Rocky River Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Jury instructions

The court must record its final instructions, provide at least one copy or recording to the jury for deliberations, and preserve them for the record.

The court shall read the appropriate final instructions. The court shall reduce its final instructions to writing or make an audio, electronic or other recording of those instructions, provide at least one written copy or recording of those instructions to the jury for use during deliberations, and preserve those instructions for the record.

CRITICAL

Applies to

Motion to transfer

Unless good cause is shown, a motion to transfer to the regular docket must accompany each timely written counterclaim or crossclaim exceeding $6,000 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 $6,000.00 (or the jurisdictional limit) and shall be transferred to the regular docket.

CRITICAL

Applies to

Motion to withdraw

After appearing, an attorney may withdraw only with court permission by written motion stating the reasons, identifying any substitute attorney, and proving 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

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

Motion to certify case

A party filing an over-jurisdictional counterclaim, crossclaim, or third-party complaint 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

Jury demand

For an unresolved case, a written jury demand must be filed when required by the Ohio Rules of Civil and Criminal Procedure before prospective jurors are summoned.

Such action shall be prompted by the filing of a written jury demand, if required by the Ohio Rules of Civil and Criminal Procedure, in cases that have not been resolved at pre-trial or other appropriate hearing.

CRITICAL

Applies to

Electronic document

A Cover Page must be submitted with each electronically filed document.

For each electronic document filed, the filer shall submit a Cover Page

CRITICAL

Applies to

Forcible entry and detainer complaint

If the plaintiff is a corporation, an attorney must sign and prosecute the complaint.

When the plaintiff is a corporation, the complaint must be signed and prosecuted by an attorney.

CRITICAL

Applies to

Pro hac vice motion

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

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

Proposed journal entry

Must include

case number

A proposed journal entry must contain the case number by reference.

the proposed journal entry shall contain, by reference, the case number of the case.

CRITICAL

Applies to

Written bond information

To overcome the presumption of a personal bond, the police officer and/or law department must provide the court with written Criminal Rule 46 information, including the listed categories.

In order to overcome the presumption of a personal bond, the police officer and/or law department shall provide information in accordance with Criminal Rule 46 to the court in writing, including: A. Record of criminal convictions for any: (1) Offenses of violence as defined by R.C. 2901.01, (2) Criminal cases within the past five (5) years other than minor misdemeanors, and (3) Major traffic offenses as defined by Traffic Rule 13(B), B. If the defendant is currently on community control supervision / probation, parole or post-release control and the name of the court, C. The nature and circumstances of the offense charged, which may include the police report, including: (1) Injury to victim and/or damage to property, (2) Use of weapon in offense possession, ownership, or access to a firearm or whether the defendant has a CCW permit, (3) Alcohol or drug related or involved, D. Active warrants with verification for pickup, E. Known medical, mental health, and/or substance abuse issues, F. Booking screening information if arrested, or if arrested with no booking screen information, an explanation for absence, G. Known occupation or source of income/support, and H. Any other information requested by the judge or presented by the government based on the circumstances of the case.

CRITICAL

Applies to

Jury demand

A jury demand in a Small Claims Division case is allowed only if 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

Jury instructions

Each party must file a complete set of jury instructions suitable for charging the jury seven full days before trial.

C. Each party shall file, seven (7) full days in advance of trial, a complete set of instructions suitable for charging the jury in the captioned matter.

CRITICAL

Applies to

Transcript request

Transcript requests must be in writing, directed to the judge or magistrate who heard the case, and accompanied by an unopened thumb drive.

All requests for transcripts of any court proceeding shall be in writing and directed to the judge or magistrate who heard the case. The Court also requires an unopened thumb drive be submitted along with the request.

CRITICAL

Applies to

Motion

A movant who wants a particular reporting firm appointed to transcribe a recording must file a motion seeking the appointment.

If movant or movant’s counsel wants a particular reporting firm appointed to transcribe a recording, a motion seeking such appointment must be made.

