Steubenville Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Attorney withdrawal motion

An attorney of record must seek withdrawal by motion with a judgment entry of approval and include the successor attorney’s name when possible.

Withdrawal of an attorney of record shall be made upon Motion with a Judgment Entry of Approval and, where possible, the name of the successor attorney shall be included in the judgment entry.

CRITICAL

Applies to

Rule copy

A copy of the Rule must be forwarded to the listed jail, police, sheriff, and highway patrol offices.

VII. A copy of this Rule shall be forwarded to the Jefferson County Jail and Steubenville Police Department, Jefferson county Sheriff's Office, and Ohio State Highway Patrol.

CRITICAL

Applies to

Jury service excuse exemption or deferral request

Requests to be excused, exempted, or deferred from jury service must be in writing and include appropriate documentation.

All requests for excuse, exemption, or deferral must be made in writing and shall be accompanied by appropriate documentation.

CRITICAL

Applies to

Court appointment list request letter

Attorneys seeking court appointments must submit a request letter for inclusion on the approved list and indicate the offense degree for which they are qualified.

Attorneys willing to accept court appointments are required to submit a letter of request to have their name placed on the court approved list for court appointments and shall indicate the degree of offense for which they are qualified under 0AC section 120-1-10.

CRITICAL

Applies to

Substitution of counsel application

Proposed substituted counsel must file an application with a judgment entry of approval and the counsel of record’s signed agreement to withdrawal.

The proposed substituted Counsel shall file an application with a Judgment Entry of Approval and the signature of the Counsel of Record agreeing to the withdrawal with a Judgment Entry.

CRITICAL

Applies to

Judgment entry

Counsel of record must prepare judgment entries for hearings unless the Court orders otherwise.

All Judgment Entries for hearings will be prepared by counsel of record unless otherwise ordered.

CRITICAL

Applies to

Motion for leave to plead

Absent good cause shown, the Court will not grant a third party leave to plead without the parties or counsel seeking such leave by written Motion.

Absent good cause shown, the Court will not grant a third party leave to plead without the parties or counsel seeking such leave by written Motion.

CRITICAL

Applies to

Judgment entry

An entry needing the Judge's immediate attention must be given to the Clerk, who will raise it with the Judge at the next available court break.

Any Entry which Counsel believes needs the immediate attention of the Judge shall be given to the Clerk of Court who will bring the matter to the attention of the Judge at the next available court break.

CRITICAL

Applies to

Drug offense convictions

The Clerk must submit drug-offense convictions to B.C.I. weekly.

The Clerk shall submit convictions for drug offenses to B.C.I. on a weekly basis.

CRITICAL

Applies to

Defendant written consent

Remote witness testimony in a criminal or traffic proceeding requires the defendant's written consent.

Remote testimony of a witness in a criminal/traffic proceeding requires written consent of the defendant.

CRITICAL

Applies to

Funeral request

An inmate’s funeral request must be in writing from the defendant, may be submitted by faxed letter, must include supporting information such as an obituary, and may concern only immediate family as defined in the rule.

Inmates requesting any funeral requests must be in writing from the defendant (a faxed letter from defendant in jail is acceptable) along with proof of information i.e. obituary. Funeral request can only be for immediate family (defined as spouse, children, brother, sister, mother, father, grandparents, grandchildren, mother-in-law, father-in- law, brother-in-law or sister-in-law).

CRITICAL

Applies to

Judgment entry

Judgment entries for signature must be submitted to the Clerk, not personally presented to the Judge.

All Judgment Entries to be signed are directed to the Clerk of Court who will provide them to the Court for review. No Judgment Entries shall be personally presented to the Judge.

CRITICAL

Applies to

Small claims petition

If a small-claims case involves a written contract or account, that document must be filed with the petition.

If the case involves a written contract or account, this document must be filed with the small claim's petition.

CRITICAL

Applies to

Limited driving privilege application

For the stated second-offense OVI circumstance, an ignition interlock and restricted driver's license are required, and proof of installation must be provided.

6. *IGNITION INTERLOCK* mandatory 2nd offense OVI within ten (10) years or more. Restricted driver's license required. Defendant must provide proof of installation of Ignition Interlock. Privileges revoked if violated.

CRITICAL

Applies to

Jury trial status conference materials

Motions in limine, proposed jury instructions, copies of case law, and trial briefs must be filed and discussed at the Status Conference.

The purpose of the Status Conference is two-fold. One: to ensure the case cannot be settled. Two: to address all pre-jury trial issues: all Motions In Limine; proposed jury instructions; copies of case law; or trial briefs, which must be filed and discussed at the Status Conference.

