New Philadelphia Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Court filing

Attorneys, except pro se litigants, must identify their capacity as trial counsel on court filings, and a law firm may not be designated as trial counsel.

Attorneys practicing before this Court (except for pro se litigants) shall designate their capacity as trial counsel on all pleadings, motions, petitions, etc. filed in this Court. A law firm shall not be designated as trial counsel.

CRITICAL

Applies to

Speedy trial waiver

An offender entering the diversion program must agree in writing to waive the statutory and constitutional right to a speedy trial.

The offender will not enter a plea initially, but must agree to waive, in writing the statutory and constitutional right to a speedy trial.

CRITICAL

Applies to

Transcript request

A request for a transcript of a court proceeding must be made by motion.

All requests for transcripts of any court proceeding shall be made by motion.

CRITICAL

Applies to

Electronic media evidence

Electronic media evidence in DVD or stick-drive form must be brought to the final pretrial for compatibility testing.

Electronic Media Evidence (DVD/Stick drive) shall be brought to the final pretrial so that compatibility with court equipment can be determined.

CRITICAL

Applies to

Jury service questionnaire

Jurors must answer all questionnaire questions, sign it, and return it to the Court within 10 days of receipt.

ALL QUESTIONS MUST BE ANSWERED. SIGN AND RETURN TO THE COURT WITHIN TEN (10) DAYS OF RECEIPT.

CRITICAL

Applies to

Jury questionnaire

Jurors must complete and return the questionnaire to the Court within 10 days of receipt.

You must complete this questionnaire and return it to the Court, at the above address, within ten (10) days of receipt.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a proposed entry.

All motions shall be accompanied with a proposed entry.

CRITICAL

Applies to

Juror disqualification exception and deferral records

Supporting facts for juror disqualifications, exceptions, and deferrals must be recorded under oath or affirmation, must support the action taken, and the records must be kept for at least two years.

The facts supporting juror disqualification, exceptions, and deferrals shall be recorded under oath or affirmation. No disqualification, exemption or deferral shall be authorized unless the facts support it. These records shall be kept for a minimum of two (2) years.

CRITICAL

Applies to

Stipulation or other multiple signature document

For a document requiring multiple signatures, the e-filer must indicate the other counsel’s or parties’ agreement at the appropriate place, usually on the signature line, using “/s/.”

When a stipulation or other document requires the signature of two or more individuals, the e-filer must indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line, using the representation of a signature “/s/”.

CRITICAL

Applies to

Written jury demand

In an unresolved case, a written jury demand must be filed if the Ohio Rules of Civil and Criminal Procedure require one before jurors are summoned.

Such action shall be prompted by the filing of a written jury demand, if required by the Ohio Rules of Civil and Criminal Procedure, in cases that have not been resolved at pretrial or other appropriate hearing.

CRITICAL

Applies to

Filed document

Filed documents must have appropriate titles, and a filing requesting court action must be titled “Motion.”

All filed documents must have an appropriate title. For example: Any filing requesting an act by the Court, shall be titled “Motion.”

CRITICAL

Applies to

Default judgment motion

For an account-based case, the default-judgment submission must include the account statement and an affidavit proving no subsequent payments were made.

For cases based on an account, the account statement must be submitted, along with proof by affidavit that no subsequent payments have been made on the account.

CRITICAL

Applies to

Jury service excusal postponement request

A juror requesting excusal or postponement must still complete the Jury Service Questionnaire and Juror Qualification.

Even if you are requesting to be excused/postponed, you still need to complete the “Jury Service Questionnaire” and “Juror Qualification.”

CRITICAL

Applies to

Court filing

Court filings must include trial counsel's original signature, identifying and contact information, and Ohio Supreme Court Certificate of Registration number.

All such documents shall bear, in addition to the original signature of trial counsel, counsel's name, office address, office telephone number, fax and email, as well as the number of counsel's Ohio Supreme Court Certificate of Registration, as provided by Ohio Gov. Bar R. VI, § 4.

