Marietta Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Journal entry

A journal entry reflecting an order restricting access to a record or case document must be prepared and made publicly available.

Furthermore, a journal entry shall be prepared and made available to the public reflecting the Court's order that access to a record or case document has been restricted.

CRITICAL

Applies to

Civil document

In civil cases, attorneys must identify their capacity as trial counsel on all documents.

Attorneys will designate their capacity as trial counsel on all documents in civil cases and by written notice which shall include name of attorney, office address, zip code, telephone number, and email address.

CRITICAL

Applies to

Complaint

A forcible entry and detainer complaint may be signed on behalf of another person only by a licensed attorney; a property manager or real estate agent may sign or represent an owner only if also an attorney, and a corporate or LLC owner must have an attorney sign.

Pursuant to RC 4705.01 and Cleveland Bar Assn. vs Picklo, (2002) 96 Ohio St. 3d 1 95, 2002-Ohio-3995, only a licensed attorney may sign a complaint on behalf of another person. No property manager or real estate agent may sign a complaint or represent an owner in court, unless that property manager or real estate agent is also an attorney. When the plaintiff/owner is a corporation or limited liability company, the complaint must be signed by a licensed attorney. Any complaint signed by someone other than the owner or a licensed attorney will be dismissed without a hearing.

CRITICAL

Applies to

Motion

A motion will not be set for hearing unless an existing rule provides for it or the motion prominently includes the prescribed oral-hearing statement on its first page.

No motion will be set for hearing unless provided by existing rule or the following statement appears prominently upon the first page of the motion: "Counsel Requests an Oral Hearing of Approximately _____ Minutes at Which Time _____ Witness will be Called."

CRITICAL

Applies to

Affidavit of indigency

Before counsel is appointed, a defendant must file a completed affidavit of indigency with the Washington County Public Defender Office.

Before counsel is appointed, a defendant must file a completed affidavit of indigency with the Washington County Public Defender Office.

CRITICAL

Applies to

Pretrial statement

Unless the judge or magistrate waives or modifies the requirement, parties must file a pretrial statement at least seven days before the pretrial conference containing the listed factual, legal, witness, exhibit, damages, trial-time, scene-view, instruction, stipulation, and settlement information.

Unless waived or modified by the Judge or Magistrate, at least seven days before the pretrial conference, the parties shall file a pretrial statement which shall include the following: (a) A brief statement of the facts of the case. ( b) A statement of the issues of law involved. (c) Authorities relied upon to support the issues. (d ) An outline of the exhibits. (e) The names and addresses of all expert witnesses. ( f) The names and addresses of all lay witnesses. (g) An itemization of special damages. (h ) An estimation of anticipated time required for trial. (i) A statement as to whether or not there will be a request for a view of the scene. U) Copies of any special instructions requested by the attorney. (k) Any request for stipulations. ( 1) Any indications of settlement.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion for which an oral hearing is neither required nor requested must be accompanied by a proposed entry.

All motions where an oral hearing is not required or requested, shall be accompanied by a proposed entry.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must be written and state the complaint filing date, how service was made, proof of service, and the answer date.

All Motions for Default Judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service and answer date.

CRITICAL

Applies to

Trusteeship application

A trustee-appointment application must include a complete and accurate statement under oath of the debtor's and employers' identifying details and the listed information for all creditors.

The application for an appointment of a trustee shall include a complete and accurate statement, under oath, of: the debtor's name and address; name and address of all employers; and a list indicating the names, addresses, account numbers, and amount owing to all creditors.

CRITICAL

Applies to

Default judgment motion

A proposed entry must accompany each motion for default judgment.

A proposed entry shall accompany the motion.

CRITICAL

Applies to

Withdrawal application

Must include

certificate of service

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

CRITICAL

Applies to

Special jury instruction

Special jury instructions must include the proposed instruction’s text and citations of authority.

Any special instructions shall include the text of the proposed instruction and citations of authority for any instruction requested by counsel.

CRITICAL

Applies to

Motion

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

Motions are to be supported by Memoranda of Law containing applicable statutory and case law citations.

CRITICAL

Applies to

Courtroom recording permission request

Requests for permission to broadcast, televise, record, or photograph in the courtroom must be written.

Requests for permission of the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing and the written order of the Judge shall be made a part of the record of the proceedings.

CRITICAL

Applies to

Withdrawal application

A withdrawal application must be presented as a written entry or motion stating the reasons for withdrawal, including a certificate of service, and stating the trial time and date 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/or client and time and date of trial, if set.

CRITICAL

Applies to

Ticket

An electronically produced ticket need not bear the defendant’s signature, but must bear the officer’s electronic signature, which may take any of the listed forms.

A ticket produced by computer or other electronic means does not require the signature of the defendant. A ticket produced by computer or other electronic means requires the officer to electronically affix the officer's signature thereto, which may include a cursive signature, officer's unit number or a typed name applied by computer or other electronic means.

CRITICAL

Applies to

Notice of appearance

Attorneys entering as counsel of record must file a Notice of Appearance containing their name, Ohio Supreme Court registration number, office mailing address, telephone number, and email address.

Attorneys may enter as counsel of record by filing a Notice of Appearance which shall include the name, Ohio Supreme Court registration number, office mailing address, attorney's telephone number and electronic mail address.

CRITICAL

Applies to

Complaint

A forcible entry and detainer complaint must state the eviction reason and include the specified notice and, if any, the written instrument supporting the claim.

A complaint in Forcible Entry and Detainer shall contain a reason for the eviction, a copy of the notice given under RC 1 923.04 and a copy of the written instrument upon which the claim is founded (if any).

CRITICAL

Applies to

Pretrial statement

Unless waived or modified by the Judge or Magistrate, the pretrial statement must include the listed case facts, legal issues and authorities, exhibits, witnesses, damages, trial-time estimate, requested instructions and stipulations, and settlement information.

