Ottawa County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

Each motion must be accompanied by a written memorandum containing argument and citations.

All motions must be accompanied by a written memorandum containing argument and citations.

CRITICAL

Applies to

Withdrawal motion

After appearing, an attorney may withdraw only with court leave by 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. Withdrawal shall be permitted only by 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

Attorney address change

An attorney must submit any address change for assignment notices in writing to the Clerk of Court.

It is the sole responsibility of attorney to provide any change of address for which assignment notices are sent. Any change of attorney address must be submitted in writing to the Clerk of Court at Ottawa County Municipal Court.

CRITICAL

Applies to

Request for excusal exemption or deferral

Requests for jury-service excusal, exemption, or deferral must use the appropriate form described in Rule 4 and attached as Attachment C.

All requests for excusal, exemption or deferral must be made on the appropriate form described in Rule 4, and attached as an Appendix to this Rule. (Attachment C).

CRITICAL

Applies to

Court appointed counsel application

An attorney seeking appointment must submit a written application to the Judge with the specified identifying and good-standing information.

A. APPLICATION: The attorney must submit a written application to the Judge. Said application must include the attorney's name, email address, business address, Ohio Attorney Registration Number, and whether the attorney is in good standing with the Ohio Supreme Court.

CRITICAL

Applies to

Court filing

All filings must reflect counsel's current contact information.

In addition, any filings with this Court must have counsel's current contact information reflected on all documents.

CRITICAL

Applies to

Fax filing

Must include

caption, judge name, case number

A fax filing must include a cover page with the listed court, filer, case, document, transmission, page-count, and applicable cost information.

The person filing a document by fax shall also include a cover page containing all of the following information: a. name of the court b. name, title, telephone number, fax number, and e-mail address of person filing the fax document; c. title of the case; d. case number; e. title of the document being filed (e.g., Defendant Johns' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss); f. name of the judge; g. date of fax transmission; h. indication of the number of pages included in the transmission, including the cover page; i. if applicable, a statement explaining how costs are being submitted

CRITICAL

Applies to

Facsimile or email filing

An exhibit that cannot be accurately transmitted with a fax or email filing must be replaced by an insert page describing the exhibit and why it is missing.

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

CRITICAL

Applies to

Jury demand

A jury demand in a small-claims case must be accompanied by a proper and timely motion to transfer to the regular docket.

A jury demand shall not be allowed in a case filed in the Small Claims Division unless accompanied by a proper and timely motion to transfer to the regular docket.

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 and submit a proper journal entry.

The court shall prepare judgment entries. 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.

CRITICAL

Applies to

Court docket

The court docket must include party and counsel information, service history, filing descriptions and dates, proceeding schedules, enforcement actions, and applicable clerk activity.

The docket must include the following information: (1) Full names and addresses of all parties (Sup.R. 26.02 (C), 26.03); (2) Names, addresses, and Supreme Court attorney registration numbers of all counsel (Sup.R. 26.02 (C), 26.03); (3) The issuance of documents for service upon a party and the return of service or lack of return (Sup.R. 26.02(C), 26.03); (4) A brief description of all records and orders filed in the proceeding, the date and time filed, and a cross reference to other records as appropriate (Sup.R. 26.02 (C), 26.03); (5) A schedule of court proceedings for the court and its officers to use for case management purposes (Sup.R. 26.02(C), 26.03); (6) All actions taken by the court to enforce orders or judgments. (Sup.R. 26.02 (C), 26.03); (7) Any information necessary to document the activity of the clerk of the division regarding the case (applicable to all courts, except appellate, municipal, and county courts) (Sup.R. 26.03).

CRITICAL

Applies to

Courtroom recording request

Requests for permission to broadcast, record, photograph, or televise in the courtroom must be made in writing to the assigned judge as early as reasonably practical and no later than two hours before the session, unless the trial judge permits otherwise.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than two (2) hours prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

Applies to

Joinder consolidation or separation motion

Joinder, consolidation, and separation motions must be addressed to the judge and supplied in enough copies for each affected file; noncompliant partial filings will be stricken.

Motions for joinder, consolidation and separation of civil cases shall be addressed to the judge. The clerk of court shall be provided with a sufficient number of copies of any motion filed in accordance with this rule to include a copy in each file affected by the motion. Failure to comply with this provision will result in such partial filing being stricken.