CRITICAL

Applies to

Claim requiring summons

A filer submitting a complaint or other claim requiring summons must also submit service instructions required by the procedural rules.

When submitting any complaint, third-party complaint, or other claim requiring summons for E-Filing the filing party must also submit instructions for service as required by the Rules of Procedure.

CRITICAL

Applies to

Criminal diversion program participation contract

An offender who elects to participate in the diversion program must sign a participation contract.

If the offender elects to participate, the offender will sign a contract agreeing to participate in the Program.

CRITICAL

Applies to

Affidavit

The defendant or surety and their spouse must sign the Affidavit in the presence of a Notary Public.

6. The Affidavit must be signed by the defendant or surety, and their spouse in the presence of a Notary Public.

CRITICAL

Applies to

Journal entry

When ordered by the Court, counsel for the party in whose favor an entry, order, judgment, or decree is entered must prepare a proper Journal Entry.

However, when ordered by the Court, counsel for the party in whose favor an entry, order, judgment, or decree is entered, shall prepare a proper Journal Entry and submit it to the Court within fourteen (14) days of the order.

CRITICAL

Applies to

Jury service excusal request

A request based on a qualifying physical or mental condition must include health-care-provider-signed written documentation verifying the condition and the requested excusal dates.

___ Physical or mental condition of yourself, or another person under your care, that causes extreme hardship or otherwise renders you incapable of performing jury service. (PROVIDE WRITTEN DOCUMENTATION SIGNED BY A HEALTH CARE PROVIDER VERIFYING THE CONDITION(S) AND DATES OF REQUESTED EXCUSAL)

CRITICAL

Applies to

Jury service excusal postponement request

A request based on extreme financial hardship must include a detailed written explanation.

___ Extreme financial hardship to you or a person in your care. (PROVIDE A DETAILED WRITTEN EXPLANATION)

CRITICAL

Applies to

Jury service excusal postponement request

A full-time high school or college student requesting excusal or postponement must provide a copy of the class schedule.

___ Full-time high school or college student. (PROVIDE COPY OF YOUR CLASS SCHEDULE)

CRITICAL

Applies to

Jury excusal postponement request

An excusal or postponement request must be made on the questionnaire and include the applicable medical excuse, employer-signed letter, or financial-hardship letter.

If you cannot fulfill your obligation to serve at this time, complete Jury Service Excusal/Postponement request portion on the Questionnaire. For a medical release, you must provide a medical excuse from your doctor. If the request is work related, a letter signed by your employer is required. If due to extreme financial hardship, attach a letter stating your situation.

CRITICAL

Applies to

Written notice

A party or counsel who knows interpretive services are needed must immediately notify the Court in writing and identify the language required.

Any party, or counsel for any party, who is aware that there is a need for interpretive services shall notify the Court of that need in writing immediately and the specific language needed.

CRITICAL

Applies to

Jury instructions

Each party must file a complete set of jury instructions suitable for charging the jury by the day of the scheduled Final Pretrial.

Each party shall file a complete set of instructions suitable for charging the jury in the captioned matter no later than the day of the scheduled Final Pretrial.

CRITICAL

Applies to

Civil document

Civil documents must be signed in compliance with Civil Rule 11.

Civil documents must be signed in compliance with Civil Rule 11.

CRITICAL

Applies to

Withdrawal motion

After appearing, an attorney may withdraw only with court leave or notice of substitution; withdrawal requires a written motion stating the reasons, identifying any substitute attorney, and showing notice to opposing counsel and the client.

Once an appearance is made, an attorney may withdraw from a case only with leave of court or notice of substitution of counsel. Withdrawal shall be permitted only upon written motion filed with the court. The motion shall include (1) the specific reasons for requesting withdrawal; (2) the name and address of a substitute attorney, if any; and (3) proof of notification to the opposing attorney and to the client.

