Mahoning County Court of Common Pleas, General Division Document Filing Requirements

Applies to

Pretrial statement

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.

Applies to

Motion or brief

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.

Applies to

All documents

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

Applies to

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”.

Applies to

Exhibit list

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.

Applies to

Judgment entry

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.

Applies to

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.

Applies to

Motion to withdraw

Must include

local rule certificate

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.

Applies to

Complaint

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.

Applies to

Tax payment verification form

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.