CRITICAL

Applies to

Information provided to the Court

To overcome the presumption of recognizance, the officer or prosecutor must provide the Court with information relevant to Criminal Rule 46 and R.C. 2937.222, including the listed categories.

In order to overcome the presumption of recognizance, the law enforcement officer/prosecutor shall provide the Court with information relevant to Criminal Rule 46 and R.C. 2937.222, including: 1) Records of criminal convictions for any: a. Offenses of violence as defined by R.C. 2901.01; b. Criminal cases within the past five (5) years other than minor misdemeanors; and c. Major traffic offenses as defined by Traffic Rule 13(B). 2) If the defendant is on community control supervision/probation, parole, or post release control; 3) The nature and circumstances of the offense charged; 4) Active warrants; 5) Pending protection orders against the defendant; 6) Known medical, mental health, or substance abuse issues; 7) Booking screening information, if arrested; 8) Known occupation or source of income/support; and 9) Any other information requested by the Judge/Magistrate or presented by the law enforcement officer/prosecutor based on the circumstances of the case.

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the court must be informed whether mediation occurred or was terminated, the settlement outcome, party attendance, and any future sessions with their dates and times.

10. Mediator Report - At the conclusion of the mediation and in compliance with R.C. § 2710.06, the court shall be informed of the status of the mediation including all of the following: a. Whether the mediation occurred or was terminated; b. Whether a settlement was reached on some, all or none of the issues; c. Attendance of the parties; d. Future mediation session(s), including date and time; e. [Insert any additional applicable provision(s) that are consistent with R.C. § 2710].

CRITICAL

Applies to

Electronically produced ticket

An electronic ticket must substantively conform to the Ohio Uniform Traffic Ticket, and the officer must give the defendant a paper copy if the ticket is issued at the scene.

The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket. If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applies to

Exhibit filing

Must include

caption, judge name, case number

A separately filed missing exhibit must have a cover sheet with the specified case and exhibit information and must be signed and served under the rules for pleadings.

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, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff's Notice of Filing Exhibit 'G' to Plaintiff's Response to Defendant's 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

Juror card and questionnaire

Jurors must complete and return the enclosed card and questionnaire within two weeks.

WITHIN TWO (2) WEEKS, COMPLETE AND RETURN THE ENCLOSED CARD AND QUESTIONNAIRE.

CRITICAL

Applies to

Pro hac vice motion

A pro hac vice permission motion must be written, include the specified registration certificate and certifications, and be cosigned by an Ohio-admitted, registered attorney.

The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.

CRITICAL

Applies to

Counterclaim or crossclaim

Unless good cause is shown, a motion to transfer must accompany timely written counterclaims and crossclaims exceeding $3,000 or the jurisdictional limit.

Unless good cause is shown, a motion to transfer to the regular docket shall accompany all timely, written counterclaims and crossclaims in excess of $3,000.00 (or the jurisdictional limit) and shall be transferred to the regular docket.

CRITICAL

Applies to

Request for copy of recording

A request for a copy of a court proceeding recording must be submitted with an unopened thumb drive or an email address.

All requests for a copy of a recording of court proceedings require an unopened thumb drive or email address be submitted along with the request.

CRITICAL

Applies to

Continuance request

When counsel bases a continuance request on a conflicting trial date, the conflicting trial notice must be attached.

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

Summons

The summons must state the trial date.

the trial date shall be set forth in the summons.

CRITICAL

Applies to

Jury demand

A party seeking a jury trial in a criminal or traffic case must demand one under Criminal Rule 23.

Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Criminal Rule 23.

CRITICAL

Applies to

Jury demand

A jury demand must be written, either as a separate instrument or prominently endorsed in a pleading's caption.

The jury demand must be in writing either by separate instrument or by prominent endorsement in the caption of a pleading.

CRITICAL

Applies to

Jury demand

A party seeking a jury trial in a civil case must demand one under Ohio Civil Rule 38.

Any party desiring a jury trial in a civil case must demand the same in accordance with Rule 38 of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Court filing

Attorneys, except pro se litigants, must identify themselves as trial counsel and include their signature, specified contact information, and Ohio Supreme Court registration number on court filings.

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. All such documents shall bear, in addition to the signature of trial counsel, counsel s name, email address, office address and zip code, office telephone number, 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

Default judgment

For a default-judgment case based on an account, the account statement and affidavit or testimony showing no subsequent payments must be submitted.

