Pike County Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Private criminal complaint

If the Prosecutor finds no probable cause for a private criminal complaint, the Prosecutor must complete and file a Non-approval form with the charges.

If a private individual elects to file an Affidavit or Complaint charging a person with a crime, and the Prosecutor finds that probable cause does not exist, the Prosecutor shall complete a "Non-approval" form and file it with the charges).

CRITICAL

Applies to

Trial brief

A trial brief is required in a non-jury case when there is a substantial conflict over specific questions of law or when the Judge requests one.

Trial briefs are also required for non-jury cases when there is a substantial conflict of views as to specific questions of law or when the Judge so requests.

CRITICAL

Applies to

Written guilty plea

A written guilty plea must be signed by the defendant and include acknowledgments concerning waiver of constitutional rights and understanding the maximum penalties; the excerpt also begins listing an attorney's trust check or money order.

A Written Guilty Plea shall be signed by the Detendant and contain: An acknowledgement the Defendant understands and waives his constitutional rights to a trial, to confront witnesses, to compulsory process and to remain silent її) An acknowledgement that the Defendant understands the maximum penalties ¡¡) An attorney's trust check, money order,

CRITICAL

Applies to

Judgment entry

Unless the Court agrees to prepare it, counsel for the party or parties who prevailed must prepare the judgment entry.

9.10 JUDGMENT ENTRIES. Counsel for the party or parties in whose favor an order or judgment is rendered shall prepare a judgment entry unless the Court agrees to prepare the judgment entry.

CRITICAL

Applies to

Jury instructions

Requested jury instructions must include the text of the instructions and citations of authority.

9.15 TRIAL BRIEFS AND JURY INSTRUCTIONS. Trial briefs and jury instruction's shall be filed in the Clerk's office on all jury cases seven (7) days prior to trial and shall include the text of, and citations of authority for any instructions requested by counsel.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions for which an oral hearing is not required must be accompanied by a proposed entry.

d) All motions where an oral hearing is not required shall be accompanied by a proposed entry.

CRITICAL

Applies to

Discovery dispute motion

Discovery disputes must be presented to the Court by written motion.

All discovery disputes shall be brought to the attention of the Court by written motion within seven (7) days after the pre-trial conference, or seven (7) days before trial, whichever is earlier

CRITICAL

Applies to

Subpoena preceipe

A subpoena precipe for witnesses must be filed with the Clerk.

A precipe for subpoena of witnesses shall be filed with the Clerk

CRITICAL

Applies to

Supporting documents

The plaintiff must bring two copies of documents supporting the claim.

The plaintiff must bring with him two (2) copies of any documents supporting his claim

CRITICAL

Applies to

Small claims complaint

The plaintiff must have the defendant's current address.

plaintiff must have the current address of defendant.

CRITICAL

Applies to

Special damages statement

When appropriate, trial counsel must list all special damages and furnish opposing counsel verification of them.

e) Special damages. Where appropriate, trial counsel shall list all special damages and furnish opposing counsel verification of those damages.

CRITICAL

Applies to

Filing paper

Must include

judge name, case number

Papers offered for filing must include the case number, the judge's last name below it, a title identifying the filer and document, and the specified attorney or pro se party information.

All papers offered for filing with the Court shall be identified by including: (a) Case number (b) Judge's last name shall appear below the case number (c) Title, containing the name and party designation of the party filing it, nature of the document (i.e. Answer, Motion, Interrogatories, etc.) (d) The typed name, signature, office address, telephone number, facsimile number, email address, and Supreme Court number of the designated Trial Attorney or party pro se.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Continuance motions must be accompanied by entries with blanks for the new trial time and date.

c) Entries shall accompany the motions with blanks for the new trial time and date.

CRITICAL

Applies to

Precipe for writ of restitution

Unless the writ is issued at the hearing, the plaintiff must file a precipe for a Writ of Restitution with the Clerk.

The plaintiff shall file with the Clerk a precipe for a Writ of Restitution within 15 days after the date of the judgment unless the Magistrate or Judge issues the Writ at the time of the hearing.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must report discovery status and, if discovery is incomplete, describe the additional discovery and anticipated time needed to complete it.

a) Discovery. Counsel shall advise the Court of the status of discovery and, if not completed, that nature of additional discovery and the time anticipated as necessary to complete.

CRITICAL

Applies to

Proceedings in aid of execution

When an attachment order in aid of execution is filed against personal earnings, a copy of the written demand and its proof of service must be attached to the original proceedings filed with the Clerk.