CRITICAL

Applies to

Mental health court referral form

To initiate placement in Mental Health Court, a referral form must be completed and delivered to the Mental Health Court Coordinator.

Placement into Mental Health Court is initiated by obtaining and completing a referral form that is available from the judge or probation department. This form must be completed and delivered to the Mental Health Court Coordinator.

CRITICAL

Applies to

Abstract of court record

The abstract of the court record for a qualifying conviction or bail forfeiture must be immediately forwarded electronically to the B.M.V.

and immediately electronically forward to the Bureau of Motor Vehicles (B.M.V.) an abstract of the court record of any such conviction or bail forfeiture.

CRITICAL

Applies to

Motion for leave to plead

Must include

proposed order, certificate of service

A motion for leave to plead must state the number of prior leaves, include proof of service to all parties or their attorneys of record, and be accompanied by a proposed Judgment Entry.

In all motions requesting leave to plead, counsel shall state the number of prior leaves to plead and proof of service to all parties or attorneys of record. A proposed Judgment Entry must accompany the Motion.

CRITICAL

Applies to

Limited driving privileges petition

A written petition (Exhibit D) shall be filed listing with specificity the reason the Defendant is under suspension, the purposes, times and places the privileges are requested as listed in R. C. 4510.021. General Conditions for Limited Driving Privileges are given to Defendant to read and sign (Exhibit E). Attached to the Petition must be: Written proof (on letterhead signed by the appropriate party) of the hours, days and designation needed, 2. An accurate and current BMV form 2006 or 2009, 3. Proof of payment of reinstatement fees if necessary to acquire privileges or payment plan entered into, 4. Proof of current insurance, Proof of unexpired license status from BMV (if expired, must renew license before Petition is filed).

A written petition (Exhibit D) shall be filed listing with specificity the reason the Defendant is under suspension, the purposes, times and places the privileges are requested as listed in R. C. 4510.021. General Conditions for Limited Driving Privileges are given to Defendant to read and sign (Exhibit E). Attached to the Petition must be: Written proof (on letterhead signed by the appropriate party) of the hours, days and designation needed, 2. An accurate and current BMV form 2006 or 2009, 3. Proof of payment of reinstatement fees if necessary to acquire privileges or payment plan entered into, 4. Proof of current insurance, Proof of unexpired license status from BMV (if expired, must renew license before Petition is filed).

CRITICAL

Applies to

Criminal property maintenance case filing

For a corporate criminal defendant, the filing must include proof of the correct statutory agent for an Ohio corporation or other reasonable documentation for an out-of-state corporation.

If the criminal Defendant is an Ohio corporation a printout from the Ohio Secretary of State website evidencing the correct statutory agent. If the corporate Defendant is an out of state corporation some other reasonable documentation to this effect.

CRITICAL

Applies to

Criminal property maintenance case filing

A criminal property maintenance case filed by the prosecutor must include a title report confirming ownership or, after transfer verification, a copy of the county auditor's tax duplicate.

A title report confirming ownership of the real property in question or after transfer verification a copy of the tax duplicate from the Jefferson County Ohio Auditors website as this cite is not always up to date.

CRITICAL

Applies to

Motion

Every motion must be in writing and accompanied by a written memorandum containing citations and counsel's arguments.

A. MOTIONS: All Motions must be in writing and accompanied by a written Memorandum containing citations and the arguments of counsel.

CRITICAL

Applies to

Criminal property maintenance case filing

Must include

certificate of service

The case filing must include the notice of violation and a certificate of service showing how the notice was served on the alleged violator.

A copy of the notice of violation and certificate of service evidencing how the notice was served upon the alleged violator.

CRITICAL

Applies to

Fingerprint card

Fingerprint cards must be placed in the Defendant's case file.

* Fingerprint cards shall be placed in the Defendant's case file.

CRITICAL

Applies to

Small claim transfer motion and affidavit

Transfer of a small claim to the regular docket requires a Motion and Affidavit and payment of the required costs, and is subject to the Judge’s determination that transfer is necessary.

Upon filing of a Motion and Affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required costs, the small claim will be transferred to the regular docket, if the Judge deems this to be necessary.

CRITICAL

Applies to

Default judgment

Must include

proposed order

The party requesting default judgment must submit a proposed Judgment Entry when filing the request.

The party requesting the Default shall submit a proposed Judgment Entry at time of filing.

CRITICAL

Applies to

Motion

Motions must be written, accompanied by a written memorandum of counsel's arguments, and comply with Criminal Rule 47.

