Mansfield Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Application for admission

A criminal defendant must make an Application for Admission to have the case placed on the Domestic Violence Court Docket.

In order to have his/her criminal case placed on the Domestic Violence Court Docket, a criminal Defendant must make an Application for Admission.

CRITICAL

Applies to

Court entry or order

A court entry or order bearing a Judge’s or Magistrate’s stamped signature is not an order of the Court unless the person who used the stamp placed their initials next to it.

Further, any entry or order of this Court bearing the stamped signature of any Judge or Magistrate shall not be an order of this Court unless the initials of the person who used the stamp is placed next to the stamped signature.

CRITICAL

Applies to

Warrant

Warrants for failure to appear must state the bond-schedule amount unless the issuing Judge or Magistrate notes otherwise; this does not apply to failures to appear for jail or probation.

All warrants issued due to Defendants failure to appear, shall set forth the amount of the bond as stated on the bond schedule unless otherwise noted by the issuing Judge or Magistrate, excluding failure to appear for jail and failure to appear for probation.

CRITICAL

Applies to

Pretrial statement

Each counsel must submit a written statement listing expected witnesses and addressing a requested view, jury waiver or number of jurors, and separate trials on liability and damages.

Each counsel shall present to the Court, in writing, a statement indicating the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial previously demanded will now be waived, and if not, the number of jurors demanded; and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages, if liability is found.

CRITICAL

Applies to

Complaint

Every complaint must include the deed or other sufficient proof of the plaintiff’s rights to the property.

In all cases, the deed or other sufficient proof of rights Plaintiff’s rights to the real property at issue in the filing must be included with the Complaint.

CRITICAL

Applies to

Special damages itemization

Counsel claiming special damages must present the Court with a written itemization of all special damages claimed.

Each counsel, claiming same, shall present in writing to the Court an itemization of all special damages claimed.

CRITICAL

Applies to

Pretrial statement

Each counsel must present a written pretrial statement identifying the issues, stipulated matters, and expected questions of law.

Each counsel shall present to the Court, in writing, a statement of the issues involved, of matters stipulated, and of all questions of law which are expected to be involved in the case.

CRITICAL

Applies to

Withdrawal application

Must include

certificate of service

An application to withdraw as trial counsel must be a written entry or motion stating its reasons, including a certificate of service on opposing counsel, and stating the trial date and time if set.

No such application will be considered unless a written entry or motion is presented stating the reasons for the application, certificate of service on opposing counsel, and time and date of trial, if set.

CRITICAL

Applies to

Judgment entry

Counsel for the party in whose favor an order or judgment is rendered must prepare the judgment entry.

5. Judgment Entries: Counsel for the party in whose favor an order or judgment is rendered shall prepare a judgment entry.

CRITICAL

Applies to

Credit card claim trial evidence

In covered credit-card damages cases, the plaintiff must produce qualifying account statements showing the interest rates, a legible copy of the cardholder agreement in effect at the defendant’s last use, and admissible evidence, but need not attach those documents to the complaint.

At trial, Plaintiff must produce monthly account statements to establish the balance prayed for in the complaint, starting from a zero balance or four years of statements, whichever is less. The statements must show the interest rate(s) charged by Plaintiff. Plaintiff must also produce a legible copy of the cardholder’s agreement which was in existence when the Defendant last used the account. Plaintiff’s evidence must be admissible under the rules of evidence. The Court will not require said documents to be attached to complaint at the time of filing.

CRITICAL

Applies to

Court filing

The original of each filing must be signed by the party’s attorney, or by the party if unrepresented.

The original of every document filed with the Clerk shall be signed by an attorney representing the party on whose behalf the document is filed. A party who is not represented by an attorney shall sign any document being filed.

CRITICAL

Applies to

Application for admission

A criminal defendant seeking placement on the Veteran’s Court Docket must make an Application for Admission.

In order to have his/her criminal case placed on the Veteran’s Court Docket, a criminal Defendant must make an Application for Admission.

CRITICAL

Applies to

Motion entry and certification for appointed counsel fees

A completed Motion, Entry, and Certification for Appointed Counsel Fees must be submitted.

a completed "Motion, Entry, and Certification for Appointed Counsel Fees"

CRITICAL

Applies to

Pretrial exhibits

Each counsel must bring to the pretrial all available exhibits intended for use at trial.

