Napoleon Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Record and transcript

Court records and transcripts must be authenticated with the Clerk's signature and the Court's seal.

All records and transcripts of records of this Court shall be authenticated over the signature of the Clerk with the seal of the Court attached.

CRITICAL

Applies to

Fax filing document

If an exhibit cannot be accurately faxed, the faxed document must include an insert page describing the exhibit and why it is missing.

Each exlubit 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

Fax filing document

A party faxing a signed document represents that the physically signed source document is in that party’s possession or control.

A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

CRITICAL

Applies to

Complaint

A civil action must be commenced by filing a complaint with the Clerk, subscribed and sworn to by the plaintiff or, when permitted by law, the plaintiff's agent or attorney.

Every civil action in this Court shall be commenced by f i l ing in the office of the Clerk a pleading, duly subscribed and sworn to by the plaintiff or, as permitted by law, his agent or attorney, which shall be known as the II Comp 1ai nt 11 •

CRITICAL

Applies to

Complaint

A complaint must state each plaintiff's full name and residence, each defendant's name and residence address if known, and concise facts and a demand conforming to the Ohio Rules of Civil Procedure; replevin and forcible-entry-and-detainer complaints must also follow the applicable County Court Code forms.

Said Complaint shal l contain: (1) The full name and residence of each plaintiff in the caption thereof. (2) The name and residence address of each defendant, if known . (3) A concise statement of facts and a demand conforming to the require- ments of the Ohio Rules of Civil Procedure . (4) In replevin and i n forcible entry and detainer cases the Comp la.int ... shal l conform to and follow so far as applicable the forms of affi- · davits and complaints in such cases as prescribed by the County Court Code.

CRITICAL

Applies to

Motion

Each motion must be filed with a brief of the authorities relied upon.

A brief of authorities relied upon must be filed with each motion.

CRITICAL

Applies to

Judgment entry

A judgment entry must be approved by the trial judge, or another judge if the trial judge is absent, before it is placed on the journal.

Such entries shal l be approved by the trial judge or, in his absence, by another judge, before being placed upon the journal.

CRITICAL

Applies to

Request for other writ or order

Other writs or orders may be issued only upon written request.

Other writs or orders may be issued only on written request.

CRITICAL

Applies to

Fax filing cover page

Must include

caption, judge name, case number

A fax filer must provide a cover page with the specified case, filing, transmission, filer, and applicable cost-submission information.

4.01 The person filing a document by fax shall also provide therewith a cover page containing the following important information: 1. The name of the court 2. The title of the case 3. The case number 4. The assigned judge 5. The title of the document being filed 6. The date of transmission 7. The transmitting fax number 8. An indication of the number of pages included in the transmission, including the cover page. 9. If a judge or case number has not been assigned, state that fact on the cover page. 10 . The 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, and 11. If Applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Judgment entry

If the trial judge requires attorneys or parties to prepare judgment entries, they must submit them to opposing counsel or parties, who must approve or reject them within five days of receipt.

The trial judge may require attorneys or parties in any case to prepare judgment entries and to submit them to opposing counsel or parties who shall approve or reject the same within five (5) days from date received.

CRITICAL

Applies to

Judgment entry

Judgment entries must be submitted in duplicate.

All entires shall be submitted in duplicate .

CRITICAL

Applies to

Affidavit

Every criminal action must be commenced by filing a proper affidavit with the Clerk, with the original and at least one copy; the complaining witness must furnish more copies if the Clerk considers them necessary.

Every criminal action in this Court sha ll be commenced by filing in the Clerk's office a proper affidavit. The origi nal affidavit shal l be accom- pan i ed by at least one copy thereof and more copies shal l be furnished by the complaini ng witness if the Clerk at any time considers more than one copy nec- essary.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, judge name, case number

An exhibit filed separately must be attached to a cover sheet identifying the court, case, case number, judge, and exhibit, and the cover sheet must be signed and served under the rule for pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the captions 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's Smith' s Response to Defendant' s Motion to Dismiss), and shall be signed and served in conformance with the rule governing the signing and service of pleadings in this court.

CRITICAL

Applies to

Fax filing document

A party faxing a signed source document must fax either the signed document or an unsigned copy bearing the specified “Isl” notation and signer’s name.

A party who wishes to file a signed source document by fax shall either: 1. Fax a copy of the signed source document; or 2. Fax a copy of the document without the signature but with the notation "Isl" followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Entry

When a motion to a pleading is sustained or overruled, the Court must promptly set the rule day for amendment or further pleading, and counsel must prepare and submit a proper entry reflecting it.

(2) Upon motion to a pleading being sustained or overruled, the rule day for amending or pleading further shall be forthwith fixed by the Court and proper entry to that effect shall be prepared and submitted by counsel.

CRITICAL

Applies to

Filing paper

Must include

case number

The case number must be provided when filing any paper in a civil action or calling the Court's attention to a case.

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

WARNING

Applies to

Warrant

So far as possible, attorneys for complaining witnesses should prepare—or assist the Clerk in preparing—warrants to be issued on affidavits they file.

So fa r as possible, attorneys for complaining wi tnesses shall prepare, or assist the Clerk in the preparati on of, warrants to be issued on affidav its filed by them.

WARNING

Applies to

Summons and writs

Summonses and writs issued by the Court must use the stated style.

The style of sutrdllons and writs to be issued by this Court shall be: The State of Ohio, Napoleon Municipal Court Henry County. Napoleon, Ohio.