Marysville Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Application

Applications must certify eligibility, identify the citation, include the required payment, speedy-trial waiver, voidable guilty plea, and insurance proof, and meet the stated signature and filing requirements.

(I) Applications must be in writing and must: (a) cenify that the applicant is eligible to participate: (b) specifically refer to the citation(s) sought to be dismissed by citation number or case number. or by attaching a copy of the subject citation. (c) be signed, in ink by the applicant. (d) mclude full payment, equal to that which would otherwise be required for processing of the ciiation(s) by the Traffic Violations Bureau. Personal checks may be not be accepted. (e) be med prior to the date on which a plea would be required in the case under the Ohio Traffic Rules. (f) include a written waiver of speedy trial requirements. (g) include a written guilty plea, voidable upon timely, successful completion of the Program. (h) include proof of insurance.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include a proposed judgment entry or the Clerk will reject and return it.

D. Motions for default judgment not accompanied by a proposed judgment entry shall not be accepted for filing and will be returned by the Clerk.

CRITICAL

Applies to

Motion to continue bench trial

When required for a late motion to continue a bench trial, the jury-trial waiver must be signed by the defendant.

E. Where a defendant has a right to a lrial by jury trial, a motion to continue a bench trial filed after the expiration of the time within which to file jury demand shall be denied unless accompanied by a waiver of the righl to a trial by jury signed by the defendant.

CRITICAL

Applies to

Final judgment entry

If a settlement agreement is not fully executed by the final-judgment deadline, the judgment must provide for dismissal subject to the written settlement terms and the Court's jurisdiction to enforce them; alternatively, the settlement entry may provide for judgment with delayed execution.

If a settlement agreement shall not be fully executed by that date, the judgment shall provide for dismissal subject to the tcnns of a written settlement agreement subject to the jurisdiction of the Coun to enforce the agreement upon default and motion to reopen. Alternatively, a settlement enay may provide for judgment with terms delaying execution.

CRITICAL

Applies to

Final judgment entry

Final judgment entries must state how costs will be assessed.

D. Final judgment entries shall state bow costs will be assessed.

CRITICAL

Applies to

Notice of hearing

Counsel must prepare the hearing notice for the trial judge to sign and leave its date blank.

Counsel shall prepare the notice of hearing to be signed by the trial judge, leaving the date blank.

CRITICAL

Applies to

Criminal complaint

Without leave of Court, a bad-check theft complaint will not be accepted when a prior complaint against the same defendant concerning the same vendor, person, or entity remains pending and alleges an offense within ninety days of the new offense.

The Clerk shall not accept for filing, without leave of Court, a complaint alleging a theft offense relating to passing bad checks if all of the following apply: {I) there has previously been filed in this Coun a theft complaint against the same defendant relatiJ,g to passing bad checks to the same vendor, person, or entity; (2) said complaint has nor been dismissed; (3) the offense in such prior case was alleged to have occurred within ninety days of the date of the offense alleged in the last offered com-plaint.

CRITICAL

Applies to

Discovery response

When the defendant's timely discovery request is filed more than fourteen days after arraignment, the defendant must be prepared to provide a complete written response to a timely prosecution request at the pretrial conference.

If the defendant files a timely request for discovery more than founcen days after arraignment, he/she shall be prepared 10 provide a complete written response to a timely request for discovery from the prosecution at the pre-trial conference.

CRITICAL

Applies to

Motion for continuance

A motion seeking a continuance because of conflicting trial dates must include a file-stamped copy of the conflicting case assignment.

D. When requesting a continuance due to conflicting trial dates, a file-stamped copy of the assigrunent of the conflicting case must be attached to the motion.