Unless waived or modified by the Judge or Magistrate, at least seven days before the pretrial conference, the parties shall file a pretrial statement which shall include the following: (a) A brief statement of the facts of the case. (b) A statement of the issues of law involved. (c) Authorities relied upon to support the issues. (d) An outline of the exhibits. (e) The names and addresses of all expert witnesses. (f) The names and addresses of all lay witnesses. (g) An itemization of special damages. (h) An estimation of anticipated time required for trial. (i) A statement as to whether or not there will be a request for a view of the scene. (i ) Copies of any special instructions requested by the attorney. (k) Any request for stipulations. (I ) Any indications of settlement.

CRITICAL

Applies to

Hearing notice

Each hearing notice must state the time and place of the hearing at which objections to the application will be heard.

Each notice shall contain the time and place of a hearing that objections to the application shall be heard.

CRITICAL

Applies to

Proof of publication

Proof of publication must be filed with the Clerk.

Proof of publication shall be filed with the Clerk.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Entries shall accompany the motions with blanks for the new trial and date, and if agreed to by opposing counsel.

Entries shall accompany the motions with blanks for the new trial and date, and if agreed to by opposing counsel.

CRITICAL

Applies to

Driving privileges request or 12 point suspension appeal

Requests for driving privileges and appeals of 12-point suspensions must include the petitioner's date of birth, last four Social Security number digits, and driver's license number.

All requests for driving privileges and appeals of 12 point suspensions shall contain the following information: Petitioner's date of birth, last 4 digits of the petitioner's Social Security number, and Driver' s License number.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include a list of claimed damages supported by documentary or other evidence.

All Motions for Default Judgment shall also contain a list of claimed damages supported by documentary or other evidence.

CRITICAL

Applies to

Application for appointment as assigned counsel

Attorneys seeking appointment to represent indigent defendants must complete an Application for Appointment as Assigned Counsel.

Attorneys who wish to be appointed to represent indigent defendants must complete an Application for Appointment as Assigned Counsel and must meet the following criteria:

CRITICAL

Applies to

Small claims petition

A small claims action is commenced by filing a small claims petition.

A small claims action is commenced by filing a small claims petition.

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by an entry with blanks for the new trial time and date and, if applicable, opposing counsel’s agreement.

Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.

CRITICAL

Applies to

Appointment entry

The Judge must file an entry appointing the selected attorney immediately, unless the Judge finds the attorney unsuitable for that defendant or case.

Immediately upon selection of an attorney, the Judge will file the appropriate entry appointing the attorney, unless the Judge decides that the attorney is not suitable for that particular defendant or that case.

CRITICAL

Applies to

Continuance motion

If a prior trial conflict exists, the continuance motion must state when the conflicting trial was scheduled and attach a copy of its notice.

If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion.

CRITICAL

Each appointed attorney must submit compensation requests using forms supplied by the Ohio Public Defender Commission.

Requests for compensation must be made by each appointed attorney on forms supplied by the Ohio Public Defender Commission.

CRITICAL

Applies to

Motion

Except for motions normally made at trial, motions must be written, served on opposing counsel, and made within the time limits prescribed by the Ohio Rules of Criminal Procedure and/or Ohio Traffic Rules.

All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedures and/or Ohio Traffic Rules.

CRITICAL

Applies to

Confirmation and distribution entries

The party requesting the sale must prepare the confirmation and distribution entries, including statements that the sale was regular and proper and of any remaining judgment balance, unless the Court directs otherwise.

Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the Court and also a statement of the balance, if any, still due on the judgment.

CRITICAL

Applies to

Motion

A motion will be set for hearing only if an existing rule provides for it or the specified oral-hearing request appears prominently on the motion's first page.

No motion will be set for hearing unless provided by existing rule or the following statement appears prominently upon the first page of the motion: "Counsel Requests an Oral Hearing of Approximately ----- Minutes."

WARNING

Applies to

Trusteeship application

Attached to the application should be a copy of the demand of garnishment of personal earnings and proof of last thirty (30) days of gross earnings.

Attached to the application should be a copy of the demand of garnishment of personal earnings and proof of last thirty (30) days of gross earnings.

WARNING

Applies to

Transcript request

A person may request a full or partial transcript by written request upon written motion.

A person may request, in writing, a full or partial transcript of any court proceeding upon written motion.

WARNING

Attorneys must itemize all travel expenses.

I . The attorney must itemize all travel expenses.

WARNING

Applies to

Documents with redacted or omitted personal identifying information

When personal identifying information is redacted or omitted, it should be provided to the court on a Confidential Disclosure of Personal Identifiers form indicating what information was redacted or omitted.

If personal identifying information is redacted or omitted from a documents, the information should be provided to the court on a Confidential Disclosure of Personal Identifiers form that indicates what information has been redacted or omitted. Appendix B is an example of a confidential disclosure form.

WARNING

Applies to

Small claims transfer request

A small claims case may be transferred to the regular docket upon filing a motion and affidavit and paying the required costs.

A small claims case may be transferred to the regular docket upon filing of motion and affidavit, as required by Ohio Revised section 1 925.10, and upon payment of the required costs.

WARNING

Applies to

Confidential disclosure of personal identifiers

Complete all applicable fields on the disclosure form and print the information.

Complete all applicable information (PLEASE PRINT)

INFO

Applies to

Answer

A defendant in a small claims action is not required to file an answer or statement of defense.

A Defendant is not required to file an answer or statement of defense.

INFO

Applies to

Application for sealing of court criminal records

An application to seal a court criminal record may be made on the court-approved form.

Applications for Sealing of Court Criminal Records may be made on the form approved by the Court.