Struthers Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Forcible entry and detainer complaint

A forcible-entry-and-detainer complaint based on breach of a written contract must state the eviction reason in the body and attach the legally prescribed three-day notice.

A complaint in forcible entry and detainer filed with the clerk of the Struthers Municipal Court based upon a breach of a written contract shall specifically set forth the reason(s) for the eviction in the body of the complaint and attach thereto a three (3) day notice as is prescribed by law.

CRITICAL

Applies to

Forcible entry and detainer complaint

A forcible-entry-and-detainer complaint based on breach of a month-to-month tenancy must state the eviction reason in the body and attach the legally prescribed 30-day and/or three-day notice.

A complaint in forcible entry and detainer filed with the clerk of the Struthers Municipal Court based upon a breach of a month-to-month tenancy shall specifically set forth the reason(s) for the eviction in the body of the complaint and attached thereto a thirty (30) day and/or three (3) day notice as is prescribed by law.

CRITICAL

Applies to

Small claims complaint

A small-claims complaint form must be completed in full, signed before a notary or Clerk/Deputy Clerk, and delivered to the Clerk of Court.

Forms to file a small claims complaint can be printed from the court's website found at www.StruthersCourt.com. The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.

CRITICAL

Applies to

Motion to transfer small claim

A defendant's motion to transfer a small-claims case must be accompanied by an affidavit stating that a good defense exists, its grounds, the reason for transfer, and compliance with any court-imposed terms.

A case duly entered on the docket on the small claims division shall be transterred to the regular docket of the court upon the motion of the court made at any stage of the proceedings; upon the motion of defendant, accompanied by an affidavit stating that a good defense to the claim exists; setting forth the grounds of the defense; setting forth the reason such transter is requested; and the compliance of the defendant with any terms fixed by the court; or by the filing of a counterclaim in an amount greater than $6,000.00.

CRITICAL

Applies to

Complaint

An account complaint must include a complete, itemized account beginning at a zero balance, and the court may dismiss a noncompliant complaint without prejudice.

Any action filed upon an account shall have attached to the complaint a copy of such account, which account shall begin from a zero balance and indicate each and every charge against and every credit for the party to be charged; the dates each debit was charged and credit was applied and which shall be a complete itemization of the account to the date of the filing. The court in its discretion may summarily dismiss, without prejudice, any complaint filed which is not in compliance with this rule.

CRITICAL

Applies to

Criminal complaint

Criminal complaints must comply with Ohio Criminal Rule 3.

Criminal complaints shall comply with Ohio Criminal Rule 3.

CRITICAL

Applies to

Affidavit in forma pauperis

A civil filer seeking the fee waiver must submit an Affidavit in Forma Pauperis with the specified sworn statement.

All fees and costs shall be waived in civil cases upon the filing of an Affidavit in Forma Pauperis stating under oath that the filer does not have the means to produce said fees and/or cost without suffering a hardship.

CRITICAL

Applies to

Judgment entry

When a matter set for trial settles, counsel must prepare and sign a judgment entry and present it to the court within 10 days after reporting the settlement.

In the event a matter set for trial is settled, counsel for the parties shall prepare and sign a judgment entry. Such judgment entry shall be presented to the court no later than ten (10) days after the parties reported to the court that the case had been settled.

CRITICAL

Must include

proposed order

An attorney seeking withdrawal must file a written motion with a proposed Judgment Entry stating the reasons and representing that the client received written notice, advice to obtain other counsel, and information about upcoming required appearances.

An attorney who desires to withdraw from representing a client in a civil or criminal case shall file a written motion to withdraw together with a proposed Judgment Entry representing the reasons for the withdraw. In the motion, the attorney shall represent that he notified his client in writing that he is no longer willing to provide further legal services for his benefit; that counsel informed his client that his client should immediately secure the assistance of other competent counsel and further informed his client of any upcoming dates his client is required to attend.

CRITICAL

Applies to

Motion

All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel together with a filing fee in accordance with the court's cost structure.

All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel together with a filing fee in accordance with the court's cost structure.

CRITICAL

Applies to

Summons

The summons must state the date, time, and place of each hearing.

Further, the clerk shall notify the tenant(s) in the body of the summons the date, time and place of each of said hearings.

