Sandusky Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Trusteeship order

An order appointing the Clerk of Court as Trustee must be prepared and approved by the Judge.

(B) An order shall be prepared appoin ng the Clerk of Court to act as Trustee and shall be approved by the Judge.

CRITICAL

Applies to

Pleading or brief

Any pleading or brief that refers to a statute or regulation must have a copy of it attached.

(F) All pleading and briefs containing references to statutes or regula ons shall have a ached thereto a copy of the statute or regula on.

CRITICAL

Applies to

Judgment entry

The judgment entry must state which party will pay court costs.

The judgment entry shall state which party will pay the court costs.

CRITICAL

Applies to

Continuance motion

A motion for continuance must be made in writing.

(P) All mo ons for con nuance shall be made in wri ng and proof of service upon opposing counsel of a copy of such mo ons shall be led not less than fourteen (14) days before the trial date.

CRITICAL

Applies to

Motion or exception

A motion or exception to be heard upon evidence must state that fact and be accompanied by the requisite affidavits.

(C Any mo on or excep on to be heard upon the evidence shall so state and shall be accompanied by requisite a davits.

CRITICAL

Applies to

Withdrawal entry

If the case and time have been assigned for hearings, the withdrawal entry must state that fact and the hearing date.

If the subject case and me has been assigned for hearings, that fact and the hearing date shall be set forth in the entry.

CRITICAL

Applies to

Notice of appointment

The notice of appointment must state the amount owed to the creditor and the total indebtedness.

no ce of the appointment of each creditor showing the amount owed said creditor and the amount of total indebtedness

CRITICAL

Applies to

Trusteeship application

A trusteeship application must contain a complete statement under oath identifying specified creditors, earnings and household information, and the person and date of a demand.

(A) An applica on by a debtor for a trusteeship under Sec on 2329.70 of the Ohio Revised Code must contain a full and complete statement, under oath, se ng forth: (1) The names of the secured and unsecured creditors with liquidated claims, their complete address, account numbers, and amount due and owing to each. If account is being administered by someone other than the creditor list their name and complete address. (2) The disposable amount of money earned in a thirty (30) day period by the applicant, as set forth in Sec on 2329.62 of the Ohio Revised Code, the usual day or days applicant receives his pay, his place of residence, the number of his dependants, their ages and rela on to the applicant. (3) The name of the person who made a demand upon him or her in accordance with Sec on 1911.40 of the Ohio Revised Code and date of such demand.

CRITICAL

Applies to

Proceedings in aid

A copy of the fifteen-day demand must accompany the required return receipt or certificate of mailing for Proceedings in Aid.

Unless a cer ed return receipt, United States Post O ce Form PS 3811 is received or a properly completed and stamped cer cate of mailing is received, and with a copy of the een (15) day demand, the Proceedings in Aid shall be returned to the party ling the same.

CRITICAL

Applies to

Continuance motion

The grounds for a continuance must be stated in the motion.

(Q) The grounds for con nuance must be stated in such mo on.

CRITICAL

Applies to

Small claim transfer request

A motion and affidavit must be filed to transfer a small claim to the regular docket.

Upon ling of mo on and a davit, as required by Ohio Revised Sec on 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.

CRITICAL

Applies to

Motion or exception

Counsel filing a motion or exception must file a memorandum briefly stating the points relied on and supporting authorities.

(A) Counsel ling any mo on or excep on shall le therewith a memorandum containing a short, concise statement of the points relied upon and the authori es suppor ng such conten ons and a true copy of it shall be served forthwith upon each opposing counsel and each party not represented by counsel.

CRITICAL

Applies to

Motion

Every motion must include a supporting brief or memorandum of authorities, or the motion may be stricken.

(N) All mo ons shall be accompanied by a brief or a memorandum of authori es in support of said mo on. In default thereof, such mo ons may be stricken from the les.

CRITICAL

Applies to

Motion

If a motion requires consideration of facts outside the record, the moving party must provide copies of the evidence offered in support.

If the mo ons require the considera on of facts not appearing of record, he shall also serve and le copies of all a davits, deposi ons, photographs or documentary evidence he desires to present in support of the mo on.

CRITICAL

Applies to

Motion

Each motion must be made in writing and accompanied by a memorandum containing supporting arguments.

All mo ons shall be made in wri ng and accompanied by a wri en memorandum containing the arguments suppor ng the mo on.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

When written findings are requested, the requesting party must prepare proposed findings of fact and conclusions of law and submit them to opposing counsel within five days, as directed by the judge.

When a request for nding of fact and conclusions of law is made, the judge shall direct the party making the wri en request to prepare, within ve (5) days, proposed nding of fact and conclusions of law and submit them to the opposing counsel.

CRITICAL

Applies to

Withdrawal entry

An attorney of record remains responsible for appearing at all noticed hearings unless a withdrawal entry is timely filed and approved by a Judge.

An a orney, having entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to no ces or call therefore, unless a court entry of withdrawal is mely led and approved by a Judge of the Court.

CRITICAL

Applies to

Bankruptcy notice

Written notification to the Court must identify the pending bankruptcy proceeding and its case number to trigger the specified judgment entry.

Upon wri en no ca on to the Court of any pending bankruptcy proceeding and the bankruptcy case number a ec ng any li gant in this Court, there shall be a judgment entry as follows:

CRITICAL

Applies to

Motion to advance case

A motion to advance a case out of numerical order must include an affidavit showing meritorious grounds for advancement.

(O) Mo ons to advance cases out of numerical order must be accompanied by a davit showing meritorious grounds for such advancement.

CRITICAL

Applies to

Motion

The moving party must provide a brief statement of reasons supporting the motion with citations to relied-on authorities.

