Sidney Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include a creditor statement containing the specified creditor and account information.

The application must be accompanied by a statement as to creditors, containing the name and complete address of each creditor, what was purchased, amount due each creditor, and the account number.

CRITICAL

Applies to

Signed fax document

A party filing a signed document by fax represents that they possess or control the physically signed document.

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

CRITICAL

Applies to

Trusteeship payment

A debtor must submit a paystub with each trusteeship payment.

Debtor’s paystub shall be submitted with each trusteeship payment.

CRITICAL

Applies to

Complaint

An eviction complaint must state the reason for eviction and include the required statutory notice and, if applicable, the written instrument supporting the claim.

A complaint seeking the eviction of a tenant or resident must contain a reason for the requested eviction. A copy of the notice required by Section 1923.04 of the Ohio Revised Code must be attached to the complaint, as must a copy of the written instrument, if any, upon which the eviction claim is founded.

CRITICAL

Applies to

Citation

The citation for an adverse-weather violation must state “DUE TO ADVERSE WEATHER CONDITIONS.”

**(CITATION MUST STATE “DUE TO ADVERSE WEATHER CONDITIONS”)**

CRITICAL

Applies to

Signed fax document

A signed document filed by fax must either be faxed with its signature or as an unsigned copy marked “/s/” followed by the signer’s typewritten name.

A party who wishes to file a signed document by fax must either (1) fax the signed document to the clerk or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the typewritten name of the signing person.

CRITICAL

Applies to

E filed document

An attorney’s e-filed document should use the conformed signature “/s/[attorney name],” which is deemed to constitute a signature for the stated legal requirements.

Attorney Party Signature shall be signed with a conformed signature of “/s/[attorney name].” The conformed signature on an e-Filed document is deemed to constitute a signature on the document for the purposes of signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure, and any other law.

CRITICAL

Applies to

Written approval

Private-practice attorneys seeking court appointment to represent an indigent person must first obtain county public defender approval and then submit written approval to the Judges’ Judicial Assistant.

Attorneys in private practice who wish to be appointed by the court to represent indigent persons in criminal or traffic cases must first have approval from the county public defender’s office. Written approval must then be submitted to the Judges’ Judicial Assistant.

CRITICAL

Applies to

Filing

Filings require an original, a return copy, and one copy per defendant and/or representing attorney; eviction cases require two copies per defendant.

We require filings of original, return copy, and one copy per defendant and/or representing attorney. However, eviction cases require 2 copies per defendant.

CRITICAL

Applies to

Marriage ceremony

Both parties must bring photo identification and their marriage license to the ceremony.

Both parties shall bring a photo ID along with their marriage license to the ceremony.

CRITICAL

Applies to

Sealing or expungement application

An application to seal or expunge a conviction must be completed and submitted with the applicable fee.

Application must be filled out and accompanied with a fee as indicated below:

WARNING

Applies to

Continuance motion

If the request is grounded on an attorney’s prior commitment in another court on the date of the scheduled hearing in this court, a copy of the scheduling notice from that other court should be attached to the request for a continuance in this court.

If the request is grounded on an attorney’s prior commitment in another court on the date of the scheduled hearing in this court, a copy of the scheduling notice from that other court should be attached to the request for a continuance in this court.

WARNING

Applies to

Trial exhibits

Parties should bring to pretrial conferences all exhibits they hope to offer at trial.

The parties should bring to any pretrial conferences all of the exhibits that they hope to offer into evidence at the trial.

WARNING

Applies to

Filing

A defendant named in multiple criminal and traffic cases should make sure that all relevant case numbers are listed on any written not-guilty pleas, as well as on any other filings in the cases.

A defendant named in multiple criminal and traffic cases should make sure that all relevant case numbers are listed on any written not-guilty pleas, as well as on any other filings in the cases.

WARNING

Applies to

Document filed with clerk

The original of every document filed with the clerk should be signed by an attorney representing the party on whose behalf the document is filed. A party who is not represented by an attorney should sign any document being filed.

The original of every document filed with the clerk should be signed by an attorney representing the party on whose behalf the document is filed. A party who is not represented by an attorney should sign any document being filed.

