Middletown Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

A complaint appealing a BMV suspension must include the petitioner's signed affidavit with the listed information relevant to work-related driving privileges.

A complaint appealing a BMV suspension shall have attached an affidavit signed by the petitioner setting forth matters necessary to consider work-related driving privileges. This includes home address, employer's business name and address, days and hours of work, business vehicles and reasons for driving during work.

CRITICAL

Applies to

Small claims information sheet

Attach evidence supporting each item of damage.

PROOF: (MUST ATTACH EVIDENCE TO SUPPORT EACH ITEM OF DAMAGE)

CRITICAL

Applies to

Document filed in civil action

Must include

case number

After a civil-action number is assigned, every later document submitted in the case must display that number typed or printed so it is easily seen, and the Clerk may refuse documents without it.

Once a Civil Action is filed and a number assigned to it, any document whatsoever which may be thereafter presented for filing in said case shall bear the number assigned to it, and no document shall be accepted for filling, regardless of its nature, unless its case number is displayed upon it. Such number shall be typed or printed upon such document so as to be easily seen. The Clerk of Court shall have the right to refuse to file any document in a Civil Action which does not bear the assigned case number.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must be written and state the specified filing, service, and answer-date information, with an evidence-supported list of damages.

All Motions for Default Judgment shall be in writing and clearly state the complaint was filed, how service was made, proof of service and answer date. All Motions for Default Judgment shall also contain a list of all damages supported by evidence.

CRITICAL

Applies to

Agreement of counsel

Agreements of counsel must be filed with the case or dictated into the record.

Agreements of counsel with each other, with a party, or with an officer of the court, shall be filed with the case or dictated into the record.

CRITICAL

Applies to

Pretrial form

If used, the Prosecutor's Pretrial form must include the listed case, counsel, plea, and continuance information.

The Pretrial form as prepared by the Prosecutor, if utilized, shall include the name of the defendant, the case number, the type of offenses charged, the defense attorney's name, if any, the proposed plea agreement, any continuances in the motion, hearing, or trial dates.

CRITICAL

Applies to

Small claims complaint

The plaintiff must provide the clerk with a full, complete, and current address for every party.

The plaintiff shall provide the clerk with a full, complete and current address of all parties.

CRITICAL

Applies to

Plea form

If a plea form does not contain a case number, its caption must include the ticket number, if any, and the nature of the offenses.

If the plea form does not contain a case number, the following information shall be provided in the caption of the form: (1) Ticket number, if any; (2) Nature of offense(s);

CRITICAL

Applies to

Service by publication

The party requesting service by publication must obtain the publication affidavit, a copy of the published notice, and proof of payment, and file them with the Clerk.

It shall be the responsibility of the party requesting Service by Publication, to obtain from said publication, the Affidavit of Publication, including copy of the published notice, and proof of payment of costs thereof, and to file same in the Office of the Clerk.

CRITICAL

Applies to

Complaint and pleading adding new parties

Must include

caption

A complaint must state all parties' full names and addresses in its caption, and pleadings adding parties must state the new parties' addresses or say when an address is unknown.

Every Complaint filed shall contain in the caption thereof the full names and addresses of all the parties to the action, and on any cross-claim, counterclaim, or any pleading making new parties to the action, the addresses of such new parties, unless the address of the party is unknown, in which case it shall state the address is unknown.

CRITICAL

Applies to

Written not guilty plea

For written not guilty pleas on multiple charges, counsel must ensure a signed, completed, file-stamped plea form for each offense and notify the Clerk of the number of charges.

When filing written not guilty pleas on multiple charges, it is counsel's duty to ensure that a plea form is signed and completed and file stamped for each offense (incident) and to notify the Clerk of the number of charges.

CRITICAL

Applies to

Pleading

Must include

certificate of service

A pleading without a request for service must include a certificate verifying proof of service by the filing party.

All pleadings that do not include a request for service shall include a certificate verifying proof of service by the party filing the pleading.

CRITICAL

Applies to

Motion to suppress

Motions to suppress must specify both the grounds and the evidence sought to be excluded.

In motions to suppress, both the grounds and the items of evidence sought to be excluded shall be specified.

CRITICAL

Applies to

Complaint or summons

A complaint or summons must comply in form and content with the Ohio Rules of Criminal and Traffic Procedure.

The Complaint or Summons shall comply in form and content with the provisions pertaining to complaints and summons set forth in the Ohio Rules of Criminal and Traffic Procedure.

CRITICAL

Applies to

Summons

The summons in a forcible-entry-and-detainer possession case must notify the defendant of the answer-or-appearance deadline.