(B) The moving party shall serve and le with his mo ons a brief wri en statement of reasons in support of the mo on with suppor ng cita ons of the authori es on which he relies.

CRITICAL

Applies to

Motion for continuance

A request to continue a trial must be made by written motion complying with the Civil Rules.

All request for the con nuance of a trial must be by wri en mo on which complies with Civil Rules.

CRITICAL

Applies to

Interrogatory objection

An objection to an interrogatory must reproduce the full interrogatory immediately before any discussion and citation of authority.

(E) Objec ons to interrogatories shall include, immediately preceding any discussion and cita on of authority, the interrogatory in full to which objec on is made.

CRITICAL

Applies to

Judgment entry

An entry prepared after rejection must note the exceptions.

If rejected, counsel so rejec ng shall, within twenty-four (24) hours a er rejec on, prepare an entry to the Court’s sa sfac on, duly no ng excep ons, and le the same with the Clerk.

CRITICAL

Applies to

Opposition

A party opposing a motion may serve and file a statement of reasons and supporting authorities within fourteen days after the motion is filed.

(C) Each party opposing the mo on may serve and le within fourteen (14) days a er ling of the mo on, a brief wri en statement of reasons in opposi on to the mo on suppor ng cita ons of the authori es on which he relies.

CRITICAL

Applies to

Final order

Every final order must be evidenced by a judgment entry signed by the judge.

Every nal order made by a Judge shall be evidenced by a judgment entry, which shall be signed by the Judge.

CRITICAL

Applies to

Stipulation of dismissal or other proper entry

le a s pula on of dismissal or other proper entry

le a s pula on of dismissal or other proper entry

CRITICAL

Applies to

Jury instructions

Parties seeking specific jury instructions must submit the proposed instructions to the court.

(D) All par es desiring speci c jury instruc ons shall, at least seven days prior to trial, le the proposed jury instruc ons with the court and serve the same upon opposing counsel.

WARNING

Applies to

Pleading

Sufficient additional copies of all pleadings must be filed with the Clerk to cover all necessary parties.

(F) Su cient addi onal copies of all pleadings must be led with the Clerk’s o ce to secure adequate coverage of all necessary par es.

WARNING

Applies to

Assignment

An assignment must be absolute and unconditional to prevent duplicity of payment.

The assignment must be absolute and uncondi onal, in order to prevent duplicity of payment.

WARNING

Applies to

First pleading

The first pleading must include trial counsel’s address, telephone number, and Supreme Court Number.

The address, telephone number and Supreme Court Number of the respec ve trial counsel shall be placed on the pleading of rst instance.

WARNING

Applies to

Jury service deferral request

A request to defer jury service must show necessity in writing or in another recorded form and include appropriate supporting documentation.

(E) Persons may be deferred from service by the Judge or other authorized court o cial upon applica on showing the necessity which shall be in wri ng or otherwise recorded. All such requests must be accompanied by suppor ng, appropriate documenta on.

WARNING

Applies to

Complaint

If an assignment is part of the case and is expected to be offered in evidence, a true copy of the entire assignment in unconditional form must be attached to the complaint.

(I) Where an assignment is part of a case and is expected to be o ered in evidence, a true copy of the en re assignment in uncondi onal form shall be a ached to the complaint.

WARNING

Applies to

Proof of disposable earnings and exemption eligibility

The Trustee may require proof of disposable earnings and exemption eligibility by affidavit or otherwise, whenever the Trustee deems necessary.

The Trustee is hereby authorized to require proof of disposable earnings and eligibility for exemp on of payment by a davit or otherwise and at such mes as he/she shall deem necessary.

WARNING

Applies to

Objections to magistrate findings

The objec ons to the magistrate’s ndings should state, with speci city, the reason a new hearing is requested along with the ling fee and transcript of hearing.

The objec ons to the magistrate’s ndings should state, with speci city, the reason a new hearing is requested along with the ling fee and transcript of hearing.

WARNING

Applies to

Account

(K) In ac ons on an account, the account must show the name of the party charged and contain the following: (1) A beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum.) (2) Listed items (or an item, dated and iden able by number

(K) In ac ons on an account, the account must show the name of the party charged and contain the following: (1) A beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum.) (2) Listed items (or an item, dated and iden able by number

WARNING

Applies to

Proposed findings submission

Any objections and counterproposals submitted with the proposed findings must be in writing.

Within ten (10) days a er its receipt by the opposing counsel, the proposed ndings shall be submi ed to the Court with objec ons and counter proposals, if any, in wri ng

WARNING

Applies to

Pleading entry or motion

Attorneys must sign all pleadings, entries, and motions legibly or print the spelling of their name beneath the signature.

(H) A orneys must subscribe legibly all pleadings, entries and mo ons or in the alterna ve print the spelling of their name beneath the signature.

WARNING

Applies to

Request

Requests must be in writing or made by a written praecipe signed by the requesting party in interest or their attorney.

(G) All requests shall be in wri ng or by wri en praecipe signed by the reques ng party in interest or their a orney.

WARNING

Applies to

Objections to judgment entry

If opposing counsel rejects the judgment entry, that counsel may file written objections with the Court.

may, in case of rejec on, le objec ons thereto in wri ng with the court.

INFO

Applies to

Satisfaction of judgment

Sa sfac on in whole or part of a Judgment may be entered on the docket by the a orney of record, a ested to by the Clerk or deputy clerk, or by judgment entry signed by the party or the a orney of record and approved by the Judge along with the Court’s ling fee.

Sa sfac on in whole or part of a Judgment may be entered on the docket by the a orney of record, a ested to by the Clerk or deputy clerk, or by judgment entry signed by the party or the a orney of record and approved by the Judge along with the Court’s ling fee.