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

Applies to

Preliminary judicial report

The preliminary judicial report must include the property’s permanent parcel number or another tax identification number.

(3) The County Treasurer's permanent parcel number or other tax identification number of the real estate;

Applies to

Civil complaint

Every civil complaint must be accompanied by the Court-prescribed Case Designation Form.

All civil complaints must be accompanied by a Case Designation Form as prescribed by the Court. This form is available on the website for the Medina County Clerk of Courts.

Applies to

Trial transcript

Objection logs are required whenever trial transcripts are filed.

Objection logs must be filed with any trial transcripts.

Applies to

Attorney profile update form

Every attorney entering an appearance must maintain one current contact profile, and profile changes must be submitted on a signed Attorney Profile Update Form provided to the Clerk of Courts.

Each attorney entering appearance in any case shall provide and update a single contact profile using the Attorney Profile Update Form to ensure the address for the attorney is accurate in the appearance docket maintained by the Clerk of Courts. It is the obligation of the attorney to ensure the profile information remains up-to-date. The attorney information will not be changed based upon an attorney’s information contained on a pleading/motion. Profile information can only be changed upon a signed Attorney Profile Update Form provided to the Clerk of Courts.

Applies to

Notice of automatic leave to plead

The notice of automatic leave must state that no prior extension was granted and must be filed before the original Civil Rules deadline expires.

The notice shall state that no prior extension of time has been granted and must be filed prior to the expiration of the time originally prescribed in the Civil Rules.

Applies to

Motion for leave to respond

Leave to respond to a pleading, request, or motion other than a complaint, counterclaim, cross-claim, or third-party complaint must be sought by written motion.

A party seeking leave to respond to any other pleading, request or motion must do so by written motion.

Applies to

Motion for leave to respond

Must include

proposed order

A motion for leave must include a proposed journal entry granting the requested leave.

The movant shall prepare a proposed journal entry granting the motion for leave and submit it to the Court along with the motion.

Applies to

Discovery plan

Discovery plans must be filed under Civil Rule 26(F).

Discovery plans shall be filed pursuant to Civ.R. 26(F).

Applies to

Motion

Every motion must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.

All motions shall be accompanied by a memorandum stating the grounds for the motion and citing the authorities relied upon.

Applies to

Motion for default judgment

A motion for default judgment must include an affidavit by a person with personal knowledge containing sufficient supporting facts.

A party seeking default judgment pursuant to Civ.R. 55 shall include with the motion an affidavit of an individual with personal knowledge containing sufficient facts to support the claim.

Applies to

Motion

Must include

proposed order

A proposed entry granting the motion must be submitted with the motion; omission may delay or deny the motion.

The movant shall prepare a proposed entry granting a motion and submit it to the Court along with the motion. Failure to submit a proposed entry may result in delay in ruling or denial of the motion.

Applies to

Journal entry

Each entry must identify the claim or motion disposed of, state whether it is final, and identify any claims remaining pending.

All entries shall state the claim or motion which is being disposed by the entry, and shall indicate whether it is a final entry. If the entry does not dispose of all claims, it shall specify what claims remain pending.

Applies to

Preliminary judicial report

The preliminary judicial report must establish the property’s chain of title for at least 40 years and identify all record liens and encumbrances.

The preliminary judicial report shall provide evidence of the state of the title to the property in question covering the chain of title for at least forty (40) years and must show all liens and encumbrances on the property, as may appear of record.

Applies to

Preliminary judicial report

The preliminary judicial report must be effective within thirty (30) days before filing the complaint or other pleading requesting a judicial sale.

The preliminary judicial report shall be effective within thirty (30) days prior to the filing of the complaint or other pleading requesting a judicial sale and shall include at least all of the following:

Applies to

Preliminary judicial report

The preliminary judicial report must include a legal description of each parcel to be sold at the judicial sale.

(1) A legal description of each parcel of real estate to be sold at the judicial sale;

Applies to

Preliminary judicial report

The preliminary judicial report must state the property’s street address or, if none exists, identify the fronting road and the immediately surrounding north/south or east/west roads.

(2) The street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate;

Applies to

Preliminary judicial report

The preliminary judicial report must identify the record owner or owners of the real estate to be sold.

(4) The name of the owner(s) of record of the real estate to be sold;

Applies to

Preliminary judicial report

The preliminary judicial report must cite the volume and page or instrument number of the recording through which the owners acquired title.

(5) A reference to the volume and page or instrument number of the recording by which the owner(s) acquired title to the real estate;

Applies to

Preliminary judicial report

The preliminary judicial report must include each lienholder’s name and address and, when applicable, the name and address of the lienholder’s attorney as shown on the recorded lien.

(7) The name and address of each lienholder and the name and address of each lienholder's attorney, if any, as shown on the recorded lien of the lienholder.