CRITICAL

Applies to

Criminal complaint

ii. been released on bond or personal recogni·zance. the complaint shall be accompanied by all of the following: (a) a precipc executed by the appropriate City. Village or County Prosecuting Anomey, or an assistant thereof, requesting issuance of an arrest wamm. (b) a summons executed by the Clerk. a deputy clerk, or a person authorized by Crimi·nal Rule 46 to release the defendant on bond. (cl a properly executed rcrum showing service of both the complaint and summons upon defendant.

ii. been released on bond or personal recogni·zance. the complaint shall be accompanied by all of the following: (a) a precipc executed by the appropriate City. Village or County Prosecuting Anomey, or an assistant thereof, requesting issuance of an arrest wamm. (b) a summons executed by the Clerk. a deputy clerk, or a person authorized by Crimi·nal Rule 46 to release the defendant on bond. (cl a properly executed rcrum showing service of both the complaint and summons upon defendant.

CRITICAL

Applies to

Confession of judgment entry

Before a judgment entry on a warrant-of-attorney confession of judgment is filed, the original note must be exhibited to the Court and presented to the clerk for endorsement.

Before aJudgment Entry is filed in cases of confession of judgment by warrant of an attorney on a promissoiy note, the original note shall be exhibited to the Court and presented to the clerk of this Court, who shall endorse thereon. the fact that the note is in judgment. The Entty of Judgmem shall not be tiled until this is done.

CRITICAL

Applies to

Entry

If the parties consent to delaying issuance of the writ, a timely entry must state the circumstances under which the writ will issue.

If issuance of !he writ is 10 be delayed by consent of the parties, a timely entry must be submitted setting forth the circumstances under which the writ shall be issued.

CRITICAL

Applies to

Funding application

Payment from the Fund to an agency eligible for or receiving other government substance-abuse-treatment funding requires a written application and court approval, and approval is barred if it would foster waste of government resources.

For persons receiving 1rea1menl in a county in which multiple agencies provide services, no paymem from the Fund shall be made roan agency that is eligible 10 receive. or that does receive other government funding for substance abuse treaanent, except upon wrinen application co. and approval by. the Coun. No such application will be approved where this would foster waste of government resources.

CRITICAL

Applies to

Motion

A motion must be accompanied by a proposed entry granting the requested relief.

B. No motion will be considered unless accompanied by a proposed entry granting the relief sought.

CRITICAL

Applies to

Uniform traffic citation complaint

A Uniform Traffic Citation complaint must be accompanied by a summons executed by the appropriate law enforcement officer.

(2) In the case of a Uniform Traffic Citation, the complaint snail be accompanied by a summons executed by the appropriate law enforce·ment officer.

CRITICAL

Applies to

Motion for continuance

A continuance or rescheduling motion must include a proposed journal entry identifying the moving party, grounds, proceeding, and blank rescheduled-date space, and showing that copies were sent to counsel and unrepresented parties.

C. The motion for continuance or to resched· ule must be accompanied by a proposed journal entry that (I) Identifies the moving party; (2) States the grounds for the request; (3) Identifies the type of hearing (amign- ment, preliminary, bond ... ) or trial (bench or jury) sought to be continued or rescheduled; and (4) provides an appropriate blank space for the Coun to fill in a rescheduled date. (5) Shows by suitable marks, or otherwise, photocopy sent to counsel of record, and any pany not represented by counsel, i.e., "cc: ... ,• or "pc: .... "

CRITICAL

Applies to

Invoice

Invoices seeking payment from the Fund must include the offender and case identifiers, verification of the Court referral and program designation, and, for out-of-county providers, the required certification.

Invoices for payment from the Fund muse include each of the following: (I) Name. address, and social security number of the offender. and the case number(s) of the case(s) in which the Coun made the referral: (2) Verification of the referral by the Coun for treaanem, and the designation by the A.D.A.M.H.S. Board of the program: (3) For providers located outside of Union County. the invoice must include a cenification from Union County A.D.A.M.H.S. Board, or its designee. that the provider satisfies all requirements sec fonh in this rule for paymem from the fund.

CRITICAL

Applies to

Referral

The indigence referral must be written, filed with the case, and state its basis.

The refeml shall be in writing, tiled with case showing the basis thereof.

CRITICAL

Applies to

Jury trial waiver

Must include

caption, case number

To take a case out of jury-trial assignment based on waiver, the waiver must be written, bear the caption and case number, and be executed by the defendant; a qualifying companion-case waiver applies to all cases bearing that number, while oral notice or a counsel-only waiver does not suffice.

