Sylvania Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Fax filing insert page

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

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.

CRITICAL

Applies to

Motion to seal

A party seeking to seal an eviction record must file a written motion even if the landlord agrees to sealing.

(F) Application to have an eviction record sealed must be made by motion (see form page 41. The following conditions apply: 1) The party seeking to have the record sealed must file a written motion, even if the landlord agrees to the sealing in a settlement agreement or agreed judgment entry.

CRITICAL

Applies to

Notice of continuance

The continuance notice must warn the defendant that failure to appear may result in an arrest warrant or, if applicable, driver’s license forfeiture.

The Clerk of Court shall cause a notice of continuance date to be mailed to the defendant, which shall inform the defendant that failure to appear on the continuance date shall result in the issuance of a warrant for their arrest or driver’s license forfeiture if applicable.

CRITICAL

Applies to

Judgment entry

If counsel does not prepare the judgment entry, the Court must prepare and file it with the Clerk for journalization.

iv. Judgment Entries - The judgment specified in Rule 58 of the Ohio Rules of Civil Procedure shall be journalized within thirty (30) days of the judgment. If the entry is not prepared by counsel, it shall be prepared by the Court and filed with the Clerk of Court for journalization.

CRITICAL

Applies to

Ohio Public Defender form

Appointed counsel must complete and return the Ohio Public Defender form to the Judge within 14 days of final disposition.

The Clerk shall provide Ohio Public Defender forms to the appointee. The form must be completed/returned and submitted to the Judge within fourteen (14) days of final disposition of the case.

CRITICAL

Applies to

Motion

Unless made during a hearing or trial, a motion must be written and state particularly its basis and the relief or order sought.

Any motion, unless made during a hearing or trial, shall be in writing and shall state with particularity the basis and the relief or order sought.

CRITICAL

Applies to

Attorney fee request

A request for attorney fees must cite applicable law and include an itemized fee statement.

(F) Any request for attorney fees must be supported by applicable law and include an itemized fee statement.

CRITICAL

Applies to

Fax filed signed document

A party faxing a signed document must fax either the signed source document or an unsigned copy bearing “/s/” and the signer's name where the signature would appear.

A party who wishes to file a signed source document by fax shall either; i. Fax a copy of the signed source document: or ii. 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 in the signed source document.

CRITICAL

Applies to

Electronically transmitted document

A signature on an electronically transmitted document is attributed to the attorney or party it purports to be, but a document transmitted without authority must be stricken.

Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.

CRITICAL

Applies to

Motion to strike

A motion to strike a pleading must quote every word it seeks to strike.

Any motion to strike a pleading shall quote all words that are sought to be stricken.

CRITICAL

Applies to

Request for permission

A request for permission to broadcast, televise, record, or photograph a courtroom proceeding must be submitted to the Judge before the proceeding begins.

Requests for permission for the broadcasting, televising, recording or taking of photographs in the courtroom must be submitted to the Judge prior to the scheduled time of commencement of the proceeding.

CRITICAL

Applies to

Fax filed source document

The filer must retain the source document until the case is closed and all opportunities for post-judgment relief are exhausted.

The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Jury summons

A jury summons must include a jury questionnaire and a request for excuse, exemption, or deferral.

The summons shall include a jury questionnaire and a request for excuse, exemption or a deferral.

CRITICAL

Applies to

Motion

If the motion relies on facts outside the record, the movant must serve and file the supporting documents, exhibits, and affidavits at the same time as the motion.

If consideration of facts not appearing of record is required, movant shall serve and file copies of those documents, exhibits and affidavits offered in support of the motion simultaneously with the motion.

CRITICAL

Applies to

Motion to withdraw or revive action

Must include

proposed order

Motions to withdraw as attorney of record or to revive an action are considered ex parte and must include an order for the judge's signature; they may be set for oral hearing.

Motions to withdraw as attorney of record and to revive action shall be considered ex parte in nature and shall be accompanied by an order for signature by the Judge. These motions may be set for oral hearing.