Applies to

Motion

Must include

proposed order

A movant filing a default-judgment or summary-judgment motion in a foreclosure case must submit a proposed decree of foreclosure.

Upon filing a motion for default judgment or motion for summary judgment in a foreclosure case, the movant shall submit a proposed decree of foreclosure.

Applies to

Final judicial report

The movant must also file a final judicial report showing changes in the record state of title from the preliminary report’s effective date through the date of lis pendens.

The movant shall also file a final judicial report showing the record state of title from the effective date of the preliminary judicial report to the date of lis pendens.

Applies to

Proposed decree of foreclosure and confirmation of sale journal entry

The proposed foreclosure decree and journal entry confirming sale must be sent to the Medina County Prosecutor’s Office for approval at least seven days before submission to the assigned judge.

At least seven (7) days prior to submitting the proposed decree of foreclosure and the journal entry for confirmation of sale to the assigned judge, the entries shall be provided to the Medina County Prosecutor’s Office for approval.

Applies to

Foreclosure decree praecipe and confirmation of sale judgment

Before filing, the Tax Map Office of Medina County must approve the legal descriptions in the foreclosure decree, praecipe for order of sale, and judgment entry confirming sale as accurate.

Prior to filing with the Clerk of Courts, the legal description set forth in the Decree of foreclosure, praecipe for order of sale, and the judgment entry for confirmation of sale must be approved as accurate by the Tax Map Office of Medina County.

Applies to

Written notice of automatic stay

Must include

case number

The written notice of the automatic stay must include the bankruptcy case number, petition date, Bankruptcy Court name, and debtor names.

The notice shall include the bankruptcy case number, the date the bankruptcy petition was filed, the name of the Bankruptcy Court and the names of the debtors.

Applies to

Motion

Every criminal motion must be supported by a memorandum containing citations of authority under Crim.R. 47.

All motions must be supported by a memorandum which contains citations of authority pursuant to Crim.R. 47.

Applies to

Request for investigator or expert

Assigned counsel may request an investigator or expert only when a particularized and articulable need exists.

Assigned counsel shall comply with this duty and shall not request the appointment of an investigator or expert in a case unless a particularized and articulable need exists.

Applies to

Motion to hire investigator

Assigned counsel may employ an investigator only after obtaining an order from the Court.

Investigators shall not be employed by assigned counsel unless ordered by the Court.

Applies to

Motion to hire investigator

A motion to hire an investigator must be filed at least 30 days before trial and must detail the particularized need and approximate expense.

Counsel shall file a motion to hire an investigator at least thirty (30) days before trial. Said motion shall set forth in detail the particularized need for such investigator and the approximate expense that would be incurred if the motion were granted.

Applies to

Motion to hire investigator

The Court authorizes funds for an investigator only upon a showing of particularized need, a reasonable probability of aiding the defense, and a resulting unfair trial without assistance.

The Court will not authorize funds to hire an investigator unless the defendant shows a particularized need, a reasonable probability that an investigator would aid in the defense, and that denial of investigative assistance would result in an unfair trial.

Applies to

Motion for appointment of expert

Assigned counsel may employ an expert only with leave of the Court.

Experts shall not be employed by assigned counsel except by leave of Court.

Applies to

Motion for appointment of expert

A motion for appointment of an expert must be filed at least 30 days before trial and must detail the particularized need and approximate expense.

Counsel shall file a motion for the appointment of an expert at least thirty (30) days before trial. Said motion shall set forth in detail the particularized need for such expert and the approximate expense that would be incurred if the motion were granted.

Applies to

Motion for appointment of expert

The Court authorizes funds for an expert only upon a showing of particularized need, a reasonable probability of aiding the defense, and a resulting unfair trial without assistance.

The Court will not authorize funds to hire an expert unless the defendant shows a particularized need, a reasonable probability that an expert would aid in the defense, and that denial of expert assistance would result in an unfair trial.

Applies to

Preliminary judicial report

The preliminary judicial report must describe the property’s record title, but need not include previously recorded easements, restrictions, setback lines, declarations, conditions, covenants, reservations, or rights-of-way.

(6) A description of the record title to the real estate; however, easements, restrictions, setback lines, declarations, conditions, covenants, ===== PAGE 18 ===== reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included; and

Applies to

Application for fees

Invoices for investigators and experts must be submitted with assigned counsel's fee application on a separate sheet.

Invoices for investigators and experts shall be filed with assigned counsel’s application for fees, on a separate sheet.

Applies to

Subpoena

An attorney who has appeared for a party may sign and issue a subpoena on behalf of the court where the action is pending.

An attorney who has filed an appearance on behalf of a party in an action may sign and issue a subpoena on behalf of the Court in which the action is pending.