(I) upon receipt of a written waiver of the right to a jury trial bearing the caption and case number and executed by the defendant. A jury waiver filed in cases involving two or more companion cases that bears a case number without the capital letter designatiop of one or more of 1he individual cases shall be deemed to be a waiver as to all cases bearing that case number. Oral notice or request by counsel or a party, or a written waiver executed only by counsel shall not be cause for taking a case out of assignment for a jury trial:

CRITICAL

Applies to

Judgment or journal entry

A. Counsel for the pany in whose favor an order or judgment is rendered following a contested hearing shall prepare an appropriate judgment or journal entry. The entry shall be submitted to opposing counsel within live (5) days of the decision.

A. Counsel for the pany in whose favor an order or judgment is rendered following a contested hearing shall prepare an appropriate judgment or journal entry. The entry shall be submitted to opposing counsel within live (5) days of the decision.

CRITICAL

Applies to

Pleading

Signing a pleading certifies that the signer read it, believes there is good ground to support it based on their best information, knowledge, and belief, and did not interpose it for delay.

B. The signature of counsel or a party con- stitutes a certification that counsel or the party has personally read the pleading; and that to said person's best information, knowledge and belief there is good ground to suppon it; and that it is not interposed for delay.

CRITICAL

Applies to

Facsimile transmission of pleadings or motions

Pleadings arxl motions musr be accompanied by a cover sheet or letter that identifies each individual document in the transmission by name and number of pages thereof.

Pleadings arxl motions musr be accompanied by a cover sheet or letter that identifies each individual document in the transmission by name and number of pages thereof.

CRITICAL

Applies to

Pleading or motion

Every pleading and motion for a represented party must be signed by at least one attorney of record in the attorney's individual name and state the attorney's address, phone number, and Ohio Supreme Court registration number.

A. Every pleading and motion of a party represented by an aaomey shall be signed by at least one anomey of record in his individual name, whose address, phone number, and Ohio Supreme Coun Registration Number shall be stated.

CRITICAL

Applies to

Criminal complaint

When a defendant allegedly passed multiple bad checks to the same vendor, person, or entity before the complaint is filed, all those offenses must be joined in one complaint.

C. Where a defendant is alleged to have passed more than one bad check to the same vendor. person, or entity prior to the filing of the complaint, aU such individual offenses shall be joined in one complaint.

CRITICAL

Applies to

Criminal complaint

If the defendant has not been arrested, the complaint must include either a prosecutor’s precipe requesting a warrant or summons, or an executed summons and return showing service of both documents.

a. if the defendant has not been arrested. the complaint shall be accompanied by one of the following: i. a precipe executed by the appropriate City, Village or County Prosecuting Anomey. or an assistant thereof, requesting issuance of an arrest warrant or a summons. ii. a summons executed by the Clerk. a deputy clerk, or a person authorized by Criminal Rule 46 to release the defendant on bond. and a properly executed recum showing service of both the complaint and summons upon defendant.

CRITICAL

Applies to

Criminal complaint

A complaint accompanied by a previously served summons is accepted only if the appearance date falls within the stated period or the defendant has not been released on bond; a pretrial driving suspension requires an appearance date 24 hours to 15 days after filing is offered.

(3) A new complaint accompanied by a summons previously served shall not be accepted for filing unless the summons requires the defendant's appearance no sooner than four days. nor more than fifteen days following lhe dare that the complaint is offered for filing. or unless the defendant has not been released on bond. If the defendant is subject to a pretrial suspension of driving privileges upon a complaint or an accompanying complaint, the complaint shall not be accepted unless the summons requires the defendant's appearance no sooner than twenty-four hours, nor more than fifteen days following the date that the complaint is offered for filing.

CRITICAL

Applies to

Entry

Entries must provide for the court to sign them effective immediately without delay for objections, except pretrial orders covered by Civil Rule 53(C)(3)(a).