CRITICAL

Applies to

Final judgment entry

A judgment entry that finalizes a case must specify how costs will be applied.

All judgment entries finalizing the case shall specify how the costs shall be applied

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance motion must include a proposed judgment entry that leaves the new time and date blank for the Court to set.

Motions for continuance shall be submitted in writing within seven (7) calendar days of a scheduled trial or hearing; said motion shall be accompanied by a $30.00 filing fee except in exigent circumstances stated or if continuance is required pursuant to the Ohio Rules of Superintendence; said motion shall provide the court with specific reasons for the continuance; and said movant shall submit a proposed judgment entry with the motion for continuance, leaving the time and date blank for the court to set a new date.

CRITICAL

Applies to

Judgment entry

When directed by the court, prevailing counsel must prepare a judgment entry and submit it to opposing counsel within 10 days, unless the court extends the time.

When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decreed is entered in a civil case shall, within ten (10) days thereafter, unless the time is extended by the court, prepare an appropriate Judgment Entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after its receipt and may in case of rejection, file objections thereto in writing with the court.

CRITICAL

Applies to

Small claims complaint

Small claims complaints must comply with Ohio Revised Code 1925.04(B).

Small claims complaints shall comply with Ohio Revised Code 1925.04(B).

CRITICAL

Applies to

Summons

The summons accompanying the complaint must set the date and time of the forcible-entry-and-detainer hearing.

Each Defendant will then be served a copy of the complaint by personal service, together with a summons setting the date and time the forcible entry and detainer will be heard.

CRITICAL

Applies to

Filed paper

Must include

judge name, case number

All filed papers must identify the cause by its style and number, name the judge, and state the case type and a short description of the pleading.

All papers filed with the Clerk of Court in any action or proceeding shall be typed on 8 ½" by 11" paper and filed under the style and number of the cause; shall include the name of the judge; a notation as to the type of case, a short description as to what type of pleading is being filed and any other information required by the civil or criminal rules.

CRITICAL

Applies to

Motion for telephonic appearance

A motion for telephonic appearance must be filed with notice to counsel or the opposing party and a Judgment Entry, which the Judge or Magistrate must grant for the motion to be approved.

A Motion for Telephonic Appearance must be filed with the Court, with notice to counsel/opposite party, along with a Judgment Entry. The Judgment Entry must be granted by the Judge/Magistrate for the motion to be approved.

CRITICAL

The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.

The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.

CRITICAL

Applies to

Written plea and speedy trial waiver

An arraignment without the defendant present is permitted only with the stated approvals and representation, and a written, signed consent, not-guilty plea, and speedy-trial waiver.

An arraignment without the appearance of the defendant is permitted only if the defendant is represented by counsel; the defendant's counsel orally or in writing secures the approval of the prosecutor and Judge and the defendant's consent, plea of "not guilty," and waiver of his right to a speedy trial shall be reduced to a writing and duly signed by the defendant and defendant's counsel.

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an Ohio-admitted attorney or by a party who is not represented by such an attorney.

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

CRITICAL

Applies to

Ohio uniform traffic ticket

If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule

If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule

WARNING

Applies to

Source document

The filer need not file the source document with the Clerk but must retain it, produce it on request, and keep it until the case and all appeal opportunities have ended.

The filer shall not be required to file the source document with the clerk but must maintain same in the filer's records, and have same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.

WARNING

Applies to

Publication service

In the event that personal service fails, the plaintiff or plaintiff's counsel may issue notice by publication and file with the clerk, an affidavit showing publication was made, and a copy of the notice of the final publication.

In the event that personal service fails, the plaintiff or plaintiff's counsel may issue notice by publication and file with the clerk, an affidavit showing publication was made, and a copy of the notice of the final publication.

WARNING

Applies to

Journal entry

A Journal Entry must be filed to obtain the described extension of time.

However, parties may generally obtain one (1) extension of time without leave of court not to exceed thirty (30) days, in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing a Journal Entry

INFO

Applies to

Case management plan

The parties may submit their own case management plan before the hearing for the Court’s consideration.

The parties may submit their own case management plan prior to the hearing for the Court's consideration.