In all cases in which and Order of Attachment of an Order in Aide of Execution is filed against personal earnings, a copy of the written demand and proof of service thereof, as required by Section 2716.02 of the O.R.C., shall be attached to the original copy of the proceedings to be filed with and retained by the Clerk.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list all lay and expert trial witnesses; an unlisted witness is excluded from testifying unless the trial judge excuses the omission for good cause.

b) List of witnesses. Counsel shall list all lay and expert witnesses who will testify at trial. Failure to list a witness in the pretrial statement shall result in the witness being excluded from testimony at trial, unless excused by the trial Judge for good cause shown.

CRITICAL

Trial counsel must identify the exhibits expected to be introduced at trial.

†) Exhibits. Trial counsel shall set those exhibits that he/she expects to introduce into trial.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be written and state the complaint filing date, method of service, proof of service, and answer date.

All motions for default judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service, and answer date.

CRITICAL

Applies to

Criminal complaint

A criminal complaint must state specific facts about the offense, date and time, and any unprotected victim identity; it cannot merely recite the statute and must include or be accompanied by a concise written event summary.

The complaint shall contain specific facts that adequately inform the accused and the Court of the nature of the offense charged, the date and tire of the offense, and the identity of the victims) of the offense, if any, except where protected by law. It shall not be merely a recitation of the statute or ordinance upon which it is based. Each criminal complaint shall contain or be accompanied by a concise, written summary of the events which form the basis of the offense charged prepared either by the Prosecutor, law enforcement officer or private complainant.

CRITICAL

Applies to

Proceedings in aid of execution

The filing attorney's name must appear in the designated place on the original proceedings and every copy.

The name of the attorney filing the proceedings shall appear at the place provided on the original and upon all copies.

CRITICAL

Applies to

Attorney registration

Attorneys practicing before the Court in civil or criminal matters must register with the Clerk and provide the specified identifying and contact information.

Attorneys engaged in civil or criminal practice before the Court shall be registered with the Clerk of Courts. Said registrations shall be kept in permanent volumes and shall include counsel's name, office address, zip code, telephone number, email address, and Supreme Court of Ohio Bar Registration Number.

CRITICAL

Applies to

Jury trial demand

A jury-trial demand must be in writing and filed with the Clerk of Courts.

A demand for trial by jury must be in writing and filed with the Clerk of Courts

CRITICAL

Applies to

Complaint

Plaintiffs must submit enough service copies for all defendants with the original complaint.

Plaintiff(s) shall tender, along with the original complaint, a sufficient number of service copies for all defendants to be served.

CRITICAL

Applies to

Counterclaim transfer

To transfer a counterclaim exceeding $6,000.00 to the civil division, the defendant must deposit the filing fee with a motion, affidavit, and entry.

The transfer to civil division is accomplished if the amount of the counterclaim exceeds $6,000.00 and defendant deposits the filing fee with a motion, affidavit, and entry.

CRITICAL

Applies to

Final appealable judgment or entry

Every judgment or entry that is the Court’s final appealable order must state which party will pay court costs.

9.13 COURT COSTS. All judgments and/or entries which represent the final appealable order of the Court shall state which party will pay court costs.

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by entries with blanks for the new trial time and date.

(c) Entries shall accompany the motions with blanks for the new trial time and date.

CRITICAL

Applies to

Motion

Motions must be supported by memoranda of law containing applicable statutory and case-law citations.

a) Motions will be supported by Memoranda of Law containing applicable statutory and case law citations.

CRITICAL

Applies to

Initial appearance

At an initial appearance for a criminal defendant, the attorney must provide their name and Ohio Bar Registration Number for the record and case file.

An attorney making an initial appearance on behalf of a criminal defendant before any judge or magistrate of the Court shall provide his or her name and Supreme Court of Ohio Bar Registration Number for the record and inclusion in the case file.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include a supported list of all damages, a proposed entry, and an affidavit addressing age, competence, and military service.

All motions for default judgment shall also contain a list of all damages supported by affidavit, documentary or other evidence. A proposed entry shall accompany the motion as well as an affidavit addressing issues concerning age, competence and military service.

CRITICAL

Applies to

Jury demand

A party demanding a jury trial must file the number of jurors requested, consistent with Civil Rule 48.

The party shall also file the number of jurors requested consistent with Civil Rule 48.

