Mahoning County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
All filings
- Upon Filing
Deposition Transcript
- Before Hearing
Adjournments
- A status hearing may be continued only for good cause.
- After the court’s discovery completion date, discovery may continue only if the court finds good cause and warrants an extension upon written motion that explains why discovery could not be completed by the assigned date.
- The court will approve one timely request for an extension of time to move or plead to a pleading seeking affirmative relief without a motion or opposing-party consent.
- +5 more
Request must include
Document Format Requirements2 rules
Condensed deposition transcripts are prohibited unless the Court approves them.
(B) Condensed transcripts in any form will not be permitted, unless approved by the Court.
An attorney whose filing signature is illegible must type, print, or stamp the attorney’s name beneath the signature.
Where an attorney’s signature on a pleading or other documents filed with this Court is illegible, that attorney shall see to it that his or her name is typewritten, printed or stamped under the signature.
Document Filing Requirements10 rules
The pretrial statement must include claims and defenses, admitted facts, contested fact and legal issues, witness and expert summaries, exhibits, damages, trial-time estimates, settlement status, special jury instructions, and any required Probate Court review.
The pretrial statement shall contain: (1) A concise statement of the general claims and defenses of the parties; (2) The facts established by admissions in the pleadings, admissions by discovery and stipulations of counsel; (3) The contested issues of fact; 5 ===== PAGE 8 ===== (4) The contested issues of law, together with counsel’s citations of authority for counsel’s position; (5) The names of all witnesses, together with a brief summary of each witness’ expected testimony; (6) The names of the expert witnesses expected to testify at trial, together with a brief summary of each expert witness’ expected testimony; (7) A list of exhibits counsel intends to offer into evidence; (8) A list of all special damages being requested; (9) Counsel’s expectation of trial time needed to present each side of the case; (10) The status of settlement negotiations including specific demands or offers; (11) Requested special jury instructions, other than boilerplate. (12) Whether any potential settlement or judgment upon a verdict may require Probate Court review or approval.
Document Type
Pretrial Statement
The attorney or unrepresented party must state the courtroom number on each motion or brief.
The attorney or party, if unrepresented by counsel, shall note on each motion or brief the courtroom number in which the case is pending.
Document Type
Motion Or Brief
Every document filed with the court by an attorney must include the attorney's Supreme Court of Ohio registration number.
In accordance with Ohio Superintendence Rule 6, an attorney shall include the attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court and said number shall be the exclusive means of identifying attorneys who file
Document Type
All Documents
A party acting pro se must indicate that status on every document filed with the Court.
If a party is acting “pro se”, that party shall be required to indicate on all documents filed with the Court, that they are acting “pro se”.
Document Type
All Documents
Counsel must prepare and submit a list of premarked exhibits to the court, opposing counsel, and court reporter.
(B) Counsel shall prepare and submit to the Court, opposing counsel and the court reporter a list of the premarked exhibits.
Document Type
Exhibit List
Counsel must sign each submitted judgment entry as “prepared and approved.”
(B) All judgment entries prepared by counsel and submitted to the Court shall be signed by counsel as “prepared and approved” by such counsel.
Document Type
Judgment Entry
When resolution of a civil case requires Probate Court review and approval, the proposed judgment entry must reflect that requirement.
(C) In any case in which the resolution of the civil cause, whether by order, judgment or decree, must be conditioned upon the review and approval of a Probate Court, the proposed judgment entry shall reflect such fact.
Document Type
Judgment Entry
A motion to withdraw must state the reasons for withdrawal, provide the client's current contact information, and include an attorney certification that notice was given to the client and to all other counsel and unrepresented parties.
An attorney desiring to withdraw from representation of a client shall file a motion to withdraw stating the reasons for the withdrawal. The motion shall include the last current address and phone number of the client and a certification by the attorney that the following conditions have been met: (1) Notice has been given to the client that the attorney has filed a motion to withdraw; (2) Notice has been given to the client advising the client of all orders and all upcoming assignment dates; (3) Notice has been given to all other counsel and unrepresented parties that a motion to withdraw has been filed.
Document Type
Motion To Withdraw
In foreclosure and partition actions, the complaint, order of sale, and confirmation of sale must include the property’s legal description, street address if available, and County Auditor’s tax parcel number.
(C) In foreclosure and partition actions the complaint, order of sale and confirmation of sale shall include a legal description of the property which shall also include the street address, if available, of the subject property and the County Auditor’s tax parcel number.
Document Type
Complaint
When determined necessary, the parties must obtain an original tax-payment verification form and deliver it to the Sheriff's Court Services Civil Division or attach it to the confirmation of sale before the Sheriff releases any deed.
