Portsmouth Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A party seeking default judgment must file a written motion and proposed judgment entry with the Clerk, with the required military affidavit filed alongside the entry unless filed earlier.

A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and a proposal Judgment Entry with the Clerk of Courts. Military Affidavits pursuant to the Soldiers and Sailors Relief Act shall be filed with the proposed entry, unless filed earlier.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing citations or counsel’s arguments.

Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.

CRITICAL

Applies to

Jury questionnaire

Prospective jurors must complete a jury questionnaire and, if appropriate, a request for excuse, exemption, or deferral.

Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or deferral.

CRITICAL

Applies to

Small claim transfer motion

Transfer of a small claim to the regular docket requires filing a motion and affidavit.

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

Financial statement

A written, signed statement of the person's assets, liabilities, employment, accounts, property, debts, and ability to pay a fine by a specified date must be furnished to the Court.

furnish the Court with a written and signed statement setting forth information as to such person's assets and liabilities; including, but not limited to, current wages and employment and last employment, accounts in financial institutions, property owned and debts, and shall set forth whether the fine could be paid by a certain date if time to pay were granted.

CRITICAL

Applies to

Vehicle levy information

For a levy on a motor vehicle, the party or attorney must provide an accurate description, a license or serial number, and a written statement about whether a lien is recorded.

If the item to be levied upon is an automobile or other motor vehicle, the party or his attorney shall furnish the bailiff with an accurate description of the automobile or motor vehicle, a license number or serial number, and a written statement as to whether there is a lien of record on the vehicle in the office of the Scioto County Clerk of courts.

CRITICAL

Applies to

Complaint

A complaint must identify the defendant and charged offense and include the statute or ordinance number.

All complaints shall state the name of the defendant charged, the name of the offense charged, and shall contain the numerical designation of the statute or ordinance.

CRITICAL

Applies to

Pleading motion or document

Sufficient copies must be filed with the clerk when the clerk, bailiff, or sheriff is to serve a pleading, motion, or document.

Sufficient copies of every pleading, motion, or document to be served by the clerk, bailiff, or sheriff, shall be filed with the clerk.

CRITICAL

Applies to

Prescribed indigence form

The prescribed Ohio Public Defenders Office form regarding the defendant's indigence must be filed in the Court's file; the Court reserves the right to examine supporting documents.

The Court reserves the right to examine the documents comprising the investigation of the defendant's indigence, but requires only the filing of the prescribed form of the Ohio Public Defenders Office in the Court's file regarding the individual defendant.

CRITICAL

Applies to

Jury waiver

All defense counsel having filed jury demands (or in serious misdemeanors) shall notify the Court by 4:00 p.m. of the eighth (8th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing by the defendant or jury costs will bee attached to their case.

All defense counsel having filed jury demands (or in serious misdemeanors) shall notify the Court by 4:00 p.m. of the eighth (8th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing by the defendant or jury costs will bee attached to their case.

CRITICAL

Applies to

Pleading motion or document

Must include

caption

A pleading, motion, or document must identify in its caption each party appearing for the first time and that party’s complete address if known.

In every pleading, motion, or document filed on behalf of a party or parties, there shall be set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceeding for the first time.

CRITICAL

Applies to

Application for modification of driving privileges

An application to modify a driving-privilege suspension must be written, include the specified employment and application information, and be accompanied by the defendant's personal liability insurance policy or bond.

In making application for modification of the Court order suspending driving privileges, a written application shall be submitted containing the following: 1. The reason for the application; 2. The distance from home to the place of employment; 3. The hours of beginning and ending of work for each day requested and the days of the week worked; 4. If the request for driving privileges during hours of employment, a statement of whether employment will be terminated if the request is not granted; and 5. The appropriate filing fee. The application shall be accompanied by a liability insurance policy or bond which is personal to the defendant.

CRITICAL

Applies to

Notice of sale

If a vehicle has a lien, the notice of sale must identify the lienholder.

If there is a lien on the vehicle, the name of the lienholder shall appear on the notice of sale.

CRITICAL

Applies to

Motion

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

All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.

CRITICAL

Applies to

Affidavit

An affidavit of fact is insufficient if it merely repeats statutory language and substantially mirrors the complaint.

An affidavit of fact merely phrased in statutory language and in substantially the same language as the complaint is not sufficient.

CRITICAL

Applies to

Civil jury trial demand

A party claiming indigence and inability to post the jury deposit must file an affidavit of indigence with the jury demand; the Court may summon the party for further investigation.

In the event a party claims to be indigent and unable to post the deposit, and affidavit as to such indigence shall be filed with the demand for jury, and the Court may summon the party into court for further investigation of the claimed indigence.

CRITICAL

Applies to

Levy instructions

For an attachment or execution against personal property, the attorney or party must identify each item in detail, including its type, size, and number; a general instruction to levy on all goods and chattels is insufficient.

In all attachments or executions to be levied upon personal property, the attorney or party shall describe in detail those items which are to be levied upon; an instruction to "levy upon all goods and chattels" is not sufficient. Information must be supplied to the bailiff as to the type, size, and number of items to be levied upon, so that the bailiff can make an accurate estimate as to the cost of the proceedings, and so that he can require a sufficient deposit to secure costs before proceeding with the execution or attachment.

CRITICAL

Applies to

Notice

The notice accompanying the Decision must state that objections must be filed within 14 days of the Decision's filing.

Copies of the Judge's or Magistrate's Decision shall be served upon the parties or their attorneys by the Clerk, such notice to contain language the Objections to the Judge's or Magistrate's Decision must be filed within fourteen (14) days of the filing of the Decision.

