Morgan County Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Proceedings in aid of execution

The filing attorney’s name must appear in the designated place on the original and every copy.

The name of the attorney filing the proceedings shall appear at the place provided on the original and upon all copies.

CRITICAL

Applies to

Motion to withdraw as trial attorney

An attorney who has appeared may withdraw as trial attorney only by written motion showing good cause and after notice to the client.

No attorney who has entered his or her appearance in a case may withdraw as trial attorney except upon written motion for good cause shown and after notice to the client.

CRITICAL

Applies to

Pretrial statement

Each counsel must submit a written pretrial statement identifying the issues, stipulated matters, and legal questions for trial.

Each counsel shall present to the court in writing a statement of the issues involved, the matters stipulated, and the questions of law which are to be resolved by trial.

CRITICAL

Applies to

Release or assignment of judgment

A release or assignment of judgment must be in writing and signed by a person authorized to execute it.

Releases and assignments of judgment shall be in writing and signed by a person authorized to execute the instrument.

CRITICAL

Applies to

Journal entry

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

The Journal Entry shall state which party will pay the court costs.

CRITICAL

Applies to

Papers offered for filing

Papers offered for filing must include a title identifying the filer, party designation, and document nature, along with the designated trial attorney’s typed name, signature, office address, and office telephone number.

All papers offered for filing with the Court shall be identified by including: 1. A title containing the name and party designation of the party filing it and the nature of the document (e.g. Defendant John Doe's Answer); and 2. The typed name, signature, office address, and office telephone number of the designated trial attorney.

CRITICAL

Applies to

Journal entry

Counsel for the party in whose favor an order or judgment is rendered must prepare a journal entry.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.

CRITICAL

Applies to

Jury demand

Prospective jurors may be summoned only after a written jury demand is filed, unless the potential penalty for a single offense is at least 365 days.

Prospective jurors shall be sum moned only u pon the fi ling of a written "ju ry demand" or where the potential penalty is three h u nd red sixty-five (365) days or more for any single offense.

CRITICAL

Applies to

Motion

Motions must clearly and specifically state their grounds, include supporting citations, and attach copies of foreign and federal decisions; noncompliant motions will be summarily overruled.

All motions shall set forth clearly and specifically the grounds for such motions, along with supporting citations (copies of foreign and federal decision to be attached). Any motions filed which are not in compliance with this Rule shall be summarily overruled.

CRITICAL

Applies to

Motion to suppress

A motion to suppress must specify the items of evidence at issue.

In Motions to Suppress, the items of evidence in question shall be specified.

CRITICAL

Applies to

Confirmation and distribution entry

The party requesting a sale must prepare the confirmation and distribution entries, stating that the sale was regular and proper and identifying any balance still due, 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

Transcript

A transcript filed with the Court must include the reporter’s name, address, and telephone number.

Every transcript filed in this Court shall bear the name, address and telephone number of the court reporter making the same.

CRITICAL

Applies to

Requested jury instructions

Counsel must provide the text and supporting authority for requested jury instructions at least ten days before trial.

Each counsel shall provide in writing the text of, and citations of authority for, any instructions requested at least ten (10) days before the date of the jury trial.

CRITICAL

Applies to

Pretrial statement

Counsel must file a written pretrial statement identifying expected witnesses and addressing the specified trial, jury, and damages issues.

Each counsel shall file with the Court in writing a statement indicating the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether a view will be requested; whether a jury trial, if previously demanded, will now be waived, and if not, the number of jurors demanded; and whether the case is one where the issue of damages should be tried separately if liability is found.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing facts, citations, and counsel’s arguments.

All motions must be in writing and accompanied by a written memorandum containing facts, citations and arguments of counsel.

CRITICAL

Applies to

Complaint

Plaintiffs must tender enough service copies for all defendants with the original complaint.

Plaintiffs shall tender with the original Complaint a sufficient number of service copies for all defendants to be served.

CRITICAL

Applies to

Jury summons

A juror summons must be understandable to a person unfamiliar with legal process and explain how and when to respond and the consequences of failing to respond.

The juror summons shall be phrased so it can be readily understood by an i nd ivid ual u nfamiliar with the legal process. The j ury summons shall clearly explain how and when the recipient m ust respond and the co nseq uences for failing to respond .

CRITICAL

Applies to

Entry

An entry will not be accepted for filing unless a judge has signed it.

No entry shall be accepted for filing unless signed by a judge.

CRITICAL

Applies to

Transcript bill

A transcript bill ordered by a judge may be approved only if the reporter certifies that the charge is fair and lawful.