In Forcible Entry and Detainer cases on the issue of possession of the premises, said summons shall notify the defendant that defendant must answer or appear on the first Tuesday following the fifth day after defendant has been served with the summons;

CRITICAL

Applies to

Pretrial memorandum

A memorandum of matters agreed upon at a pretrial conference must be filed if necessary or ordered.

The Pretrial conference shall be conducted in accordance with Crim.R. 17.1, and, if necessary or ordered, a memorandum of the matters agreed upon shall be filed in the case.

CRITICAL

Applies to

Small claims complaint

A small-claims plaintiff must complete the Court-provided complaint form and submit two copies of each document supporting the claim.

The plaintiff shall complete the Small Claims complaint form as provided by the Court and submit two (2) copies of any document supporting the claim.

CRITICAL

Applies to

Application for admission

A criminal defendant must apply for admission to have the case placed on the Veteran's Specialized Docket.

In order to have his/her criminal case placed on the VETERAN'S SPECIALIZED DOCKET, a criminal defendant must make an application for admission.

CRITICAL

Applies to

Default judgment motion

A proposed entry must accompany a motion for default judgment.

A proposed entry shall accompany the motion.

CRITICAL

Applies to

Document

Must include

case number

Documents presented for filing must display the assigned case number typed or printed so it is easily seen, and the Clerk may refuse documents lacking the assigned number.

Once a Criminal or Traffic case is filed and a number assigned to it, any document whatsoever which may be thereafter presented for filing in said case shall bear the case number assigned to it, and no docket shall be accepted for filing, regardless of its nature, unless its case number is displayed upon it. Such number shall be typed or printed upon such document so as to be easily seen. The Clerk of Courts shall have the right to refuse to file any document, any Civil or Traffic case which does not bear the assigned case number.

CRITICAL

Applies to

Continuance request

Must include

certificate of service

A continuance request must be written and include its reasons, the hearing’s date and time, a certificate of service, and an entry permitting the continuance and setting a new date and time; a scheduling-conflict request must also attach proof of when the other hearing was scheduled.

Every request for a continuance shall: (A) be in writing; (B) state the reasons for the application, (i.e. continuance motions which fail to state a reason for continuance will not be considered). (i.) If the reason for the continuance is that counsel is scheduled to appear at another hearing on the same date and time in another trial court of this State, the case which was first set for trial shall have priority. Therefore, attached to the request for continuance for reason of conflict of hearings shall be proof of the date of scheduling of the other hearing. (ii.) If there is a conflict between civil and criminal cases, criminal cases assigned for trial shall have priority over civil cases. (iii.) If a designated trial attorney has such a number of cases assigned for trial in courts of this State so as to cause undue delay in the disposition of cases in this Court, the Judge may require the trial attorney to provide a substitute trial attorney. If the trial attorney was appointed by this Court or is a Public Defender, the Court may appoint a substitute trial attorney. (C) contain a certificate of service upon all parties, or the legal representative thereof; D) state the time and date of the hearing from which a continuance is being requested; and (E) be accompanied by an Entry permitting said continuance and setting forth a new trial or hearing date and time.

CRITICAL

Applies to

Jury summons

A jury summons must use readily understandable language and explain how and when to respond and the consequences of failing to respond.

The summons shall be phrased to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by registered mail or by an officer of the Court. The summons shall also clearly explain how and when the recipient must respond and the consequences of his/her failure to respond.

CRITICAL

Applies to

Small claims information sheet

The plaintiff must provide the Court with sufficient information to support the claim.

You will need to furnish the Court with sufficient information to support the claim.

CRITICAL

Applies to

Continuance motion

A continuance motion must state whether the right to a speedy trial is waived.

Any continuance motion must state whether a right to speedy trial is waived or not.

CRITICAL

Applies to

Pretrial report

A request for a view by the Judge or Jury must be made at the Pretrial conference and noted in the report.

Request for a view by the Judge or Jury shall be made at the time of the Pretrial conference and noted in the report.

CRITICAL

Applies to

Magistrate decision notice

The notice must advise the parties that failing to file timely objections waives any objections.

The notice shall advise the parties that failure to timely file objections is a waiver of any objections.

CRITICAL

Applies to

Trial counsel appearance

Trial counsel must file a written appearance complying with Rule 4.0 and may withdraw only with the Court’s consent.

All trial counsel shall make a written appearance as a party's attorney which complies with Rule 4.0 herein. Once trial counsel is counsel of record, he or she shall only be allowed to withdraw as trial counsel with consent of the Court.

CRITICAL

Applies to

Pretrial form

The Pretrial form must be signed by all parties and counsel present, with notification to the Assignment Commissioner.

This Pretrial form shall be signed by all parties and counsel present with notification to the Assignment Commissioner.