CRITICAL

Applies to

Submission

Must include

caption

Submissions must clearly identify the case caption, hearing date, and submitting party.

SUBMISSIONS MUST BE CLEARLY LABELED WITH THE CASE CAPTION, DATE OF HEARING, AND NAME OF THE SUBMITTING PARTY.

CRITICAL

Applies to

Proposed order

Each proposed order must identify the motion it concerns.

Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, judge name, case number

An exhibit filed separately must have a cover sheet identifying the court, case caption and number, judge, and exhibit title.

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, caption 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” with 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.

CRITICAL

Applies to

Motion for leave to apply for writ

For a judgment more than thirty but less than sixty days old, the plaintiff must file a Motion for Leave to Apply for a Writ.

2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

Applies to

Continuance motion

A continuance request based on a conflicting trial date must include the conflicting trial notice.

If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice MUST be attached to the notice.

CRITICAL

Applies to

Facsimile filing

Must include

caption, case number

A fax filer must include a cover page with the specified case, document, transmission, judge, page-count, and filer information, subject to the stated qualifications.

1. The person filing a document by fax shall also include a cover page containing all the following information: a. The case caption; b. The case number; c. The title of the document being filed (e.g. Defendant Jones Answer to Amended Complaint; Plaintiff Smith’s Response to Defendant’s Motion to Dismiss); d. The date of the fax transmission; e. The transmitting facsimile number; f. The name of the judge to whom the case is assigned, if any; g. The number of pages included in the transmission, including the cover page; h. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the document, if available.

CRITICAL

Applies to

Application for appointed counsel program

Attorneys seeking placement on the appointed counsel list must complete the Application for Appointed Counsel Program and submit it to the Court Administrator.

Attorneys who desire to be on the appointed counsel list shall complete the Application for Appointed Counsel Program available online at www.npmunicipalcourt.org or in the Clerk of Court’s Office. The form shall be submitted to the Court Administrator.

CRITICAL

Applies to

Proposed order

An order must include the {Judge Signature} token for the judge.

a. The order must include: {Judge Signature} as signature token for the judge.

CRITICAL

Applies to

E filed document

E-filed documents requiring an attorney’s or filing party’s signature must use a signature representation such as “/s/ (name).”

E-filed documents that require an attorney’s or filing party’s signature must be signed with a representation of a signature such as "/s/ (name)."

CRITICAL

Applies to

Jury service excusal postponement request

Requests to postpone or be excused from jury service may be made only under the circumstances provided by law, and the requester must complete the request portion, select the applicable reason, and attach required documentation.

Ohio law provides that jurors may ask to have jury report dates postponed, or to be excused, only under certain circumstances. The Court must follow the law when considering requests to postpone or excuse. Please complete this portion only if you need to make such a request. Check the appropriate reason(s) and attach complete documentation as required.

CRITICAL

Applies to

Affidavit of indigency

Appointed counsel must obtain an affidavit of indigency from each alleged indigent defendant using Ohio Public Defender form OPD-206R.

Appointed counsel shall obtain from each alleged indigent defendant an affidavit of indigency setting forth the facts in support. Ohio Public Defender form OPD-206R shall be utilized.

CRITICAL

Applies to

Continuance motion

An attorney filing a motion for a continuance must include a proposed entry with the motion.

In the event such continuance is filed by an attorney, a proposed entry MUST accompany the motion.

CRITICAL

Applies to

Motion

Motions made outside a hearing or trial must be written and accompanied by a memorandum stating their grounds and citing relevant authorities.

All motions, unless made during a hearing or trial, shall be in writing and accompanied by a memorandum stating the grounds for the motion and citing relevant authorities.

CRITICAL

Applies to

Affidavit

The submission must include a statement of equity showing that the real estate's value, less the unpaid liens, is at least twice the bond amount.

4. A statement of equity showing the difference in the fair market value of the real estate less the unpaid balances of each lien, equaling a balance of at least twice the amount of the bond;

CRITICAL

Applies to

Real estate bond submission

A certified copy of the property deed from the County Recorder’s Office must be submitted.