No bill for any transcript ordered by a judge shall be approved unless the same is certified by the reporter that the charge therefore is fair and conforms to the law.

CRITICAL

Applies to

Entry

Trusteeship legal-service fees may be added or increased only through an entry endorsed by counsel and the debtor.

Fees for legal services rendered the debtor by counsel of record in the trusteeship may be added or increased only by entry endorsed by counsel and the debtor.

CRITICAL

Applies to

Motion

Motions must be written and accompanied by a written memorandum stating the facts and counsel’s arguments.

All motions shall be made in writing and accompanied by a written memorandum containing the facts and the arguments of counsel.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a previously scheduled hearing in another court must include a copy of that hearing notice.

If a continuation is requested due to a prior set hearing in another court, a copy of the notice of such hearing shall accompany said motion.

CRITICAL

Applies to

Documents filed for represented parties

Documents filed for represented parties must be signed by one attorney in that attorney’s individual name as trial attorney.

All documents filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney.

CRITICAL

Applies to

Continuance motion

Attorneys submitting a continuance motion must include an entry with blanks for the new trial or hearing time and date.

Attorneys submitting motions for continuance shall accompany them with an entry providing blanks for the new trial of hearing time and date.

CRITICAL

Applies to

Electronically filed pleading or other document requiring attorney signature

An electronically filed document requiring an attorney's signature must use the stated slash signature and include the attorney name, Ohio Supreme Court number, party representation, and address.

A pleading or other document requiring an attorney's signature shall be signed in the following manner if filed electronically: " / (attorney name) /. " The correct format for an attorney signature is as follows: • /Ohio Attorney/ • attorney's name (typed) • Ohio Supreme Court Number • Attorney for (Plaintiff/Defendant) • Address

CRITICAL

Applies to

Jury trial request

Jury-trial requests must comply with Civil Rule 38.

Requests for trial by jury shall be made in accordance with Civil Rule 38.

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an attorney admitted to practice in Ohio.

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio.

CRITICAL

Applies to

Motion

A motion other than a continuance motion must include a memorandum identifying supporting questions and authorities; without one, the motion will be stricken.

Any motion other than for continuance under Rule 9.00 shall be accompanied by a memorandum indicating the questions and authorities in support thereof; absent such a memorandum, motion shall be stricken from the files.

CRITICAL

Applies to

Special damages itemization

Counsel must submit a written itemization of any claimed special damages.

Each counsel shall present in writing to the Court an itemization of all special damages claimed, if any.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must be submitted with an entry.

Upon perfection of service, the Clerk shall notify counsel of the Default and that a failure to submit a Motion for Default Judgment with an Entry within fifteen (15) days may result in the case being dismissed.

CRITICAL

Applies to

Paper

Must include

case number

The case number must be given when filing papers or bringing a case to the Court’s attention.

Thereafter, in filing any papers therein or calling the attention of the Court to any case, its number must be given.

CRITICAL

Applies to

Proposed written jury instructions

Proposed written jury instructions must be submitted no later than seven days before trial.

Proposed written instructio ns shall be subm itted not later than seven (7) days before trial.

CRITICAL

Applies to

Default judgment application

Prevailing counsel must submit an application for default judgment after notice that the case has defaulted.

Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application of default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.

WARNING

Applies to

Entry

An entry must use language appropriate to the specific case in which it is filed.

An entry shall be drawn in language that is appropriate to the specific case in which it is to be filed.

WARNING

Applies to

Oral hearing request

A request for an oral hearing on a motion must be made in writing, and the Court must deem a hearing necessary.

There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary.

WARNING

In a civil matter, a court attorney, officer, or attaché, or a member of that person's immediate family, must not furnish bail or surety through the clerk.

No attorney, officer, or attache' of the court, nor any member of his or her immediate family, shall furnish bail or surety by the clerk of this court, in any civil matter.

WARNING

Applies to

Pretrial exhibits

Counsel must bring to the pretrial all exhibits expected to be offered at trial, if practicable.

Each counsel shall bring to the pretrial, all exhibits if practicable, which are expected to be offered in evidence at the trial.

WARNING

Applies to

Stenographic recording request

A party requesting stenographic recording must ensure the court receives written notice at least 15 days before the hearing.

Either party to the cause of action may request the court proceeding be recorded by stenographic means if the court has received written notice of the request at least fifteen (15) days prior to the hearing.

INFO

Applies to

Pretrial memorandum

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

The pretrial shall be conducted in accordance with Criminal Rule 17. 1 and a memorandum of the matters agreed upon should be filed in said case.