WARNING

Applies to

Fax filing cover sheet

A fax-filing cover sheet should list the court and case information, document title, transmission date and fax number, page count, and the filer’s contact and registration information.

The cover sheet for a fax filing should list: (A) the name of our court; (B) the title of the case; (C) the case number; (D) the title of the document being filed; (E) the date of transmission; (F) the transmitting fax number; (G) an indication of the number of pages included in the transmission, including the cover sheet; (H) the name, address, telephone number, fax number, Supreme Court registration number (if any), and e-mail address of the person filing the faxed document.

WARNING

Applies to

Motion

Any party filing a motion with the court should present at the same time a proposed entry that the party wishes the assigned judge to sign. (No proposed entry need be tendered with a motion to suppress in criminal and traffic cases).

Any party filing a motion with the court should present at the same time a proposed entry that the party wishes the assigned judge to sign. (No proposed entry need be tendered with a motion to suppress in criminal and traffic cases).

WARNING

Applies to

Speedy trial waiver

Defendants who choose to waive speedy trial are encouraged to file a written waiver.

Defendants in criminal and traffic cases that are willing to waive their constitutional and statutory right to a speedy trial are encouraged to do so by filing a written waiver of that right.

WARNING

Applies to

Separate form

If personal identifying information is redacted or omitted from a document, the information should be provided to the court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information. A suitable example of that type of form is included in the appendix to the Rules of Practice of the Supreme Court of Ohio.

If personal identifying information is redacted or omitted from a document, the information should be provided to the court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information. A suitable example of that type of form is included in the appendix to the Rules of Practice of the Supreme Court of Ohio.

WARNING

Applies to

Motion or other written filing

Only the signed original of a motion (or other written filing) need be presented to the clerk, unless the court’s cost schedule specifies that multiple copies are required. If the motion or other document is to be filed in two or more case files; then the party presenting the document should provide sufficient copies with the original so that the clerk can place a copy in each case file to which the motion or other document pertains.

Only the signed original of a motion (or other written filing) need be presented to the clerk, unless the court’s cost schedule specifies that multiple copies are required. If the motion or other document is to be filed in two or more case files; then the party presenting the document should provide sufficient copies with the original so that the clerk can place a copy in each case file to which the motion or other document pertains.

WARNING

Applies to

Speedy trial waiver

The court presumes a defendant has not waived speedy trial unless and until the defendant waives it.

Unless and until a defendant waives the right to a speedy trial, the court will presume that the right has not been waived.

WARNING

Applies to

Jury service excuse request

Persons who wish to be excused entirely from jury service should present their requests to the court in writing, together with any additional documents that support the request.

Persons who wish to be excused entirely from jury service should present their requests to the court in writing, together with any additional documents that support the request.

WARNING

Applies to

Document filed with clerk

Parties and attorneys should list their contact information on each document presented for filing, and attorneys should also list their Ohio attorney registration numbers.

On each document presented to the clerk for filing, parties and attorneys should list their names, addresses, telephone numbers, fax numbers, and email addresses. Attorneys should also list their Ohio attorney registration numbers.

WARNING

Applies to

Document filed with clerk

Must include

case number

In addition, the case name and case number should be listed on each document filed with the clerk, as well as the title of the document (for example; Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).

In addition, the case name and case number should be listed on each document filed with the clerk, as well as the title of the document (for example; Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).

WARNING

Applies to

Date stamped copy request

To receive a date-stamped copy, a party should provide an extra copy and a sufficiently large self-addressed, postage-paid envelope.

A party who wishes to receive a date-stamped copy of a document submitted to the clerk for filing should provide the clerk with an extra copy of the document, along with a sufficiently large envelope that is self- addressed and postage-paid.

INFO

Applies to

Trial brief

Parties are encouraged to file trial briefs in non-jury cases when they believe the briefs would help resolve disputed factual or legal issues.

Parties are also encouraged to file trial briefs in non-jury cases if the parties feel that those briefs would be helpful to the court in resolving any disputed factualor legal issues in the case.

INFO

Applies to

Small claims complaint

A small claims action may be commenced by filing a complaint in accordance with Section 1925.04 of the Ohio Revised Code.

A small claims action may be commenced by filing a complaint in accordance with Section 1925.04 of the Ohio Revised Code.