Norwalk Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Document with multiple signatures

For a document with multiple signatures, signatures other than the e-filer’s must be scanned and submitted electronically so the original signatures appear.

For documents containing multiple signatures, such as stipulations or documents requiring two or more signatures, the following procedure applies: Signatures other than the electronic filer's signature, shall be scanned and submitted electronically so the original signature(s) appear as opposed to the typed signature(s).

CRITICAL

Applies to

Praecipe for execution

A praecipe for execution must be accompanied by the Clerk’s information sheet, completed with available information to facilitate execution.

Whenever a precipe for execution is filed with the Clerk on a judgment of the Municipal Court, there shall also be filed therewith an information sheet wherein the party issuing the execution shall provide such additional information he may have in order to facilitate such execution. Such information shall be on the form provided by the Clerk for this purpose.

CRITICAL

Applies to

Agreement

Agreements between counsel, parties, or court officers must be filed in the case.

Agreements of Counsel with each other or with a party or with an officer of the court shall be filed in the case.

CRITICAL

Applies to

Order in aid of execution

An order in aid of execution will not be accepted unless a copy is provided for every party to be served.

The court shall not accept such orders unless one copy is furnished for each party to be served.

CRITICAL

Applies to

Default judgment motion

If the defendant does not answer, the plaintiff must file a motion and affidavit of account to obtain default judgment.

If defendant fails to answer, judgment by default will be granted on motion of same and affidavit of account filed by plaintiff;

CRITICAL

Applies to

Civil complaint

Must include

caption, case number

A civil complaint must contain the information required by Common Pleas Rules, including the court name, action title, case number, and required designation.

Contents required by Common Pleas Rules; the name of the Court, the title of the action, the case number, and a designation as required in Rules of Superintendent.

CRITICAL

Applies to

Cognovit judgment

A certificate of judgment must be issued and filed for every cognovit judgment.

A certificate of judgment SHALL BE ISSUED AND FILED for each cognovit judgment taken in the Municipal Court.

CRITICAL

Applies to

Small claims complaint

Must include

caption

A small-claims filing must state the parties’ names and addresses, the defendant’s military status, and the claim’s nature and amount in a concise, nontechnical writing signed under oath by the plaintiff or attorney.

The plaintiff, or his attorney, shall provide the court with the name and address of the plaintiff and defendant, the military status of the defendant and the nature and amount of the claim by submitting in writing, in concise, non-technical form to the Court. Such writing shall be signed by the plaintiff or his Attorney, under oath.

CRITICAL

Applies to

Electronically filed pleading

Must include

signature block

An electronically filed pleading must be signed by an Ohio-admitted attorney or, if the party is unrepresented, by that party.

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio, or by a party if the party is not represented by an attorney.

CRITICAL

Applies to

Small claims hearing

The plaintiff must appear at the first small-claims hearing; without leave of court, failure to appear results in dismissal at the plaintiff’s cost.

It is required that the plaintiff appears at the first hearing date. Should the plaintiff fail to appear without leave of court, the matter shall be dismissed at Plaintiff's costs.

CRITICAL

Applies to

Request for view of scene

A request for a view of the scene must be written, filed 14 days before trial, noticed to the adverse party, and include a list of details for the Bailiff to point out.

All requests for views of the scene by either party shall be in writing and filed with the court fourteen (14) days prior to trial with notice to the adverse party with a list of details to be pointed out to the jury by the Bailiff.

CRITICAL

Applies to

Cognovit judgment filing

A cognovit plaintiff must provide the clerk with a prepaid, pre-addressed envelope for each defendant, prepared for certified mail.

Plaintiff must furnish clerk with filing, a pre-addressed envelope to the defendant, or each defendant, postage prepaid, and affixed for certified mail.

CRITICAL

Applies to

Default judgment submission

The required default-judgment submission includes proof of loss or damage, a motion for default judgment, and an affidavit of real party in interest.

When a party against whom a judgment for affirmative relief is sought has failed to plea or otherwise defend, the clerk shall by regular U.S. mail notify the party entitled to the judgment by default by proof of loss or damage must be submitted to the court on or before the second Friday after the mailing of such notice with a motion for default judgment and affidavit of real party in interest or the case will be dismissed without prejudice at plaintiff's costs.

CRITICAL

Applies to

Jury instruction pretrial conference

If jury instructions are not provided, attorneys and their clients must attend a court conference two days before trial at 4:30 p.m.

Failure to provide same will result in pretrial conference with the court two days prior to trial date at 4:30 p.m. The attorneys and their clients are required to be present.

CRITICAL

Applies to

Assignment cancellation or release of judgment

An assignment, cancellation, or release of judgment must be in writing and filed in the case.

The assignment, cancellation or release of judgment shall be in writing and filed as other papers in the case.

CRITICAL

Applies to

Paper

Must include

case number

Papers filed in a civil case must give the case number and, if any, the execution number.

The case number, and execution number, if any, must be given when any paper is filed or attention is called to any case.

CRITICAL

Applies to

Criminal complaint

Criminal complaints must comply with Criminal Rule 3.

Criminal complaints shall comply with Criminal Rule 3.

CRITICAL

Applies to

Jury instructions

In civil jury matters, the parties must file complete jury instructions at least seven days before trial.

In all civil matters, complete jury instructions are required from the parties and shall be filed with the court no later than seven (7) days prior to trial date set for trial.

CRITICAL

Applies to

Electronically filed document

An e-filer need not submit a conventional copy but must retain the source document and produce it on request through final disposition and the appeal period.

The person filing electronically need not file a conventional 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 period.

WARNING

Applies to

Motion to correct filing error

Must include

case number

As soon as possible after discovering a filing error, the filing party should move the Clerk of Court for correction and provide the case and document numbers.

As soon as possible, after the error has been discovered, the filing party should submit a motion to the Clerk of Court with the case number and document number for which the correction is being requested.

WARNING

Applies to

Civil complaint

A party requesting a file-stamped copy of a complaint and its exhibits must provide a stamped, self-addressed envelope.

A complaint (and exhibits) must be accompanied by a stamped, self-addressed envelope, if file-stamped copy is desired.

WARNING

Applies to

Electronically filed document

Must include

signature block

A document requiring an attorney’s signature may use a physical signature or the specified “s/ (typewritten name)” format, which is also accepted for a party’s original signature.

A pleading or other document requiring an attorney's signature may be physically signed or electronically signed in the following manner: "s/ (typewritten name)." The "s/ (typewritten name) format is also acceptable as a substitute for the original signature of a party.

INFO

Applies to

Proof of loss or damage

Proof of loss or damage may be provided by affidavit or direct testimony, preferably with receipts.

Proof of loss or damage may be by affidavit or direct testimony (preferably with receipts).