applies to

Motion

Must include

certificate of service

Each motion must include a certificate of service showing service on the opposing party or, if represented, that party’s counsel.

(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.

Applies to

Jury instructions

In jury cases, parties seeking specific instructions must file proposed jury instructions with the clerk and serve them on opposing counsel at least seven days before trial.

(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to the trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

Applies to

Objection

Must include

certificate of service

Objections must specifically state their grounds and include the filing party’s signed statement that copies were served on all other parties.

(C) Objections shall be specific and state with particularity the grounds for the objections. They shall further contain a statement signed by the filing party that copies have been served on all other parties.

Applies to

Indigency motion and affidavit

A party claiming indigency must file a written motion and affidavit stating their income and expenses.

Upon a claim of indigency, a party shall file a written motion and affidavit setting forth his/her income and expenses, and the Court shall rule upon the same.

Applies to

Trial brief

A trial brief must state the issues, authorities counsel intends to rely on, intended witnesses, and all exhibits the party intends to introduce.

(B) The brief shall state the issues involved, authorities upon whom counsel intends to rely at trial, a list of witnesses the party intends to call and a list of all exhibits the party intends to introduce at trial.

Applies to

Motion

Every filed motion must be accompanied by an entry.

Any and all motions filed are to be accompanied with an entry.

Applies to

Motor vehicle collision trial evidence

In a motor vehicle collision case, the party seeking damages must submit the vehicle’s certificate of title at trial; vehicle registration will not be accepted as evidence.

(D) In cases involving a motor vehicle collision, the party seeking damages must submit at trial a certificate of title demonstrating his/her ownership of the subject vehicle. Vehicle registration will not be accepted as evidence.

Applies to

Fax cover page

Must include

case number

A fax filer must provide a cover page stating the court, case title and number, judge, document title, transmission date, transmitting fax number, page count including the cover page, and whether a judge or case number has not been assigned, if applicable.

The person filing a document by fax shall also provide a cover page containing the following information: (1) The name of the court; (2) The title of the case; (3) The case number; (4) The Judge; (5) The title of the document being filed; (6) The date of transmission; (7) The transmitting fax number; (8) An indication of the number of pages included in the transmission, including the cover page; (9) An indication that a judge or case number has not been assigned, if applicable;

Applies to

Fax filing

A fax filing is accepted as the original; the sender must retain the source document and original fax cover sheet, produce the source document with original signatures on Court request, and keep the source document until the case is closed and appeal opportunities are exhausted.

A document filed by fax shall be accepted as the original filing. The sender shall not be required to file the source document with the clerk but must maintain the same in the sender’s records, and have the same available for production on request of the court with original signatures as otherwise required under these or other applicable rules, together with the original copy of the facsimile cover sheet used for the subject filing. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.

Applies to

Motion

Each motion must be supported by a brief citing applicable case and statutory law.

(C) Motions shall be supported by a brief citing applicable case and statutory law.

Applies to

Pleading motion or other filed document

Every filed pleading, motion, or other document must identify its title and provide the filer’s name, address, and telephone number.

Every pleading, motion, or other document filed in a case shall be identified by title and shall bear the name, address and telephone number of the individual filing the same.

Applies to

Proposed jury instructions

In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk and serve the same upon opposing counsel.

In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk and serve the same upon opposing counsel.

Applies to

Counterclaim cross claim or third party claim

A counterclaim, cross-claim, or third-party claim exceeding the Small Claims Division’s jurisdiction must include a motion and entry to transfer.

(B) When a counterclaim, cross-claim or third party claim exceeds the jurisdiction of the Small Claims Division, it must be accompanied by a motion and entry to transfer.

Applies to

Default judgment motion

Default-judgment motions and entries must be written and clearly state the complaint filing date, how service was perfected, proof of service, and the answer date.

(A) Motions and entries for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and answer date.

Applies to

Initial appearance letter or notice of appearance

In non-mandatory appearance cases, the initial appearance may be satisfied by timely filing a letter or notice of appearance stating the defendant's plea, speedy-trial-time waiver, and request for a pretrial or trial to the court.

The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant or by the defendant themselves for non-mandatory appearance cases, by filing a letter or notice of appearance with the Court prior to the date of the initial appearance and setting forth all of the following: (1) Plea of the defendant (2) Waiver of the time for speedy trial; and (3) Request for a pretrial/trial to the court.

Applies to

Magistrate decision

When requested or otherwise required by law or court order, the magistrate’s decision must include findings of fact and conclusions of law.

If any party makes a request for finds of facts and conclusions of law, or if finding and conclusions of law are otherwise required by law or by court order, the magistrate’s decision shall include finds of fact and conclusions of law in accordance with Civil Rule 53(E)(3).

Applies to

Fax filing

By transmitting a document by fax, the sender represents that they possess the signed source document.

The person transmitting the document represents that the signed source document is in his/her possession.