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

CRITICAL

Applies to

Pro hac vice filing

After pro hac vice permission is granted, the applicant must file the notice and permission order with the Ohio Supreme Court's Office of Attorney Services within 30 days.

If the judge or magistrate grants the applicant's motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.

CRITICAL

Applies to

Counterclaim crossclaim or third party complaint

A party filing a counterclaim, crossclaim, or third-party complaint exceeding the court's monetary jurisdiction must also file a motion to certify the case to the Court of Common Pleas.

It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the court to also file a motion to certify the case to the Court of Common Pleas.

CRITICAL

Applies to

Request for audio copy

Parties seeking a hearing or case recording must provide a request for an audio copy.

Parties seeking a recording of a hearing or case must provide a request for an audio copy of a hearing.

CRITICAL

Applies to

Notice of scheduled mediation

A Notice of Scheduled Mediation must state at least the mediation's date, time, place, and contact information.

The court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by "Notice of Scheduled Mediation" which shall, at a minimum, indicate the date, time, place and contact information of the mediation.

CRITICAL

Applies to

Not guilty plea letter

A not-guilty plea letter must include the specified identifying information, plea, requests, and speedy-trial and jury-trial elections; the stated waiver defaults apply if those rights are not addressed.

The letter shall include defendant's name, email address, address and zip code as well as case number(s). The letter shall include a "not guilty" plea, waiver of arraignment, request for trial, demand or waive the defendant's right to a speedy trial, demand or waive the defendant's right to a jury trial if the offense is one that provides a right to a jury trial and indicate if the defendant is willing to have his case heard by a magistrate. If right to a speedy trial is not addressed, the court will presume that a right to speedy trial is not waived and schedule accordingly. If right to a jury trial is not addressed, that right is waived pursuant to Ohio Rule of Criminal Procedure 23.

CRITICAL

Applies to

Default judgment

Proof of damages in a default-judgment case must be submitted to the court by affidavit or testimony.

Proof of damages must be submitted to the court by affidavit or testimony.

CRITICAL

Applies to

Traffic or criminal docket submission

A written complaint or uniform traffic ticket must be filed before a person is placed on the traffic or criminal docket.

The Clerk of Ottawa County Municipal Court shall require the filing of a written complaint or uniform traffic ticket before placing an individual's name on the traffic / criminal docket.

WARNING

Applies to

Juror summons

A jury summons must state the service date and time, court address, and how to check reporting status by phone or computer.

The Summons shall include the following information: the date and time of service, address of the court, and how the recipient may check reporting status by phone or computer.

WARNING

Applies to

Mediation case summary

Attorneys may submit a Mediation Case Summary voluntarily, but must submit one if required in a specific case; it must include the applicable listed case information.

8. Mediation Case Summary - Attorneys may, at their option, or must if required on a specific case by the judge and / or magistrate, submit a "Mediation Case Summary" to the mediator which shall contain the following (insert applicable provisions, such as): a. Summary or material facts. b. Summary of legal issues. c. Status of discovery d. List special damages and summarize injuries or damages. e. Settlement attempts to date, including demands and offers.

WARNING

Applies to

Jury service exemption request

The completed jury-service relief form includes an affirmation that the information is true and correct, along with a signature and date.

I hereby affirm that the above information is true and correct. Signature Date

WARNING

Applies to

Juror questionnaire or qualification form

The juror questionnaire or qualification form must state that a jury summons may issue during the ensuing year.

The form shall indicate that a jury summons may issue in the ensuing year for service as a prospective juror (Attachment A).

WARNING

Applies to

Application

An application must include any special areas of expertise, such as language fluency or mental health law specialization.

application shall also include any special areas of expertise, such as language fluency or mental health law specialization.

WARNING

Applies to

Juror summons

A jury summons must state that written forms for seeking disqualification, exception, or deferral are available at the clerk's office or on the court website.

The Summons shall also indicate that written forms for seeking disqualification, exception or deferral are available from the court at the clerk's office or on the court's website at www.ocmcourt.com.

WARNING

Applies to

Jury service exemption request

A request based on a medical condition that prevents service for the term must include a statement from the requester’s doctor.

(Please enclose a statement from your doctor.)

WARNING

Applies to

Jury service exemption request

A person requesting jury-service relief must complete and return the form to the Court.

Please complete this form and return it to the Court.