Each counsel shall bring to the pretrial all available exhibits which are to be offered in evidence at the trial.

CRITICAL

Applies to

Default judgment motion

Default-judgment motions must list all damages and support them with documentary or other evidence.

All motions for default judgment shall also contain a list of all damages supported by documentary or other evidence.

CRITICAL

Applies to

Signed document

To fax-file a signed document, a party must fax either the signed document or an unsigned copy marked “/s/” followed by the signer's typewritten name.

A party who wishes to file a signed document by fax must either (1) fax the signed document to the Clerk or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the typewritten name of the signing person.

CRITICAL

Applies to

Pleading

Attorneys must identify themselves as trial counsel on all civil and criminal pleadings and include the listed contact and registration information.

Attorneys will designate their capacity as trial counsel on all pleadings in civil and criminal cases and shall include their office address, zip code, telephone number, email addresses, and Supreme Court registration number.

CRITICAL

Applies to

Fax cover sheet

Must include

judge name, case number

(A) the name of our Court; (B) the title of the case; (C) the case number; (D) the name of the assigned Judge, if any; (E) the title of the document being filed; (F) the date of transmission; (G) the transmitting fax number; (H) an indication of the number of pages included in the transmission, including the cover sheet; (I) the name, address, telephone number, fax number, email address, and Supreme Court registration number (if any), of the person filing the faxed document; (J) if applicable, a statement explaining how costs are being submitted.

(A) the name of our Court; (B) the title of the case; (C) the case number; (D) the name of the assigned Judge, if any; (E) the title of the document being filed; (F) the date of transmission; (G) the transmitting fax number; (H) an indication of the number of pages included in the transmission, including the cover sheet; (I) the name, address, telephone number, fax number, email address, and Supreme Court registration number (if any), of the person filing the faxed document; (J) if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Motion

Motions must be supported by memoranda of law containing applicable statutes and case-law citations.

Motions will be supported by memoranda of law containing applicable statutes and case law citations.

CRITICAL

Applies to

Motion

Must include

proposed order

A judgment entry must be submitted with every motion.

A judgment entry must be submitted with all motions.

CRITICAL

Applies to

Complaint

A complaint based on a written lease must include a copy of the lease.

If the Complaint is filed pursuant to a written lease agreement, a copy of the lease must be attached to the Complaint.

CRITICAL

Applies to

Affidavit

Parties must appear for garnishment hearings and dormant-judgment revival actions, but may use an affidavit instead of appearing personally, and the affidavit must state pertinent information including the judgment date and amounts awarded and still owing.

All garnishment hearings and actions to revive a dormant judgment will require the appearance of the parties. The appearance may be in person; however, the Court will accept an appearance by affidavit in lieu of personal appearance. Said affidavit shall contain all pertinent information, i.e., date of judgment, amount awarded and amount still owing, etc.

CRITICAL

Applies to

Account balance calculation

If the defendant was charged more than 25% annual interest before charge-off, the plaintiff must calculate the balance excluding usurious interest and recalculate affected months using the statutory rate.

In the event Defendant was charged interest in excess of 25% per year before the account was charged-off, Plaintiff must calculate the balance owed on the account, excluding usurious interest. For those months that Defendant was charged more than 25% per year, the Plaintiff must recalculate the balance due assuming interest at the statutory rate.

CRITICAL

Applies to

Post judgment execution

A post-judgment execution must include a notice of execution completed by the executing party and filed with the Clerk when the execution is filed.

6. Post Judgment Executions: All post judgment executions shall include a notice of execution which shall be completed by the executing party and filed with the Clerk of Court at the time of filing the execution.

CRITICAL

Applies to

Application for admission

A criminal defendant must make an Application for Admission to have the case placed on the Treatment Court Docket.

In order to have his/her criminal case placed on the Treatment Court Docket, a criminal Defendant must make an Application for Admission.

CRITICAL

Applies to

Motion

Motions must be supported by memoranda of law containing applicable statutory and case-law citations.

Motions will be supported by memoranda of law containing applicable statutory and case law citations.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing citations and counsel’s arguments.