The parties shall obtain an original verification form from the Treasurer’s Office and/or Negotiated Tax Lien Sale Purchaser if so determined, attesting to the payment in full of real property taxes and be delivered to the Sheriff’s Court Services Civil Division and/or attached to the confirmation of sale entry prior to any deed being released by the Sheriff’s Department.
Document Type
Tax Payment Verification Form
Filing & Service rules
Filing Timing and Cure Windows
Counsel must prepare and submit a pretrial statement seven days before trial unless the Court waives it.
Seven days before trial, counsel shall prepare a pre-trial statement which shall be submitted to the Court, unless the pretrial statement is waived by the Court.
Page 7 | RULE FOUR – PRE-TRIALS
An opposition brief is due no later than 14 days after the motion is filed, unless the court grants an extension with leave.
Opposition briefs shall be filed no later than fourteen (14) days from the date of filing a motion unless, with leave of Court, an extension is granted.
Page 10 | Rule Six – Motions; Leaves
An opposition brief may not be filed later than five days before the non-oral hearing date.
In no event shall an opposition brief be filed later than five (5) days prior to the non-oral hearing date.
Page 10 | Rule Six – Motions; Leaves
A plaintiff seeking judicial sale of real estate must file a Preliminary Judicial Report when filing the complaint.
(F) In all actions where the relief sought involves the judicial sale of real estate, the Plaintiff shall file a copy of a Preliminary Judicial Report at the time of filing the complaint.
Page 19 | Rule Thirteen – Foreclosure Actions
A plaintiff seeking judicial sale of real estate must file a Final Judicial Report before entry of the foreclosure decree.
(G) In all actions where the relief sought involves the judicial sale of real estate, the Plaintiff shall file a Final Judicial Report prior to an entry of decree in foreclosure.
Page 19 | Rule Thirteen – Foreclosure Actions
Service and Proof of Service Rules
Within three days after entry of a final appealable judgment or order, the Clerk must serve the required recipients by ordinary mail at their last known addresses and docket proof of service.
Within three (3) days of the entry of any final appealable judgment or order, the Clerk of Courts shall serve a copy of the entry upon every party not represented by counsel, or upon counsel for every party not in default for failure to appear. Such service shall be made by ordinary mail at said counsel or said parties’ last known address. The Clerk shall make a notation in the appearance docket indicating that the required service has been made.
Page 3 | RULE ONE – OFFICIAL NOTICE
Notice is deemed served when the Clerk serves it and enters the required docket notation, regardless of whether the party actually receives it, and nonreceipt does not invalidate the judgment or stop the appeal period.
Once the Clerk has served notice of the entry and entered the appropriate notation in the docket, notice shall be deemed to have been served. The failure of any party to receive such notice shall not affect the validity of the judgment or the running of time for appeal.
Page 3 | RULE ONE – OFFICIAL NOTICE
Before a foreclosure decree issues, the court must hold a hearing after giving all parties or their counsel notice by ordinary mail.
(E) No decree in foreclosure shall issue without hearing, upon notice of such hearing having been first given to all parties or their counsel by ordinary mail.
Page 19 | Rule Thirteen – Foreclosure Actions
The County Treasurer, all parties, and counsel of record must receive the sheriff sale advertisement no later than two weeks before the scheduled sale, regardless of whether they have appeared.
(D) In all such cases, the County Treasurer and all parties to the action or their counsel of record, whether they have appeared in the action or not, shall be served with a copy of the sheriff sale advertisement no later than two weeks prior to a sale scheduled thereon, and shall also be served with a copy of the confirmation of sale or dismissal entry.
Page 19 | Rule Thirteen – Foreclosure Actions
When directed by the Court, the Clerk must notify counsel or an unrepresented party of an order by ordinary mail and docket the mailing, except that deposit in the Prosecutor’s mailbox suffices when the Prosecutor is counsel.
In all instances where the Court makes an order, it may direct the Clerk to notify counsel or, if there is no counsel, the party, by ordinary mail of such ruling by providing a copy of the entry which includes such order. The Clerk shall make an appropriate notation on the appearance docket to reflect such mailing. In every case where the Mahoning County Prosecutor is counsel in a case, deposit of a copy of such order in the Mahoning County Prosecutor’s mailbox, located in the Clerk of Courts’ office, shall constitute compliance with this section.
Page 3 | RULE ONE – OFFICIAL NOTICE
Publication in the Daily Legal News or the court’s official website provides official notice of case assignments, and counsel and unrepresented parties must check those sources for notices concerning their cases.
