South Euclid Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

certificate of service

Each civil motion must include a certificate of service showing service on the opposing party or that party’s counsel.

(C) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.

CRITICAL

Applies to

Facsimile cover page

A person filing by fax must provide a cover page containing the information specified in Rule 6(D).

(D) The person filing a document by fax shall also provide a cover page containing the following information:

CRITICAL

Applies to

Default judgment motion

Default-judgment motions generally require proof of damages, except in cases based on an account; promissory-note motions must include the specified supporting documents.

(B) A default by a defending party is an admission of allegations in the claim except damages. Civ.R.8(D). For all motions (other than cases based on an account), proof of damages is required. For cases based on a promissory note, the motion shall include the following documents:

CRITICAL

Applies to

Default judgment motion

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

(A) Motions for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and the answer date.

CRITICAL

Applies to

Criminal or traffic hearing

A defendant charged with a traffic or criminal offense must attend the initial appearance and all later hearings unless an exception applies.

(A) Persons charged with traffic and/or criminal offenses must be present at the initial appearance as well as all subsequent hearings except as set forth herein. Failure to appear will result in the issuance of an arrest warrant and/or other appropriate sanctions.

WARNING

Applies to

Letter or notice of appearance

Counsel may satisfy the defendant’s initial-appearance requirement by filing a letter or notice before the appearance date containing the specified information.

(B) The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following:

WARNING

Applies to

Withdrawal of counsel

After appearing, counsel may withdraw only with written court approval for good cause.

(C) Once an appearance is made, counsel may withdraw from a case only by written leave of court for good cause shown.

WARNING

Applies to

Signed facsimile filing

(F) A party filing a signed source document by fax shall either fax a copy of the signed source document, or fax 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 on the signed source document. The individual filing a signed document by fax represents that the physically signed source document is in such party’s possession or control.

(F) A party filing a signed source document by fax shall either fax a copy of the signed source document, or fax 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 on the signed source document. The individual filing a signed document by fax represents that the physically signed source document is in such party’s possession or control.

WARNING

Applies to

Pleading motion or other document

Each filing must identify its title and filer; attorney filings must also include the attorney’s registration number, firm name if any, and contact information.

Every pleading, motion, or other document filed in a case shall be identified by title and shall bear the name, address and telephone number of the individual filing the same. Documents filed by an attorney shall include the name of the attorney, his or her Ohio Supreme Court registration number and firm name, if any, as well as his or her address, telephone number, fax number and e-mail address.

WARNING

Applies to

Objection to finding of fact

An objection to a factual finding must include the relevant transcript or, if unavailable, an affidavit of the evidence.

(D) Any objection to a finding of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.

WARNING

Applies to

Promissory note default judgment motion

For secured or personal-property promissory-note claims, the motion must identify who possesses the property and, if repossessed, include an itemized sale-price accounting after costs of sale.

(2) If the promissory note was for the purchase of a car or other personal property, or, if the movant held a security interest in any property, the documents shall show who has possession of the property. If said property has been repossessed, the documents shall include an itemized statement, which shows the sale price less all costs of sale.

WARNING

Applies to

Objections to magistrate decision

Objections must state specific grounds and include the filing party’s signed statement that copies were served on all other parties.

(C) Objections shall be specific and state with particularity the grounds for the objections. They shall further contain a statement signed by the filing party that copies have been served on all other parties.

WARNING

Applies to

Recording or broadcast application

A written application to record or broadcast a proceeding must be made to the assigned judge as early as reasonably practical and at least one-half hour beforehand, unless the judge permits otherwise.

(A) Application for permission to record and/or broadcast proceedings shall be made in writing to the assigned judge as far in advance as reasonably practical, but in no event less than one-half hour prior to the proceeding unless otherwise permitted by the judge.

WARNING

Applies to

Facsimile exhibit

An exhibit that cannot be accurately transmitted by fax must be replaced with an insert page describing the exhibit and why it is missing.

(G) Each exhibit to a facsimile-produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

WARNING

Applies to

Motion

Each civil motion must be supported by a brief citing applicable case and statutory law.

(C) Motions shall be supported by a brief citing applicable case and statutory law.

WARNING

Applies to

Motion or brief

A motion or brief citing non-Ohio statutes or regulations or unreported decisions must attach copies of those authorities.

(G) All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rules of Court shall have attached to the motion or brief a copy of the statute or regulation. Copies of unreported court decisions cited or referred to in a motion or brief shall also be attached to the motion or brief.

WARNING

Applies to

Recording or broadcast application

A recording application must identify and be signed by the applicant, specify the equipment, and complete required pooling before submission.

(3) Although no special form of application is required, it must identify and be signed by the applicant and specify the type of equipment to be used. The “pooling” required by Rule 12 of the Rules of Superintendence for the Courts of Ohio shall be accomplished prior to submission of the application.

WARNING

Applies to

Small claims complaint

(A) The plaintiff may begin a small claims action by filing a complaint and paying the required costs. The complaint should be written in plain, concise language. All pleadings will be construed to accomplish substantial justice.

(A) The plaintiff may begin a small claims action by filing a complaint and paying the required costs. The complaint should be written in plain, concise language. All pleadings will be construed to accomplish substantial justice.

WARNING

Applies to

Trial brief

An ordered trial brief must identify the issues, authorities, intended witnesses, and intended exhibits, and include copies of specified non-Ohio authorities and unreported decisions.

(B) The brief shall state the issues involved, authorities upon which the party intends to rely at trial, a list of witnesses the party intends to call and a list of all exhibits the party intends to introduce at trial. Briefs containing references to statutes or regulations other than the Ohio Revised Code or Ohio Rules of Court shall have attached to the brief copies of the statutes or regulations. Copies of unreported court decisions cited or referred to in a brief shall also be attached to the brief.

WARNING

Applies to

Promissory note default judgment motion

A promissory-note default motion must include an itemized accounting of charges, amounts due, payments, and credits.

(1) An itemized accounting, which shows all charges and all money due, all payments made, and all credits applied.

WARNING

Applies to

Pleading or motion

Complaints and pleadings naming new parties must include the specified party names and known addresses; other pleadings and motions must identify the case number and first plaintiff and defendant.

The caption of the complaint shall state the name and address, if known, of each party. The caption on any other pleading adding or naming new parties shall state the names and addresses, if known, of the new parties. All other pleadings and motions shall state the case number and the name of the first party plaintiff and the first party defendant.

WARNING

Applies to

Motion to appoint court reporter

A party seeking stenographic recording must arrange and pay the reporter in advance and file a written motion to designate the reporter as official.

a party desires recording by stenographic means, such party must arrange for the presence and advance payment of a court reporter and further file a written motion requesting that such individual be named as the official reporter for the hearing.