Miamisburg Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Small claims complaint

A Small Claims filing must provide the defendant’s full, complete, and current address; partial addresses are not accepted.

The defendant’s address must be full, complete and current. The Small Claims Division will not accept a partial address.

CRITICAL

Applies to

Complaint

A complaint must provide the specified party and attorney information, and the original filing must include copies for defendants with separate interests.

A. COMPLAINT: The complaint shall contain the full name and residence of each plaintiff and defendant and the name and attorney registration number of the attorney for the plaintiff. The original filing shall have a sufficient number of copies for all defendants who have separate interests.

CRITICAL

Applies to

Jury demand

A party seeking a jury trial must file a written demand in accordance with the Civil Rules.

F. JURY TRIAL DEMAND AND DEPOSIT – CIVIL: A party desiring a jury shall file a demand in writing in accordance with the Civil Rules.

CRITICAL

Applies to

Small claims transfer

Transfer of a small claims matter to the regular docket requires filing a motion and affidavit and paying the filing costs.

Upon filing of motion and affidavit, as required by §1925.10 of the Ohio Revised Code, and upon payment of the required cost, the small claims matter will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

CRITICAL

Applies to

Electronically produced ticket

An electronically produced ticket must conform in all substantive respects to the Ohio Uniform Traffic Ticket required by Traffic Rule 3.

The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket required by Traffic Rule 3.

CRITICAL

Applies to

Request for ordinary mail

When the certified-mail process described in this section results in an unclaimed or refused summons, the attorney must complete a Request for Ordinary Mail form before the summons is sent by ordinary mail.

The attorney completes the form “Request for Ordinary Mail” and the summons is then sent to ordinary mail.

CRITICAL

Applies to

Bail bond agent registration

To register, a bail bond agent must file a certified copy of the appointment by power of attorney from each represented insurer with the Clerk of Court, Criminal Division.

To register, a bail bond agent shall file with the Clerk of Court, Criminal Division, a certified copy of the surety bail bond agent’s appointment by power of attorney from each insurer that the bail bond agent represents.

CRITICAL

Applies to

Writ of restitution

If restitution is granted and the tenant does not vacate and remove property, the landlord must file a writ of restitution with the Clerk of Court.

Upon the granting of restitution, if the tenant fails to vacate the premises and remove his property therefrom, the landlord shall file a writ of restitution with the Clerk of Court and pay the applicable fee.

CRITICAL

Applies to

Jury trial waiver

In a criminal case, a later jury-trial waiver must be written, signed by the defendant, made in open court, and submitted no later than five working days after the final jury pretrial date.

In a criminal case, once a written demand for a jury trial has been filed, any subsequent waiver of the jury trial shall be made in writing no later than five (5) working days after the final Jury pre-trial date. This waiver must contain the signature of the defendant and must be made in open court.

CRITICAL

Applies to

Order in aid of execution

An Order in Aid of Execution must show the filing attorney’s name at the bottom of every copy and be submitted in enough copies for each party to be served and the Clerk.

No Order in Aid of Execution shall be accepted by the Clerk unless the name of the attorney filing same appears at the bottom of each copy. The Clerk shall not accept such orders unless one copy is furnished for each party to be served and one copy for the Clerk.

CRITICAL

Applies to

Continuance motion

A continuance for a scheduling conflict with another court will be considered only if the motion complies with the Ohio Rules of Superintendence and includes a copy of the conflicting court notice.

Continuance because of a scheduling conflict with another court of record will be considered only if a motion thereof is filed in conformity with the Rules of Superintendence of the Courts of Ohio, accompanied by a copy of the conflicting court notice

CRITICAL

Applies to

Bond filing

A bail bond agent must produce a current state bail license each time a bond is filed.

A bail bond agent must produce a current state bail license each time a bond is filed in the Miamisburg Municipal Court (§3905.84 and §3905.85 of the Ohio Revised Code).

CRITICAL

Applies to

Facsimile filing

An exhibit that cannot be accurately faxed must be replaced by an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Objections to magistrate report

Objections to a magistrate’s report must specifically state the objections and the relief requested.

The objecting party must state with specificity his objections to said report and the relief requested.

CRITICAL

Applies to

Fax filing

Must include

judge name, case number

A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer information, including a statement if no judge or case number has been assigned.

The person filing a document by fax shall also provide therewith a cover page containing the following information: [See appendix for sample cover page form.] (a) name of the court: (b) title of the case; (c) case number; (d) assigned judge; (e) title of the document being filed; (f) date of transmission; (g) transmitting fax number; (h) an indication of the number of pages included in the transmission, including the cover page; (i) if a judge or case number has not been assigned, state that fact on the cover page; and (j) name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available.

CRITICAL

Applies to

Bail bond

A bail bond agent must register with the Clerk before a bond may be filed.

The Miamisburg Municipal Court requires a bail bond agent to register with the Clerk of the Miamisburg Municipal Court before a bond may be filed in this Court. (§3905.87 of the Ohio Revised Code).

CRITICAL

Applies to

Confirmation entry

The party requesting the sale must prepare the confirmation-in-distribution entry, stating that the sale was regular and proper unless the court directs otherwise and stating any remaining judgment balance.

Entries of confirmation in 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

Bail bond agent registration

A bail bond agent must keep registration current by filing a certified copy of a renewed power of attorney by August 1 of each odd-numbered year.