CRITICAL

Applies to

Document containing multiple signatures

Before proceeding with a document requiring multiple signatures, the filing party or attorney must confirm that its content is acceptable to everyone required to sign.

The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document.

CRITICAL

Applies to

Jury questionnaire

Every question on the jury questionnaire must be answered.

ALL QUESTIONS MUST BE ANSWERED

CRITICAL

Applies to

Program agreement

A defendant entering the Selective Intervention Diversion Program must sign a program agreement.

The defendant shall sign a program agreement.

CRITICAL

Applies to

Pleading motion petition

Attorneys, but not pro se litigants, must identify trial counsel and include counsel's specified contact and registration information on filed pleadings, motions, petitions, and similar documents; a law firm may not be designated as trial counsel.

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. A law firm shall not be designated as trial counsel.

CRITICAL

Applies to

Mediation status report

At mediation's conclusion, the court must be informed whether mediation occurred or ended, the settlement status, attendance, future sessions, and any applicable additional provisions.

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

Traffic or criminal docket entry

A written complaint or uniform traffic ticket must be filed before an individual's name is placed on the traffic or criminal docket.

The Clerk of Rocky River 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.

CRITICAL

Applies to

Courtroom recording request

No recording shall be made of any court proceeding without approval of the judge or magistrate conducting the proceeding. All such recording must conform to the guidelines set forth in Ohio Rules of Superintendence for Ohio Courts. 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 one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

No recording shall be made of any court proceeding without approval of the judge or magistrate conducting the proceeding. All such recording must conform to the guidelines set forth in Ohio Rules of Superintendence for Ohio Courts. 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 one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

Applies to

Default judgment

A party seeking default judgment must submit proof of damages to the court by affidavit or testimony.

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

CRITICAL

Applies to

Fax filing

1. The person filing a document by fax shall also include a cover page containing all of the following information:

1. The person filing a document by fax shall also include a cover page containing all of the following information:

CRITICAL

Applies to

Trial brief

Parties must file a trial brief seven full days before trial.

Parties shall file a trial brief seven (7) full days in advance of trial.

CRITICAL

Applies to

Change of attorney address or email

Attorneys are responsible for providing changes to the email address used for assignment notices; address or email changes must be submitted in writing to the Clerk, and filings must show counsel's current contact information.

It is the sole responsibility of attorney to provide any change of email address for which assignment notices are sent. Any change of attorney address or email must be submitted in writing to the Clerk of Court at Rocky River Municipal Court. In addition, any filings with this Court must have counsel’s current contact information reflected on all documents.

CRITICAL

Applies to

Fax or email filing

If an exhibit cannot be accurately transmitted with a fax or email filing, an insert page describing the exhibit and why it is missing must replace it.

G. EXHIBITS 1. 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

Forcible entry and detainer complaint

A forcible entry and detainer complaint must state the reason for eviction and include the statutory notice and the written instrument underlying the claim.

A complaint in Forcible Entry and Detainer shall be filed and shall contain a reason for the eviction, a copy of the notice under ORC § 1923.04, and a copy of the written instrument upon which the claim is founded.

CRITICAL

Applies to

Pro hac vice notice

After permission to appear pro hac vice is granted, the applicant must file the notice and 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

Continuance motion

If counsel relies on a conflicting trial date to request a continuance, the conflicting trial notice must be attached to the continuance notice.

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

Fax or email filing

A signed document filed by fax or email must be transmitted either with its physical signature or with an “/s/” notation and signer’s name, and the filer represents that the signed original is in their possession or control.

F. SIGNATURE 1. A party who wishes to file a signed source document by fax or email shall either: a. Fax or email a copy of the signed source document; or b. Fax or email 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. 2. A party who files a signed document by fax or email represents that the physically signed source document is in his/her possession or control.

CRITICAL

Applies to

Jury summons

The summons must state that written forms to seek 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.rrcourt.net. (Attachment C).