5. A certified copy of the property deed from the County Recorder’s Office;

CRITICAL

Applies to

Forcible entry and detainer complaint

A Forcible Entry and Detainer complaint must state the grounds for eviction and include the statutory notice, the written instrument supporting the claim, and a completed and signed filing cover sheet; the Clerk will not accept it without the cover sheet.

A complaint in Forcible Entry and Detainer shall be filed and shall set forth the grounds for the eviction. The complaint shall be accompanied by: 1. A copy of the notice under ORC § 1923.04, 2. A copy of the written instrument upon which the claim is founded and, 3. The completed and signed Forcible Entry and Detainer Filing Cover Sheet. No Forcible Entry and Detainer complaint will be accepted by the Clerk without the Cover Sheet.

CRITICAL

Applies to

Insert page

If an exhibit cannot be accurately transmitted by fax, an insert page must describe the exhibit and why it is missing.

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

CRITICAL

Applies to

Motion to continue

Any motion to continue the hearing date must have supporting documentation attached.

Supporting documentation shall be attached to any motions to continue the hearing date.

CRITICAL

Applies to

Jury demand

A party seeking a jury trial must make a written jury demand as a separate instrument and file it within the time set by the applicable rule.

Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Criminal Rule 23. The jury demand must be in writing by separate instrument. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.

CRITICAL

Applies to

Pro hac vice appearance

Attorneys seeking pro hac vice admission must comply with Ohio Gov. Bar Rule XII certification requirements and familiarize themselves with the local rules.

Attorneys who wish to appear pro hac vice must comply with Ohio Gov. Bar R. XII regarding pro hac vice certification and familiarize themselves with these local rules.

CRITICAL

Applies to

Written recommendations

The State may file written pretrial-release or detention recommendations before a hearing instead of appearing, but they must address all specified considerations, and the Court may still order the prosecutor to appear.

The State shall be prepared to make recommendations to the Court which address all statutory, constitutional, and criminal rule pretrial release or detention considerations, including those listed in Criminal Rule 46(B) and (C). The State shall specifically address the issues of victim protection and public safety in all cases alleging offenses of violence or sexually oriented offenses. The State may file recommendations in writing prior to the times of the hearing and in lieu of appearance, provided that those recommendations address all the above-mentioned considerations. The Court may order the Prosecutor to appear at any hearing, even if written recommendations have been filed.

CRITICAL

Applies to

Affidavit for a real estate bond

A defendant or surety must file an Affidavit for a Real Estate Bond with the listed title certificate, appraisal, and evidence of current encumbrance balances.

The defendant or surety must file an Affidavit for a Real Estate Bond which includes all of the following: Forms are available in the Clerk of Court’s Office. 1. A Certificate of Title issued by a licensed real estate title company showing all owners of the real estate, and spouse(s), if any, and showing all lien holders and the amount claimed in each encumbrance; 2. A current appraisal from the County Auditor or a licensed real estate appraiser, showing the fair market value of the real estate; 3. For each encumbrance identified in the Certificate of Title, satisfactory evidence of the current balance of each encumbrance, including any unpaid mortgages, taxes, or other liens;

CRITICAL

Applies to

Motion

The motion to file instanter must include a signed declaration explaining the missed deadline.

i. The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.

CRITICAL

Applies to

Criminal complaint and summons

An officer who electronically signs a complaint and summons must have the signature attested by a peace officer, judge, clerk, or deputy clerk for the filing to be considered certified.

A law enforcement officer who files a criminal complaint and summons pursuant to this rule and electronically affixes the officer’s signature thereto, shall also have his/her signature attested to by either a peace officer, judge, clerk, or deputy clerk after which the complaint and summons shall be considered to have been certified and shall have the same rights, responsibilities, and liabilities as with all other criminal complaints and summons issued.