CRITICAL

Applies to

Preliminary hearing transcript request

A requested preliminary-hearing transcript for an indigent defendant in a felony case requires an approved entry from a Common Pleas Court Judge ordering the transcript.

In felony cases, if a transcript of the preliminary hearing proceedings is requested for an indigent defendant, an entry must be approved by a Common Pleas Court Judge ordering such transcript.

CRITICAL

Applies to

Default judgment motion

For a liquidated claim, the moving party must file an affidavit supporting the claim in addition to the motion.

If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit containing sufficient information in support of the claim.

CRITICAL

Applies to

Complaint

When a complaint requests a warrant, it must include an affidavit of fact accompanied by a prosecutor's finding of probable cause.

If a warrant is requested on a complaint, the complaint shall be accompanied by an affidavit of fact pursuant to Ohio Criminal Rule 4(A)(1). The clerk shall not accept such affidavits and open a criminal case file unless the affidavit is accompanied by a finding of probable cause that an offense has been committed. This finding must come from a prosecuting attorney.

CRITICAL

Applies to

Praecipe

After a judgment ordering a defendant to vacate, a praecipe requesting the bailiff's action must be filed with the Court.

When a judgment has been rendered ordering a defendant to vacate premises, the bailiff shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.

CRITICAL

Applies to

Pleading motion or document

Each filing on behalf of a party must identify filing counsel’s name, address, telephone number, and attorney registration number, and a law-firm filing must identify the attorney primarily responsible for the case.

Every pleading, motion, or document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.

CRITICAL

Applies to

Journal entry

Counsel for the party favored by a judgment must prepare a journal entry unless the trial judge will prepare it; a court-prepared entry need not be submitted for approval.

Counsel for the party in whose favor an order of judgment is rendered, shall prepare a journal entry unless the trial judge indicates that he will prepare the same; if court prepared, the entry will not be submitted for approval.

CRITICAL

Applies to

Complaint

Criminal and traffic cases must be commenced by filing a complaint.

All criminal and traffic cases shall be commenced in this Court by the filing of a complaint.

CRITICAL

Applies to

Jury summons

The summons must be understandable to a person unfamiliar with legal process and explain how and when to respond and the consequences of failing to respond.

Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond.

CRITICAL

Applies to

Garnishment papers

Garnishment papers must be properly completed, include the date, and be accompanied by proof of service of the demand.

the garnishment papers will be properly filled out, including date. They will be accompanied by the proof of service of the demand required by Section 2715.02 of the Ohio Revised Code

CRITICAL

Applies to

Jury trial waiver

After a written jury demand is filed, any later jury-trial waiver must be made in writing.

Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.

CRITICAL

Applies to

Jury demand

When a jury demand is required, it must be filed in writing before prospective jurors are summoned.

Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.

CRITICAL

Applies to

Default judgment motion

For an unliquidated claim or when the opposing party has appeared, a hearing before the Magistrate is required and the motion must state the hearing date and time on its face.

If the claim is unliquidated, or if the party against whom judgment by default is sought has appeared in the action, or both, then a hearing is required before the Magistrate. In these cases, the motion for default judgment must include, on the face of the motion, notice of the date and time of the scheduled hearing on the motion.

WARNING

Applies to

Journal entry

If opposing counsel does not approve or reject the entry within 7 days, it must be transmitted to the Court marked “unapproved.”

Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the Court marked "unapproved".

WARNING

Applies to

Document

Must include

judge name

If the filer knows the assigned judge, the filer must identify that judge in the caption between the case number and document title.

Insofar as the party filing a document is aware of the judge to whom the case is assigned, he shall note the same between the case number and title of the document in the caption.

WARNING

Applies to

Change of trial counsel entry

A judge may permit a change of trial counsel if an entry designates new counsel, prior trial counsel agrees, and the change will not delay trial.

Change of trial counsel may be permitted by the judge assigned to the case upon the filing of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of such case.

WARNING

Applies to

Witness praecipe

If the complaining party is not a law enforcement officer, the Law Director or City Solicitor must file a proper and timely praecipe.

Where the complaining party is not a law enforcement officer, then the Law Director (City Solicitor) shall file a proper and timely praecipe.

WARNING

Applies to

Jury service excuse exemption or deferral form

A prospective juror cannot be excused from service without completing the jury excuse, deferral, or exemption form.

No person who does not complete the jury excuse deferral or exemption form shall be excused from service.

WARNING

Applies to

Complaint

Complaints may use statutory language, but should omit statutory or ordinance surplusage unrelated to the case.

Complaints may be in statutory language, but should not contain surplusage from the statute or ordinance which is not involved in the case.

WARNING

Applies to

Jury questionnaire

Jury questionnaires must be submitted to potential jurors and made available for review by any party or counsel one week before trial.

Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial.

WARNING

Applies to

Objections

Objections should state specifically why a new hearing is requested.

The objections to the Magistrate's findings should state, with specificity, the reason a new hearing is requested.

WARNING

Applies to

Jury service excuse exemption or deferral request

Requests for jury-service excuse, exemption, or deferral must use the provided form and include appropriate documentation, which the Court retains.

All requests for excuse, exemption or deferral must be made on the form provided, and shall be accompanied by appropriate documentation. These documents shall be retained by the Court.

WARNING

Applies to

Jury questionnaire

Jury questionnaires must be submitted to potential jurors and available for review by any party or counsel one week before trial.

Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial date.

INFO

Applies to

Answer or statement of defense

A defendant in a small claims action is not required to file an answer or statement of defense.

No defendant is required to file an answer or statement of defense.