All Motions shall be made in writing and accompanied by a written Memorandum containing the arguments of counsel. All Motions must comply with Criminal Rule 47.

CRITICAL

Applies to

Limited driving privilege application

If yellow plates are ordered, the defendant must obtain a judge-signed restricted-plate application, get the plates from the Deputy Registrar, and present them to the Clerk before the judgment entry is signed.

5. *YELLOW PLATES ONLY* (only if ordered) Defendant must fill out a "Restricted Plate BMV Application". It must be signed by the Judge. Defendant takes the application to the Deputy Registrar to get restricted plates. The restricted plates must be presented to the Clerk before the Limited Driving Privilege Judgment Entry will be signed by the Judge.

CRITICAL

Applies to

Motion for summary judgment

Must include

proposed order

A summary-judgment motion must include a proposed Judgment Entry.

The filing party must also attach a proposed Judgment Entry.

CRITICAL

Applies to

Form 95

The Court must complete Form 95 upon issuance, modification, or termination of an order in any of the listed circumstances.

(B) Definitions As used in this Rule: (1) "Local law enforcement agency" means the police department of a municipal corporation in which an offense occurred or, if the offense did not occur in a municipal corporation, the sheriff of the county in which the offense occurred. (2) "Mental illness" has the same meaning as in R.C. 5122.01. (3) "Offense of violence" has the same meaning as in R.C. 2901.01. (B) Completion of form. The court shall complete "Form 95" upon issuance, modification, or termination of a court order doing any of the following: (1) Ordering a person who pled guilty to or who was convicted of an offense of violence to receive a mental health evaluation; (2) Ordering a person who pled guilty to or who was convicted of an offense of violence to receive treatment for mental illness; (3) Approving a conditional release of a person who was found not guilty by reason of insanity; (4) Approving a conditional release of a person who was found incompetent to stand trial with no substantial probability of becoming competent again even with a course of treatment.

CRITICAL

Applies to

Complaint

Complaints should identify the property and state the violation and essential facts; citing only a numerical code section is insufficient.

Complaints should be specific as to the identification of the real property and contain a statement of the violation(s) and a written statement of the essential facts constituting the offense charged. Citation to numerical code section alone will not suffice.

CRITICAL

Applies to

Unlimited driving privileges motion

Unlimited driving privileges are subject to the stated ignition-interlock, license, insurance, and conditional plate requirements, and a $55 filing fee with the motion.

Unlimited Driving Privileges shall be granted in accordance with ORC Section 4510.022 subject to installation of certified ignition interlock device, verification of a restricted driver's license, proof of insurance, proof of restricted plates if ordered, and payment of a filing fee with the motion the sum of $55.00

CRITICAL

Applies to

Judgment entry

A judgment entry may not be presented to the Judge without the entire file.

No Judgment Entry shall be presented to the Judge without the entire file.

CRITICAL

Applies to

Criminal case

Criminal cases and traffic citations carrying a jail sentence must include a police report and a L.E.A.D.S. printout.

All criminal cases and any traffic citation that carries a jail sentence must include a police report and a L.E.A.D.S. printout.

CRITICAL

Applies to

Court order

Any such fingerprinting order must be journalized and docketed.

Any such Order shall be journalized and docketed.

CRITICAL

Applies to

Conditional release order

When the Court approves a conditional release, it must report the approval and release information to the Dispatch Office by hand-delivering a copy of its order.

If the Court approves a conditional release, the Court shall report the approval and information pertaining to the release to the Dispatch Office of the Steubenville Police Department by providing them with a copy of the Court's Order by hand delivery.

CRITICAL

Applies to

Pleading motion or other document

An unrepresented party must sign each filing, provide an address and telephone number, and state any facsimile number or e-mail address for electronic service.

A party who is not represented by an attorney shall sign the pleading, motion, or other document and state the party's address and telephone number. A party who is not represented by an attorney shall further state a facsimile number or e-mail address, if any, for service by electronic means under Civ.R. 5(B)(2)(f)

CRITICAL

Applies to

Traffic ticket and criminal complaint

Traffic tickets and criminal complaints must include the specified probable-cause information and supporting materials when filed.