Publication in the “Daily Legal News” and the Courts official website, which can be accessed at: http://courts.mahoningcountyoh.gov , shall be deemed official notification to all counsel and any unrepresented party of any assignment on any case and it shall be the duty of such counsel or unrepresented party to ascertain from the “Daily Legal News” or website any official notification contained therein pertaining to any case with which they are concerned.
Page 3 | RULE ONE – OFFICIAL NOTICE
Courtesy Copy Requirements
Counsel must include a copy of each motion or brief for distribution to the appropriate court when filing it.
Counsel shall file no motion or brief unless accompanied by a copy for distribution to the appropriate court.
Page 10 | Rule Six – Motions; Leaves
The Court and stenographer must each receive a copy of every deposition transcript intended for use in evidence.
(A) The Court and the stenographer shall be provided a copy of all depositions intended to be read into evidence.
Page 15 | Rule Nine - Depositions
Before trial, a marked transcript with an attached objection list identifying page and line numbers must be provided to both the Court and stenographer.
(C) A list of objections with page and line numbers are to be attached to the transcript with a marked copy provided to the Court and to the stenographer prior to the commencement of trial.
Page 15 | Rule Nine - Depositions
Adjournment & Extension Requirements
A status hearing may be continued only for good cause.
The Status Hearing shall not be continued, except for good cause.
Page 4 | RULE TWO – REVIEW OF CIVIL CASES
After the court’s discovery completion date, discovery may continue only if the court finds good cause and warrants an extension upon written motion that explains why discovery could not be completed by the assigned date.
No further discovery shall be permitted after the completion date determined by the Court, unless, upon written motion and for good cause shown, the Court finds that circumstances warrant the extension of time within which such discovery shall be completed. Such application for extension of time shall set forth the reasons why the discovery cannot be completed within the time assigned
Page 4 | RULE TWO – REVIEW OF CIVIL CASES
An assigned case ordinarily may not be continued, except for specified physical illness or disability, unexpected and unforeseeable circumstances, or as otherwise provided by the rules.
(c) Except for illness or other physical disability of a party, counsel or a necessary witness, or the occurrence of some other unexpected and unforeseeable circumstance, or as otherwise provided in these rules, no case assigned for trial in accordance with the provisions of these rules shall be continued.
Page 13 | Rule Seven – Assignment of Civil Cases for Trial
Counsel must promptly notify the Court Administrator and trial judge of potentially interfering facts immediately upon learning of them, and any continuance request must be written, state the reason, and certify notice to the requesting party.
(d) It shall be the responsibility of counsel who has a case assigned for trial to promptly notify the Court Administrator and the trial Judge of any facts which might interfere with the trial of the case immediately upon becoming aware of them. No continuance shall be granted except upon written request to the Court pursuant to Ohio Superintendence Rule 7, stating the reason why a continuance is necessary, together with a written certification that the party on whose behalf the request is made has been notified of such request.
Page 13 | Rule Seven – Assignment of Civil Cases for Trial
If the assigned judge or magistrate is unavailable, the case must be continued, counsel must immediately confer with the Court Administrator, and the case must be reassigned to the earliest available trial date.
(b) If upon the date set for trial the Judge to whom the case has been assigned or the Magistrate for that Court is engaged in another trial or is otherwise unavailable, the case shall be continued; but it shall be the duty of counsel to immediately confer with the Court Administrator who shall reassign the case for trial with that Judge or Magistrate at the earliest available date pursuant to instructions from the Trial Court. The Court Administrator shall promptly notify the Judge to whom the case is assigned of the new trial date.
Page 13 | Rule Seven – Assignment of Civil Cases for Trial
The court may grant additional leaves to move or plead when good cause is shown.
Additional leaves to move or plead may be granted by the Court, for good cause shown.
Page 10 | Rule Six – Motions; Leaves
The court will approve one timely request for an extension of time to move or plead to a pleading seeking affirmative relief without a motion or opposing-party consent.
The Court will, without motion or consent of the opposing party, approve one request for extension of time to move or plead to a pleading seeking affirmative relief provided the same are delivered to the Court Administrator on or before the expiration date of the time period set out in Ohio Civil Rule 12(A) or the first extension thereof.
Page 10 | Rule Six – Motions; Leaves
The court will approve a timely leave to move or plead or a response-instanter motion without a motion and presume good cause if no default-judgment motion has been filed.
The Court will also approve without motion, a leave to move or plead, or a motion to file a response instanter to a pleading seeking affirmative relief, and presume a showing of good cause therefore, if no motion for default judgment has been filed in the case, provided that the same is delivered to the Court Administrator before a motion for default judgment is filed.
Page 10 | Rule Six – Motions; Leaves