CRITICAL

Applies to

Withdrawal motion

Must include

certificate of service

Counsel shall be allowed to withdraw from the case with the consent of the Judge assigned to the case. No such application shall be considered unless: (a) a written motion is presented stating the reasons for application (b) the motion contains certification of service on opposing counsel and on the client (c) the motion states the date and time of the next scheduled court action (pre-trial, motion hearing, trial, etc.) if any has been set. (d) the motion contains counsel's statement that if the request is allowed, a copy of the journal entry granting the request will be mailed immediately to the last known address of the client (e) the motion is filed seven (7) calendar days prior to the hearing date or such shorter period as the Court may allow

Counsel shall be allowed to withdraw from the case with the consent of the Judge assigned to the case. No such application shall be considered unless: (a) a written motion is presented stating the reasons for application (b) the motion contains certification of service on opposing counsel and on the client (c) the motion states the date and time of the next scheduled court action (pre-trial, motion hearing, trial, etc.) if any has been set. (d) the motion contains counsel's statement that if the request is allowed, a copy of the journal entry granting the request will be mailed immediately to the last known address of the client (e) the motion is filed seven (7) calendar days prior to the hearing date or such shorter period as the Court may allow

CRITICAL

Applies to

Jury demand waiver

A defendant who no longer wants a jury after filing a jury demand must waive the demand in writing.

After a jury demand has been filed, should the Defendant determine that a jury is not desirable, the Defendant must waive the jury demand in writing.

CRITICAL

Applies to

Small claims complaint

A plaintiff must file an information sheet along with the complaint.

A complaint is filed by plaintiff along with and information sheet.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must report the status of settlement negotiations.

C) Settlement negotiations. Status of settlement negotiations.

CRITICAL

Trial counsel must set forth unusual issues of fact or law expected at trial that are not apparent from the pleadings.

g) Unusual issues of fact or law. Trial counsel shall set forth any unusual issues of fact or law he/she expects to arise at trial which are not made apparent by the pleading. (i.e. request to view scene, possible delays, amendments)

CRITICAL

Applies to

Facsimile filing

The sender must retain the original signed document and make it available to the Court on demand until the case closes.

The original with original signatures must be maintained by the sender and be available upon demand by the Court until such time as the case is closed.

CRITICAL

Applies to

Debtor exam order

The debtor's exam order must state a show cause hearing date by which the defendant must return the completed order or appear.

The order shall contain a show cause hearing date by which time defendant must comply with completion of, and return the order to the Court or appear.

CRITICAL

Applies to

Proceedings in aid of execution

Proceedings in aid of execution must use court-provided forms and include the original, copies for each party to be served, and one copy for the Return of Service.

Proceedings in aid of execution shall be filed on forms provided by the Court and shall consist of the original, to be retained by the Clerk, as many copies thereof as there are parties to be served in proceedings and one copy for the Return of Service.

CRITICAL

Applies to

Substitution motion

A request to substitute counsel must be made by written motion with an entry designating new counsel and, where possible, retiring counsel's agreement; substitution requires the Judge's permission upon good cause.

A request to substitute counsel must be made by written motion and submitted to the Court accompanied by any entry containing the designation of new counsel, and where possible, the agreement of retiring counsel. Substitution of counsel may be permitted only by the Judge upon good cause shown.

CRITICAL

Applies to

Summons

A summons issued after a complaint is filed must be signed by the Clerk or Deputy Clerk and bear the Court's seal.

Upon filing of a complaint, summons shall be forthwith issued, signed by the Clerk or Deputy Clerk, and shall bear the seal of the Court.

CRITICAL

Applies to

Written guilty plea

A defendant may enter a guilty plea by written motion only with exceptional circumstances and Court approval; the listed exceptional circumstances apply in traffic cases where the defendant previously appeared personally or through counsel.

Upon a showing of exceptional circumstances, a defendant may enter a plea of guilty by written motion with the approval of the Court pursuant to Ohio Traffic Rule 12 (а) The following shall be considered exceptional circumstances" in all traffic cases the defendant has previously appeared personally or through counsel: The Defendant is not a resident of Pike County, Ohio The Defendant is a resident of Pike County, Ohio, but Defendant's personal appearance in Court would cause the Defendant to lose one half (1/2) day or more of gainful employment.

WARNING

Applies to

Driving privileges request

Driving privileges may be granted by the Judge only following a written request or motion.

7.17 DRIVING PRIVILEGES. No Driving Privileges shall be issued, except where granted by the Judge following a written request or motion.

WARNING

Applies to

Driving privileges request

Proof of financial responsibility must be shown before Driving Privileges may be issued.

(a) No Driving Privileges shall be issued unless proof of financial responsibility is shown.