Painesville Municipal Court, Ohio Document Filing Requirements

Applies to

Criminal complaint

Criminal complaints must comply with Ohio Criminal Rule 3.

2. Criminal complaints shall comply with Ohio Criminal Rule 3.

Applies to

Facsimile filing

If an exhibit cannot be accurately faxed, the filer must replace it with an insert page describing the exhibit and why it is missing.

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

Applies to

Exhibit cover sheet

Must include

caption

An exhibit filed separately this way must have a signed cover sheet with the case caption, court name, case title and number, judge’s name, 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, title 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” to 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. (See appendix for sample exhibit cover sheet.)

Applies to

Fax filing source document

A fax filer need not submit the source document but must keep the source document, required original signatures, and source cover sheet available for the court and retain the source document until the case is closed and post-judgment relief opportunities are exhausted.

The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

Applies to

Facsimile filing

A party filing a signed document by fax represents that the physically signed original is in their possession or control.

A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

Applies to

Motion for default judgment

The Court will not accept an affidavit from the plaintiff’s attorney in support of a default-judgment motion unless the attorney is also the plaintiff.

The Court will not accept affidavits of the plaintiff’s attorney in support of a Motion for Default Judgment unless the attorney is also the plaintiff.

Applies to

Source document

A compliant electronically filed document is accepted as the original, and the filer must retain its source document for production on request until the case and all appeals are concluded.

F. A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.

Applies to

Electronic filer account application

A properly executed and signed User Agreement Form and Credit Card Authorization Form must be filed with the clerk to establish an electronic-filer account.

G. Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the clerk, the clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronically filed documents.

Applies to

Motion

Every motion must be filed with a supporting brief stating the points relied on and the supporting authorities.

A party filing any motion shall file therewith a brief in support containing a short concise statement of the points relied upon and the authorities supporting such contentions.

Applies to

Small claims complaint

Small claims complaints must comply with Ohio Revised Code 1925.04(B).

3. Small claims complaints shall comply with Ohio Revised Code 1925.04(B).

Applies to

Motion

Must include

proposed order

Every motion must include a proposed Judgment Entry for the Judge’s consideration.

All Motions must have a proposed Judgment Entry for the Judge’s consideration.

Applies to

Motion for default judgment

Unless the Court orders otherwise, a default-judgment motion accompanied by a qualifying personal-knowledge affidavit will be considered without oral hearing.

Unless otherwise ordered by the Court, Motions for Default Judgment which are accompanied by an Affidavit on personal knowledge, showing affirmatively that the Affiant is competent to testify to the matters stated therein and setting forth such facts as would be admissible in evidence in support of the allegations contained in plaintiff’s Complaint, shall be considered by the Court without oral hearing.

Applies to

Electronically filed pleading

Every electronically filed pleading must be signed by an Ohio-admitted attorney or an unrepresented party.

D. All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.

Applies to

Fax filing cover page

Must include

caption, judge name, case number

The person filing a document by fax shall also provide therewith a cover page containing the following information: (I) the name of the court; (II) the title of the case; (III) the case number; (IV) the assigned judge; (V) the title of the document being filed (e.g. Defendant Jones’ 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); (VI) the date of transmission; (VII) the transmitting fax number; (VIII) an indication of the number of pages included in the transmission, including the cover page; (IX) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available.

The person filing a document by fax shall also provide therewith a cover page containing the following information: (I) the name of the court; (II) the title of the case; (III) the case number; (IV) the assigned judge; (V) the title of the document being filed (e.g. Defendant Jones’ 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); (VI) the date of transmission; (VII) the transmitting fax number; (VIII) an indication of the number of pages included in the transmission, including the cover page; (IX) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available.

Applies to

Motion for continuance

For a continuance sought because of a same-date trial or hearing conflict in another state court, the motion must include notices from both courts.

When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another court in the State, the movant shall attach to his or her motion, a copy of the Notice received from the other court, along with a copy of the Notice received from this Court.

Applies to

Motion for continuance

Must include

proposed order

A continuance motion must include a supporting brief stating the reasons for the request and a proposed Order.

Motions for Continuance shall be submitted to the Court in writing at least seven (7) days in advance of the scheduled hearing, and must contain a brief in support setting forth the reasons requiring the continuance, along with a proposed Order for the Court’s review and approval.

Applies to

Electronically filed document

An authorized electronic filing constitutes the attorney’s or unrepresented party’s signature under Ohio Civil Rule 11.

3. The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.

Applies to

Document description form

A filer must complete an online Document Description Form with the listed case, filing, filer, and attorney information.

H. The filer electronically filing a document shall also complete an on-line Document Description Form containing the following information: 1. The title of the case; 2. The case number; 3. The assigned judge; 4. The title of the document being filed; 5. The date of transmission; 6. An indication that a judge or case number has not been assigned, if applicable; 7. The name, address, telephone number, fax number, and e-mail address of the person filing the fax document, and 8. For an attorney, his or her Ohio Supreme Court registration number and firm name, if any.

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a proposed Entry.

*All motions shall be accompanied by a proposed Entry for the Court’s review and consideration.

Applies to

Dismissal application

A prosecutor seeking dismissal must file a written application under Criminal Rule 48 stating the reasons for the requested dismissal.

When the prosecutor desires to dismiss a criminal charge, he shall file a written application therefore pursuant to the provisions of the Ohio Rules of Criminal Procedure, Rule No. 48. The prosecutor shall state in a written application the reasons for the requested dismissal.

Applies to

Facsimile filing

A party filing a signed source document by fax must fax either the signed document or an unsigned copy with “/s/” and the signer’s name where the signature appears.

A party who wishes to file a signed source document by fax shall either: (I) fax a copy of the signed source document; or (II) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

Applies to

Electronically transmitted document

An electronic signature is treated as the signature of the attorney or party it purports to represent, but an unauthorized transmission must be stricken.

1. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.