CRITICAL

Applies to

Magistrate decision

The Magistrate’s Decision must be filed with the Clerk and served on the parties with notice of the fourteen-day objection period.

The Magistrate's Decision shall be filed with the Clerk of Court and served upon the parties with notice of the fourteen (14) day period to file objections to the Court.

CRITICAL

Applies to

Original pleading

Each original pleading must be filed with a complete copy for every party to be served, and the Clerk may refuse a pleading submitted with inadequate copies.

There shall be filed with each original pleading a complete copy for each party to be served. If inadequate copies are furnished, the Clerk may refuse to accept the pleading for filing.

CRITICAL

Applies to

Filed paper

Must include

case number

Each filed paper must include the case number and filer contact information, and an attorney filer must also include a Supreme Court identification number.

All Pleadings, Motions, Leaves to Plead, or other papers filed in an action must bear the case number, the name, address, telephone number, the email address, the facsimile number, of the person filing the document, as well as the Supreme Court identification number if the person filing is an attorney.

CRITICAL

Applies to

Summons

The summons must notify each defendant of the answer-or-pleading deadline and the alternative requirement to appear in court.

said summons shall notify each defendant that he or she must (1) answer or otherwise plead not later than the first Tuesday immediately following the 28 day after the date upon which said defendant was served with summons and copy of the Complaint, or (2) appear on defendant's own behalf, or by counsel, in Court on such Tuesday.

CRITICAL

Applies to

Trial counsel withdrawal application

Must include

certificate of service

An application to withdraw as trial counsel must be written, state its reasons and applicable hearing dates, and include a certificate of service on the client unless the client signs it and on all parties or their legal representatives.

Any applications to withdraw as trial counsel shall: (A) be in writing; (B) state the reasons for the application; (C) contain a certificate of service upon: (i) his or her client, unless said client signs said application; and (ii) all parties, or the legal representative thereof; and (D) state the time and date of all hearing dates, if applicable.

CRITICAL

Applies to

Motion

Motions must be supported by memoranda and/or affidavits, and any hearing request must be stated prominently.

Motions shall be supported by memoranda and/or affidavits. Any request for hearing shall be stated prominently.

CRITICAL

Applies to

Trusteeship participation agreement

A secured creditor electing to participate must enter an agreement with the debtor stating the participation terms by the application hearing, when the Court will approve or disapprove it.

If a secured creditor elects to participate in a Trusteeship, creditor shall enter an agreement with the debtor stating the terms of such participation at or prior to the time of hearing on the application, and said agreement shall be approved or disapproved by the Court at the hearing.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion that does not require an evidentiary hearing must be accompanied by a proposed entry.

All motions wherein an evidentiary hearing is not required shall be accompanied by a proposed entry.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion that can be granted without a hearing must include a proposed order when filed.

All motions which can be granted without a hearing shall be accompanied by a proposed order at the time of the filing of the motion.

CRITICAL

Applies to

Jury demand

A party must make a jury demand and pay the appropriate deposit to avoid waiver of a jury trial.

Trial by jury will be deemed waived unless demand is made and the appropriate deposit is paid pursuant to Rule 17 herein and Chapter 1923 of the Ohio Revised Code.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include the applicant’s sworn, full, accurate, and complete list of secured and unsecured creditors, their addresses, and the amounts owed to each.

Said application shall contain the applicant's full, accurate and complete statement, under oath, of the names and addresses of his secured and unsecured creditors and the amounts owing to each.

CRITICAL

Applies to

Motion

Every motion must be supported by a memorandum stating the facts on which it is based and, if necessary, the law on which the movant relies.

All Motions filed shall be supported by a Memorandum setting forth a statement of facts upon which the Motion is based and a statement of law, if necessary, upon which the movant relies.

WARNING

Applies to

Objections to magistrate decision

Objections to the Magistrate’s Decision should be stated in accordance with Civ.R. 53.

Objections to the Magistrate's Decision should be stated in accordance with Civ.R.53.

WARNING

Applies to

Jury questionnaire

All prospective jurors may be required to complete a jury questionnaire and, if appropriate, request an excuse, exemption or a deferral.

All prospective jurors may be required to complete a jury questionnaire and, if appropriate, request an excuse, exemption or a deferral.

WARNING

Applies to

Jury excuse form

Prospective jurors must submit the Jury Excuse Form to the Clerk of Court’s office to request an exemption, excuse, or deferral.

Prospective jurors shall make all requests for exemptions, excuses and deferrals prior to the date of jury service by returning the Jury Excuse Form to the Clerk of Court's office.

WARNING

Applies to

Oral hearing notice

The notice of oral hearing must specifically state the hearing date and time.

The date and time of hearing shall be specifically set forth in the notice.