Muskingum County Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Stipulation

Stipulations must be written and signed, or made in open court with a memorandum or court-reporter record; otherwise, the Court will not recognize them if disputed.

Stipulations of agreements of counsel or parties to a suit must be reduced to writing and signed by the parties or their respective counsel, or made in open court and a memorandum made thereof or dictated to the court reporter, otherwise, such stipulations or agreements shall not be recognized by the Court if disputed by any of the parties.

CRITICAL

Applies to

Settlement entry

If a settlement entry has not been received within 30 days after the file is marked “settlement entry to come,” the Clerk must notify the party that the case will be dismissed unless the entry is received within the following 10 days.

When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.

CRITICAL

Applies to

Entry

After service is perfected, counsel must file the proper entry, such as a default or agreed entry.

Upon perfection of service, counsel shall file the proper entry, i.e. default entry, agreed entry, etc.

CRITICAL

Applies to

Bench warrant request

If a judgment debtor fails to appear after service of notice, the creditor’s attorney may request a bench warrant, and that request must be in writing to the Court.

If a judgment debtor fails to appear at the scheduled examination, and it appears the debtor was served with notice, the attorney for the creditor may request of the Court that a bench warrant be issued for the arrest of the debtor. The request for a bench warrant shall be made in writing to the Court.

CRITICAL

Applies to

Motion

Motions must be in writing and accompanied by a written memorandum containing citations or counsel’s arguments.

After an answer is filed the case is set for pretrial conference during the next term of court. Any motions to be filed must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.

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

Civil jury demand

A demand for a civil jury trial must be made as required by Civil Rule 38.

A demand for a civil jury trial shall be made as required by Civil rule 38.

CRITICAL

Applies to

Papers filed in small claims case

Must include

case number

The case number must be given when filing any papers in a Small Claims case or calling the Court’s attention to the case.

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

CRITICAL

Applies to

Motion

Motions must be made in writing and accompanied by a written memorandum containing counsel’s arguments.

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

CRITICAL

Applies to

Discovery objection

A discovery objection must be accompanied by a memorandum or brief.

Objections to any discovery motion, application, interrogatories or request under Rules 26 through 37 of the Ohio Rules of Civil Procedure shall be filed within twenty (20) days after service of the formal motion, application, interrogatories or request, and shall be accompanied by a memorandum or brief.

CRITICAL

Applies to

Indigency affidavit

An indigent defendant in a felony or certain misdemeanor case may request appointed counsel and must file an affidavit stating their financial standing in support.

In felony cases and certain misdemeanor cases, if a defendant claims he is indigent, he may request of the Court that an attorney be appointed to represent him. In support of this request, the defendant shall file with the Court an Affidavit setting forth his financial standing.

CRITICAL

Applies to

Request for sheriff removal

After a judgment ordering a defendant to vacate, a request to the Clerk for removal action must be filed before the sheriff may act.

Once a judgment has been rendered ordering a defendant to vacate a house or other building, the Sheriff shall not take action to remove the defendant until a request is filed with the Clerk, requesting that said action be taken

CRITICAL

Applies to

Small claims complaint

Small Claims Complaints must be numbered consecutively with the suffix “CVI” and entered in the Civil Docket Index; the case number must be given when filing later papers or bringing a case to the Court’s attention.

All Small Claims Complaints filed in this Court shall be numbered consecutively and shall carry a suffix of “CVI”. Claims filed shall be entered as numbered and indexed in the Civil Docket Index. Thereafter, on filing any papers therein or calling the attention of the Court to any case, its number must be given.

CRITICAL

Applies to

Pleadings and other papers

Original papers and depositions may not be removed from the Clerk’s office, and copies of pleadings and other papers must be filed with the Clerk in a number determined by the number of complainants or defendants.

Original papers or depositions shall not be removed from the Clerk’s office. Copies of all pleadings and other papers shall be filed with the Clerk and the number of copies shall be determined by the number of complainants or defendants, as the case may be.

WARNING

Applies to

Discovery motion

When timely objections are not filed, a discovery motion, application, or request may be granted as a matter of course upon informal presentation of an appropriate proposed and endorsed order.

F. ENTRIES IN ABSENCE OF OBJECTIONS TO DISCOVERY MOTION, ETC.: Motions, applications and requests, to which objections are not seasonably filed, may be granted as a matter of course (as will orders directing answers to interrogatories) upon the informal presentation of an appropriate proposed and endorsed order by counsel for the party initiating discovery.

WARNING

Applies to

Pretrial

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.

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.