Noble County Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Written plea

Must include

case number

A written plea must identify the defendant and case, state a not-guilty plea, and include waivers of speedy trial and all time limitations.

The written plea may be by letter from counsel or a formal pleading that shall contain the name of the defendant, the case number, a written plea of not guilty, and a waiver of speedy trial. All written pleas shall contain a complete waiver of all time limitations within the letter or the pleading.

CRITICAL

Applies to

Motion

Each 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 counscl.

CRITICAL

Applies to

Written plea

Written not-guilty pleas are not accepted in violence cases, in which the defendant must appear.

The Court will accept written pleas of Not Guilty in traffic and criminal matters as indicated in this rule, except the Court will NOT accept written pleas of Not Guilty in cases of violence. Appearance of the Defendant is required in those matters.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a written memorandum containing counsel's arguments.

accompanied by a written memorandum containing the arguments of counsel.

CRITICAL

Applies to

Small claim transfer request

A motion and affidavit must be filed to transfer a small claim to the regular docket.

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

CRITICAL

Applies to

Small claims petition

A small claims action is commenced by filing a small claims petition.

A small claim action is commenced by filing a small claims petition, pursuant to Ohio Revised Code Section 1925.04.

CRITICAL

Applies to

Trusteeship application

At the time of application, a debtor must disclose the payday and whether pay is weekly, bi-weekly, semi-monthly, or monthly.

At the time of application, Debtor shall disclose to the Clerk his/her payday and whether it is weekly, bi-weekly, semi-monthly, or monthly

CRITICAL

Applies to

Written plea

A noncompliant written plea will not be accepted, even if the Clerk has time-stamped it.

A written plea that does not comply with this rule will not be accepted by the Court, even if time-stamped by the Clerk.

CRITICAL

Applies to

Complaint

A complaint must identify the parties and relevant addresses, state the facts plainly, provide specified contract information when applicable, and state the amount claimed or relief demanded.

Civil actions, except small claims, shall be commenced by filing in the office of the Clerk, a pleading on 8 ½ x 11 inch sheets of paper subscribed by the Plaintiff, his/her agent or attorney, which shall be known as a Complaint and which shall contain: (1) Full name, and if known, the residence address of each Plaintiff or an address at which service of process may be obtained. (2) The full name and if known, the residence address of cach Defendant. (3) A statement in plain and direct language of the facts constituting the causc of action with sufficient certainty fairly to inform the Defendant(s) of the nature of the case he/she is called upon to defend. (4) If in contract, set forth whether the agreement was oral or in writing; and, if in writing, set forth the substance thercof fully or annex a copy thereof. (5) A statement of the amount claimed or the relief demanded.

CRITICAL

Applies to

Complaint

When filing a complaint, the plaintiff or counsel must provide the Clerk one complaint copy for each defendant to be served.

It shall be the duty of the Plaintiff or his/her counsel to furnish to the Clerk, at the time of filing of Complaint, one copy of the Complaint for each Defendant to be served; and the Clerk shall issue such copies with summons.

CRITICAL

Applies to

Original filing

Attorneys must indicate on the original filing when the electronic transmission was sent.

Attorneys must indicate on the original filing the date and time the electronic transmission was sent.

CRITICAL

Applies to

Jury demand

A jury demand that creates a continuance must be accompanied by a $350 bond; failure to post the bond waives a jury trial and the case proceeds to trial before the Court as scheduled.

Any Jury demand filed that creates a continuance shall be accompanied by a bond in the amount of $350.00, in accordance with R.C. 1923.08. A failure to post the bond will constitute a waiver of Jury trial and will proceed to trial to the Court as scheduled.

CRITICAL

Applies to

Electronic transmission

Attorneys must include the listed identification and submission information on the first page of an electronic transmission.

(B) An attorney must provide all required identification on the first page of the transmission: case number and name, filer's name, address, attorney registration number (as applicable), elcctronic address, date and time of electronic submission and as applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Motion

Motions for a definite statement or to strike must reproduce in full the language claimed to be indefinite or sought to be stricken.

(D) All motions for a definite statement, pursuant to Civil Rule 12(E), and all motions to strike pursuant to Civil Rule 12(F), shall set out the language in full, sought to be stricken or claimed to be indefinite.

CRITICAL

Applies to

Trusteeship application

A trusteeship applicant must provide the Clerk a list of all creditors, their correct addresses and ZIP codes, and the amount due to each.

Applicant must present to the Clerk a list of all creditors, their correct addresses with zip codes, and the amount of money due from each (on a separate sheet of paper).

CRITICAL

Applies to

Motion

Motions made outside a hearing or trial must be in writing, with the stated exceptions, and must include a supporting memorandum stating the grounds and citing authorities.

All motions, unless made during a hearing or trial, shall be made in writing and the Clerk shall accept for filing only those motions (other than motions for a new trial pursuant to Civil Rule 59) accompanied by a memorandum in support of the motion, which shall be a brief statement of the grounds for the same, with citation of authorities relied upon, and (except in the casc of an ex parte motion or an agreed entry situation) proof of service in accordance with Civil Rule 5.

CRITICAL

Applies to

Opposition

Opposing counsel must answer in the same manner as the motion.

Opposing counsel shall answer in like manner within fourteen (14) days thercafter,

CRITICAL

Applies to

Subsequent filing

Must include

case number

Subsequent filings must include the case number.

Subsequent filing shall include the number of the case.

CRITICAL

Applies to

Pleadings and motions

Pleadings and motions filed for a represented party must be signed by one attorney identified as trial attorney and include the attorney's office address, telephone number, and Ohio Supreme Court Registration number.

All pleadings and motions served and filed on behalf of any party represented by counsel shall be signed by one attorney in his or her individual name as the trial attorney with office addresses including zip code and telephone number and Ohio Supreme Court Registration number.

CRITICAL

Applies to

Electronically transmitted document

The filer must retain the source document, including required original signatures, and produce it to the Court on request.

The person filing the document shall maintain in his or her records, and have available for production on request by the Court the source document filed by electronic transmission, with original signatures as otherwise required under the applicable rules.

CRITICAL

Applies to

Affidavit

Affidavits must be executed in the presence of a Judge, Clerk, Deputy Clerk, or Notary.

Affidavits shall be executed in the presence of the Judge, Clerk, Deputy Clerk or Notary

CRITICAL

Applies to

Pretrial entry

The pretrial must follow Criminal Rule 17.1, and an entry stating the agreed matters must be filed in the case.

The pretrial shall be conducted in accordance with Criminal Rule 17.1 and a pretrial entry of the matters agreed upon shall be filed in said case.

WARNING

Applies to

Affidavit

Before accepting an affidavit for filing, the Clerk may require approval by the Prosecuting Attorney.

the Clerk may require the same to be approved by the Prosecuting Attorney before receipt for filing.

INFO

Applies to

Answer

A written answer is not required in a small claims case unless the defendant wants to file a counterclaim demanding relief.

In Small Claims cases, no written answer pleading will be required unless defendant desires to file a counter-claim demanding relief.

INFO

Applies to

Answer or statement of defense

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.

INFO

Applies to

Motion

The movant may submit a signed agreed entry with a written motion, and the Clerk must immediately submit both to the Judge for approval.

At the time a written motion is interposed in accordance with Paragraph (B) hercof, the movant may submit to the Clerk, with the motion, an agrced entry signed by all parties or their attorneys, which motion and entry shall immediately be submitted by the Clerk to the Judge of this Court for approval of the entry.