All entries. except pretrial orders covered by Civil Rule 53(C)(3)(a). shall include a provi- sion whereby the coun may sign the same to become effective immediately without delay for objections.

CRITICAL

Applies to

Conference report

Counsel must prepare, execute, and file a conference report.

Conferences shall be conducted by coun- sel who shall prepare, execute, and file a repon immediately upon the conclusion thereof.

CRITICAL

Applies to

Notice

For court consent to withdrawal, the client must receive written notice stating when and where the motion will be heard.

Such consent will be granted only after written notice to the client stating the time, date, and place where such Motion will be bean!.

CRITICAL

Applies to

Jury duty summons

The jury summons must include the background questionnaire and notice of the initial trial assignment.

The jury summons shall include the background questioMaire and notice of the initial trial assignment above discussed.

CRITICAL

Applies to

Criminal or traffic complaint

A criminal or traffic complaint must include at least one of the defendant’s Social Security number, Ohio driver’s license number, or date of birth.

8. The Clerk shall not accept for filing any criminal or traffic complaint that does not include at least one of the following identifiers for the defendant: (I) Social security number, (2) Ohio driver's license number, (3) Date of binh.

CRITICAL

Applies to

Proof of completion

The applicant must file proof of completing the specified certified driver safety course with the Clerk.

(2) Upon timely filing of a properly com- pleted application the applicant shall file with rhe Clerk, within thirty days of !he last day on which a timely application could be filed, proof of completion of a driver safety course state certified for deduction of two points from the applicant's driving record under R.C. § 4507-.021.

CRITICAL

Applies to

Pleading

A party without counsel must sign their own pleading and state their address and phone number.

A party not represented by counsel present. shall sign his/her own pleading and state his- /her address and phone number.

CRITICAL

Applies to

Motion to be ruled on without hearing

A motion to be decided without a hearing must be written and accompanied by a memorandum specifying its factual and legal grounds, citing authority, and relating that authority to the case facts.

Motions 10 be ruled upon by the Court without a hearing shall be in writing accompa- nied by a memorandum stating with specificity the factual and legal grounds therefor. Memo· randa must cite authority and relate the same to the specific facts of the case.

CRITICAL

Applies to

Criminal complaint

If the defendant was arrested without a warrant and has not been released on bond, the complaint must include a prosecutor’s precipe requesting an arrest warrant.

if the defendant was arrested without a warrant pursuant 10 law and has i. not been released on bond, the complaint shall be accompanied by a precipe executed by the appropriate City, Village or County Prosecuting Anomey, or an assistant thereof. re-questing issuance of an arresr warrant;

CRITICAL

Applies to

Bail property pledge initial papers

A property pledge for bail must be accompanied by an attorney's title certificate justifying equity of at least twice the bail amount, to the Judge's satisfaction.

Any pledge of property for bail shall have, accompanying the initial papers therefor, an anomey's certificate of tide which includes a justification of sufficienc equity to cover twice the bail amount. Said justification must appear to equal the requisite amount of equity, to che satisfaction of the Judge. before being accepted by the Clerk.

WARNING

Applies to

Summons and complaint

A notice of trial must be issued together with the summons and complaint in Small Claims Division cases.

A notice of trial shall be issued together with the summons and complaint

INFO

Applies to

Facsimile pleading or motion

Each pleading or motion received by fax is to be file-stamped by the Clerk as an original.

(4) Each pleading and motion received by facsimile shall be file-stamped by the Clerk as an original.

CRITICAL

Each civil pretrial statement must include the facts giving rise to the claim, a brief statement of issues, propositions of law with at least two authorities, a witness list, exhibit identification, a settlement demand or offer, and an estimate of trial time.

Pre-trial statements shall be filed by all parties with the Coun at least three (3) days before date of the pre-trial conference and shall include: (I) The facts giving rise to the claim for relief. (2) A brief statement of the issues. (3) Propositions of law with at least two authorities cited. (4} A list of wimcsses. (5) Identification of exhibits. (6) A demand, or offer for settlement. (7) An estimate of trial time.