Niles Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Telephone pretrial results

The results of a telephone pretrial must be reduced to writing.

If a telephone pretrial is held the results must also be reduced to writing

CRITICAL

Applies to

Small claims petition

A small claim must be commenced by filing a petition using the form attached as Appendix E.

A small claim is commenced by filing a small claims petition, pursuant to Ohio Revised Code Section 1925.04, the form is attached as Appendix “E”.

CRITICAL

Applies to

Motion

Every motion must be in writing and accompanied by a written memorandum specifying counsel’s arguments.

All motions shall be in writing accompanied by written memorandum that specifies the arguments of counsel.

CRITICAL

Applies to

Source document

An electronic filer need not submit a hard copy but must retain the source document and produce it on request through final disposition and any appeal or appeal period.

The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records and have available for production upon request by the Court, the Clerk of Court, or other counsel, the source document of any document electronically filed. The filer must maintain this source document until the final disposition of the case and through any appeal or appeal period.

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 is whose favor an order or judgment is rendered shall prepare a journal entry.

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

Motion

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

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

CRITICAL

Applies to

Electronically filed pleading

Every 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

User agreement form

A properly executed and signed User Agreement Form is required before case management sets up an electronic-filer account and assigns login credentials.

Upon receipt of a properly executed and signed User Agreement Form, the case management shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing documents.

CRITICAL

Applies to

Electronic document

Each electronically filed document must include a cover page in the Clerk’s available format.

for each electronic document filed, the filer shall submit a cover page in the format available from the Clerk.

CRITICAL

Applies to

Document requiring non attorney signature

When an original document requires a non-attorney’s signature, the filing party or Clerk’s Office must scan the original and e-file it.

If an original document requires a signature of a non-attorney, the filing party or the Clerk’s Office shall scan the original document and then electronically file it on the system.

CRITICAL

Applies to

Small claim transfer motion

Transfer of a small claim to the regular docket requires filing a motion and affidavit and paying the required cost.

Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.

INFO

Applies to

Motion

When filing a motion, the moving party may submit a proposed journal entry granting the motion and stating the requested relief.

A moving party, at the time of filing a motion, may submit with that motion a proposed journal entry granting the motion and setting forth the relief requested.

INFO

Applies to

Small claims answer

A defendant in a small claims case is not required to file an answer or statement of defense.

No defendant is required to file an answer or statement of defense.