All traffic tickets and criminal complaint filings for warrants and summons must have the following information presented at the time of filing before the Court can file the new tickets and complaints. The following is the probable cause checklist: 1. Criminal complaints must state "to wit" followed by a short summary of the facts; 2. "Defendant committed an offense" 3. Date of offense 4. All traffic tickets and criminal complaints must be filled out completely including the Ohio Revised Code and/or City Ordinance number (and degree of offense for criminal complaints) 5. If degree of crime is enhanced because of prior conviction, it must be stated "previously convicted of the crime of -" and set forth the applicable Court Caption and Case Number of the prior conviction. 6. Police/Incident report and/or a copy of the complaint intake filed in the Prosecutor's office. 7. Defendant's name on affidavit must match the name on the complaint. 8. Statement must match the charge on the complaint. 9. Complaint and affidavit must be signed by the Officer/Affiant or Prosecutor. 10. Officer/Affant's signature must be sworn to a Deputy Clerk. 11. All traffic tickets must be filed with a L.E.A.D.S. printout. 12. All criminal complaints must be filed with a personal identifier.

CRITICAL

Applies to

Continuance motion

A continuance request must include a written motion stating the reason and a Judgment Entry for the Judge’s signature.

No party shall be granted a continuance of a trial or a hearing without a written motion stating the reason for the continuance and a Judgment Entry for the Judge's signature.

CRITICAL

Applies to

Forcible entry and detainer complaint

A FED complaint must include any written lease and the applicable notice or notices to leave the premises.

The Forcible Entry and Detainer (FED) complaint must include a copy of any Written Lease Agreements and the Notices to Leave Premises-3 day notice for back rent or drug activity and 30 day notice followed by a 3 day notice for any reason other than back rent or drug activity.

CRITICAL

Applies to

Three day or thirty day notice

Each 3-day or 30-day notice must identify the person who served it, that person's relationship to the complainant if applicable, and the type of service.

All 3-day or 30-day notices must list the name of the person serving the notice and if not the complainant-the relationship to the complainant and the type of service, i.e. (a) posted at rental premises, place of abode, or (b) certified mail, or (c) personally served on whom.

CRITICAL

Applies to

Special jury instructions

Special jury instructions must be submitted to the Court by the status conference.

These special instructions must be given to the Court no later than the status conference.

CRITICAL

Applies to

Petition for limited driving privileges

A limited driving privileges petition calls for a copy of the BMV Form 2006 stating the reason for suspension and a copy of the insurance card.

COPY OF FORM 2006 FROM BMV STATING REASON FOR LICENSE SUSPENSION: COPY OF INSURANCE CARD ATTACHED

CRITICAL

When a protection order is terminated or amended, a new Form 10-A must be prepared and forwarded to the Steubenville Police Department.

Anytime that a protection order is terminated or amended a new Form 10-A shall be prepared and forwarded to the Steubenville Police Department for proper entry into the system.

CRITICAL

Applies to

Pleading motion or other document

Every filing by a represented party must be signed by an attorney of record and state the attorney's specified identifying and contact information.

Every pleading, motion, or other document of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name whose address, attorney registration number, telephone number, facsimile number, if any, and e-mail address, if any, shall be stated.

CRITICAL

Applies to

Proposed rescheduling judgment entry

After the court allows substitution, substituted counsel must file a proposed judgment entry rescheduling the case and serve the applicable judgment entries on the client and opposing counsel.

Upon allowance by the Court the substituted Counsel shall serve a copy of the judgment entry on the client and opposing counsel and file a proposed judgment entry rescheduling the case and serve a copy of the Judgment Entry on the client and opposing Counsel.

CRITICAL

Applies to

BCI disposition report

The BCI disposition report must contain the ITN, case style and number, the specified arrest or case event date, and the disposition date and determination.

The report is to contain: [R.C. 109.57(A)(2)]: • Incident Tracking Number (ITN). • Style and number of case. • Date of arrest, offense, summons, or arraignment. • Date of disposition - conviction, guilty plea, not guilty finding, dismissal, mistrial, not competent finding, nolle prosequi, any other final determination.

CRITICAL

Applies to

Exemption request

An attorney requesting an exceptional-circumstances exemption must submit materials demonstrating that high-quality, competent representation will be provided.

An attorney requesting such an exemption must submit to the Ohio public defender commission materials that demonstrate that high quality, competent representation will be provided.

CRITICAL

Applies to

Limited driving privilege application

Proof of work must be provided.

2. Proof of work.

CRITICAL

Applies to

Protection order submission

At arraignment, initial appearance, or sentencing, the Court must complete Form 10-A and the Clerk must send it with a copy of the applicable order or agreement to the Steubenville Police Department for entry into the national file.

At the time of arraignment, initial appearance, or sentencing the Court shall complete and the Clerk shall send Form 10-A and a copy of a protection order, no contact order, or consent agreement to the Steubenville Police Department for entry into the 'National Crime Information Center Protection Order Filei to facilitate nationwide enforcement of the order or agreement.