CRITICAL

Applies to

Motion

Motions must be in writing.

All motions shall be in writing

CRITICAL

Applies to

Juror exit survey

The court must use a juror exit survey and maintain regular data on all jury pools.

To achieve these goals, the court shall adopt and utilize a juror exit survey, (see Attachment D) along with maintaining regular data on all jury pools as maintained by the jury administrator.

CRITICAL

Applies to

Electronically filed document

An electronic filer need not submit a hard copy but must keep the source document available on request through the case's final disposition and the applicable appeal period.

The person filing electronically need not file a hard 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. c. The filer must maintain this source document until the final disposition of the case and through any Notice of Appeal, or, if appealed, appeal period.

CRITICAL

Applies to

Exhibit filing

A separately filed missing exhibit must have a signed cover sheet with the specified case caption information and must be served under the rules governing 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 North Olmsted’s Notice of Filing Exhibit ‘G’ to Plaintiff North Olmsted’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

Recording copy request

A request for a copy of a court proceeding recording must be accompanied by an unopened thumb drive.

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

CRITICAL

Applies to

Request for excusal exemption or deferral

Requests for excusal, exemption, or deferral must use the appropriate form described in Rule 4 and attached to the rule.

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

Default judgment

For an account-based default judgment, 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

Jury summons

The summons must provide the listed service, travel, compensation, accessibility, response, and reporting-status information.

The Summons shall include the following information: the date of service, directions to the court, parking, public transportation, per diem compensation set by the most current Administrative Journal Entry setting such rate, attire, meals and how to obtain auxiliary aides and services required by the Americans with Disabilities Act. It shall further explain how and when the recipient must respond, the consequences of a failure to respond, and how the recipient may check reporting status by phone. (Ohio Jury Management Standard 1 and 11) (Attachment B).

CRITICAL

Applies to

Jury summons

The summons must state that service lasts one day or until one trial is completed, whichever is longer.

The Summons shall indicate that the term of service for any prospective panel shall be one day or the completion of one trial, whichever is longer. (Ohio Jury Management Standard 5)

CRITICAL

Applies to

Electronically filed pleading

Electronically filed pleadings must be signed by an Ohio-admitted attorney or an unrepresented party.

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

CRITICAL

Applies to

Motion

Motions for joinder, consolidation, or separation must be addressed to the administrative judge, and enough copies must be provided to the clerk for every affected file or the partial filing will be stricken.

Motions for joinder, consolidation and separation of civil cases shall be addressed to the administrative 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

Not guilty plea letter

A not-guilty plea letter must include counsel's specified contact and registration details, address speedy-trial and jury-trial rights, and state whether the defendant is willing to have the case heard by a magistrate; omissions have stated consequences.

The letter shall include counsel’s name, email address, office address and zip code, office telephone number, and counsel’s Ohio Supreme Court Certificate of Registration Number. The letter shall 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

Court appointed counsel application

A. APPLICATION: The attorney must submit a written application to the Administrative 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. The application shall also include any special areas of expertise, such as

A. APPLICATION: The attorney must submit a written application to the Administrative 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. The application shall also include any special areas of expertise, such as

CRITICAL

Applies to

Fax cover page

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

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 to whom the case is assigned, if any; 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

WARNING

Applies to

Agreement

An oral agreement will be recognized only if it is made in open court.

No oral agreement by counsel or with parties or an officer of the court will be regarded unless made in open court.

WARNING

Applies to

Filing

The filer must indicate other counsel’s or parties’ agreement in the document, usually on the signature line.

The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.

WARNING

Applies to

Mediation case summary

Attorneys may submit a Mediation Case Summary voluntarily, but must submit one if the judge or magistrate requires it; a submitted summary should contain the applicable listed 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

User agreement form

The Clerk sets up an electronic-filer account and assigns credentials upon receipt of a properly completed and signed User Agreement Form.

Upon receipt of a properly executed and signed User Agreement Form, the Clerk of Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing document.