3. Motions: All motions must be in writing and accompanied by a written memorandum containing citations and the arguments of counsel.

CRITICAL

Applies to

Application for admission

A criminal defendant seeking placement on the Behavioral Health Court Docket must make an Application for Admission.

In order to have his/her criminal case placed on the Behavioral Health Court Docket, a criminal Defendant must make an Application for Admission.

CRITICAL

Applies to

Agreed judgment entry

A change of plea by agreed judgment entry for an offense other than a minor misdemeanor requires prior Court approval, and the Court-determined fine, costs, and any incarceration or probation must be included in the entry.

Change of Plea pursuant to an Agreed Judgment Entry on all offenses other than Minor Misdemeanors will only be permitted with prior approval of Court; in such case, the fine, applicable Court costs, and any period of incarceration and/or probation are to be determined by Court and included on the Agreed Judgment Entry.

CRITICAL

Applies to

Default judgment motion

Default-judgment motions must be written and state the complaint filing date, service method, proof of service, and answer date if applicable.

All motions for default judgment shall be made in writing and clearly state the date the complaint was filed, how service was made, proof of service, and answer date (if applicable).

WARNING

Applies to

Court filing

In addition, the case name, case number, and the name of the assigned Judge should be listed on each document filed with the Clerk, as well as the title of the document (for example, Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).

In addition, the case name, case number, and the name of the assigned Judge should be listed on each document filed with the Clerk, as well as the title of the document (for example, Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).

WARNING

Applies to

Separate form

When personal identifying information is redacted or omitted, it should be provided to the Court on a separate form identifying the information and its location.

If personal identifying information is redacted or omitted from a document, the information should be provided to the Court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information.

WARNING

Applies to

Signed document

A party who fax-files a signed document represents that the physically signed document is in that party's possession or control.

A party who files a signed document by fax represents that the physically signed document is in his or her possession or control.

WARNING

Applies to

Motion for relief from judgment

Motions for relief from judgment under Local Rule 10 must be made in accordance with Ohio Rule of Civil Procedure 60(B).

Motions for relief from judgment under this rule shall be made in accordance to Ohio Rule of Civil Procedure 60 (B).

WARNING

Applies to

Exhibit cover sheet

Must include

judge name, case number

Any exhibit filed in accordance with the paragraph just above should be accompanied by a cover sheet listing the name of the case, the case number, the assigned Judge’s name, and the title of the exhibit itself.

Any exhibit filed in accordance with the paragraph just above should be accompanied by a cover sheet listing the name of the case, the case number, the assigned Judge’s name, and the title of the exhibit itself.

WARNING

Applies to

Fax filing

A document filed by fax will be accepted as the effective original filing of the document. The person filing a document by fax should not mail or otherwise deliver the same document to the Clerk a second time, but that person should maintain in his or her records the original signed copy of the fax-filed document, as well as the fax cover sheet sent to the Clerk with the document.

A document filed by fax will be accepted as the effective original filing of the document. The person filing a document by fax should not mail or otherwise deliver the same document to the Clerk a second time, but that person should maintain in his or her records the original signed copy of the fax-filed document, as well as the fax cover sheet sent to the Clerk with the document.

WARNING

Applies to

Motion

Any party filing a motion with the Court should present at the same time a proposed entry that the party wishes the assigned Judge or Magistrate to sign. (No proposed entry need be tendered with a motion to suppress in criminal and traffic cases).

Any party filing a motion with the Court should present at the same time a proposed entry that the party wishes the assigned Judge or Magistrate to sign. (No proposed entry need be tendered with a motion to suppress in criminal and traffic cases).

WARNING

Applies to

Court filing

Parties and attorneys should list their names and contact information on each filing, and attorneys should also list their Ohio attorney registration numbers.

On each document presented to the Clerk for filing, parties and attorneys should list their names, addresses, telephone numbers, fax numbers, and email addresses. Attorneys should also list their Ohio attorney registration numbers.

WARNING

Applies to

Faxed exhibit

If an exhibit cannot be transmitted accurately by fax, it should be replaced with an insert page describing the exhibit and why it is missing.

If an exhibit cannot be transmitted accurately by fax, the exhibit should be replaced by an insert page describing the exhibit and why it is missing.