The bail bond agent shall keep his or her registration current by filing a certified copy of a renewed power of attorney by the first day of August of each odd-numbered year.

CRITICAL

Applies to

Small claims action

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

A small claims action is commenced by filing a small claims petition, pursuant to §1925.04 of the Ohio Revised Code.

CRITICAL

Applies to

Continuance motion

A scheduling-conflict continuance motion must comply with the Ohio Rules of Superintendence and include a copy of the conflicting court notice.

Continuance because of a scheduling conflict with another court of record will be considered only if a motion thereof is filed in conformity with the Rules of Superintendence of the Courts of Ohio, accompanied by a copy of the conflicting court notice and the motion is filed not less than two working days prior to trial.

CRITICAL

Applies to

Jury trial demand

A jury-trial demand must be written and filed with the Clerk by the earlier of 10 days before trial or the third day after receiving notice of the trial date.

A demand for a trial by jury must be in writing and filed with the Clerk of Court not less than ten (10) days prior to the date set for trial, or on or before the third (3rd) day following receipt of notice of the date set for trial, whichever is earlier.

CRITICAL

Applies to

Summons

After a complaint and praecipe are filed, the summons must be issued forthwith, signed by the Clerk or Deputy, and bear the Court’s seal.

B. SUMMONS AND RETURN: Upon the filing of a complaint and praecipe, Summons shall be forthwith issued, signed by the Clerk or Deputy and shall bear the seal of the Court.

CRITICAL

Applies to

Trustee appointment application

A trustee appointment application must include a complete and accurate sworn statement containing the listed debtor, employer, earnings, and creditor-notice information.

The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of: 1. The debtor’s name, address, and marital status; 2. The name and address of the debtor’s employer or employers; 3. The amount of the debtor’s gross earnings for a period of 30 days; and 4. A statement indicating the name of the creditor from whom the fifteen (15) day written notice of proceeding against the debtor’s earning was received.

CRITICAL

Applies to

Notice of appointment

Each appointment notice must state the applicant’s name, the amount claimed due, the time and place for objections to be heard, and a place for the creditor’s verification or objection.

Each notice shall contain the name of the applicant, the sum applicant claims is owing the creditor, the time and place objections to said applications shall be heard, and a place for the verification or objection of the creditor.

CRITICAL

Applies to

Notice of appointment

When filing the application, the debtor’s attorney must deliver two copies of the appointment notice and a stamped, addressed envelope for each listed creditor to the Clerk.

At the time of filing the application, the attorney for the debtor shall deliver to the Clerk two (2) copies of a notice of the appointment for each creditor listed in the application, together with a stamped envelope properly addressed to each creditor.

CRITICAL

Applies to

Journal entry

Counsel for the prevailing party must prepare a journal entry and submit it to opposing counsel within five days of the decision; opposing counsel must approve or reject it within ten days.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within ten (10) days

CRITICAL

Applies to

Journal entry

The journal entry should state which party will pay the court costs.

The journal entry shall state which party will pay the court costs.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, judge name, case number

An exhibit filed separately must have a cover sheet with the specified case and exhibit information, and the exhibit must be signed and served under the rules for pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

WARNING

Applies to

Signed source document

A party who wishes to file a signed source document by fax shall either: (a) fax a copy of the signed source document; or

A party who wishes to file a signed source document by fax shall either: (a) fax a copy of the signed source document; or

WARNING

Applies to

Fax filing

A fax-filed document is the effective original, but the filer must retain the source document and source cover sheet, make them available to the court on request, and keep the source document until the case and post-judgment opportunities are concluded.

A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. 2. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

WARNING

Applies to

Fax cover sheet

The fax cover sheet must state the number of pages, including the cover sheet itself.

NUMBER OF PAGES (including this page):

WARNING

Applies to

Fax cover sheet

Must include

case number

The fax cover sheet must state the case number or “None” if no case number has been assigned.

CASE NUMBER: (If no case number yet, state “None”)

WARNING

Applies to

Objections

Objections should state specifically why a new hearing is requested.

The objections to the magistrate’s findings should state, with specificity, the reason a new hearing is requested.

WARNING

Applies to

Missing exhibit

The court may strike the document and/or exhibit if the missing exhibit is not filed as required.

Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

WARNING

Applies to

Motion

All motions should be in writing and accompanied by a written memorandum containing citations and the arguments of counsel.

All motions should be in writing and accompanied by a written memorandum containing citations and the arguments of counsel.

WARNING

Applies to

Jury summons

The notice summoning a person to jury service will explain how and when the recipient must respond and the consequences for failure to respond.

The notice summoning a person to jury service will explain how and when the recipient must respond and the consequences for failure to respond.

WARNING

Applies to

Pretrial memorandum

A memorandum of matters agreed upon at pretrial should be filed in the case.

The pre-trial shall be conducted in accordance with Criminal Rule 17.1 and a memorandum of the matters agreed upon should be filed in said case.

WARNING

Applies to

Small claims complaint

A corporate plaintiff’s complaint may be signed by its attorney, an officer, or a salaried employee, while a partnership’s affiant must be a partner.

In instances where the plaintiff is a corporation, the signatory of the plaintiff’s complaint may be an attorney representing the plaintiff, an officer of the corporation, or a salaried employee of the corporation. In instances of partnership, the affiant must be one of the partners.

INFO

Applies to

Answer

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

No defendant is required to file an answer or statement of defense.