CRITICAL

Applies to

Filed document

Mailing addresses for all parties and counsel must be provided with the correct ZIP code.

The mailing address must be given for all parties and counsel and shall include the correct zip code.

CRITICAL

Applies to

Request for permission

Both a request for permission and its allowance must be in writing and made part of the proceeding’s record.

The request for permission, and the allowance of the request, must be in writing and made a part of the record of the proceedings.

CRITICAL

Applies to

Reinstatement motion

Reinstatement requires a written motion showing good cause.

Cases dismissed under the Rule may be reinstated only upon written motion showing good cause filed within ninety (90) days

CRITICAL

Applies to

Notification and list of detainees eligible for release

If the facility exceeds maximum capacity and the notifications and eligible-detainee list were not provided to each criminal court’s Administrative Judges by 0830 hours, no detainees may be released that day, and the notification and list must be provided the next day courts operate.

Should the facility exceed the maximum capacity on a day in which notifications and a list of detainees eligible for release were not provided to Administrative Judges of each criminal court by 0830 hours, the Sheriff shall not release any detainees and shall provide appropriate notification and a list of detainees eligible for release the next day in which courts operate

CRITICAL

Applies to

Electronically filed document

Electronic filing by an attorney, an authorized filer, or an unrepresented party constitutes that attorney’s or party’s signature under Ohio Civil Rule 11.

The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.

CRITICAL

Applies to

Missing exhibit cover sheet

Must include

caption, judge name, case number

A separately filed missing exhibit must have a cover sheet with the specified court and case information and exhibit title.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss, See example page 27), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an Ohio-admitted attorney or by a party 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

Notice of filing of exhibit

Must include

certificate of service

The notice-of-filing form includes a certificate stating that a copy was sent to defendant's counsel by ordinary U.S. mail, with the date and recipient identified.

CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing Exhibit “G” was sent by ordinary U.S. mail on (date) to counsel for defendant Bill Jones, (name & address of recipient).

CRITICAL

Applies to

Complaint

The plaintiff or the plaintiff's attorney must file one complaint copy for each defendant to be served with summons.

It shall be the duty of the plaintiff, or his attorney, to file with the complaint as many copies thereof as there are defendants to be served the summons in said action.

CRITICAL

Applies to

Document filed by represented party

Must include

caption, case number

The first page of each document filed by a represented party must identify the case caption and number, document title, and responsible attorney's specified contact and code information.

Each document filed by each party represented by counsel shall designate, on the first page therefor, the caption of the case and case number, the title of the document, the name, address, telephone number, fax number, and code number of the attorney responsible for the case.

CRITICAL

Applies to

Notification of Administrative Release form

The Sheriff’s Office must document each Tier II release on a Notification of Administrative Release form and provide it to the listed recipients, as applicable.

All Tier II releases shall be documented on a Notification of Administrative Release form and provided to the following by Lucas County Sheriff’s Office: • Lucas County Common Pleas Court Administration, if applicable • Municipal Court Clerk, if applicable • Lucas County Pretrial Services

CRITICAL

Applies to

Electronically filed document

A compliant electronic filing is accepted as the original, and the filer must retain the source document, produce it on request, and keep it until the case and all appeals are concluded.

A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the 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.

CRITICAL

Applies to

Default judgment affidavit

A party seeking default judgment must file with the Clerk an affidavit complying with the Soldiers’ and Sailors’ Civil Relief Act.

(D) The parties seeking relief by default judgment shall file with the Clerk of Court an affidavit in compliance with the Solder’s and Sailor’s Civil Relief Act, 50 U.S.C. Section 520(1).

CRITICAL

Applies to

Affidavit

For a qualifying personal-property damages claim, a default judgment in the amount requested may be granted only if a knowledgeable party files a signed affidavit with supporting documentation verifying the reasonable repair cost or diminution in value, whichever is less.

(C) If the defendant has failed to plead or otherwise defend, the Court may grant a default judgment in the amount of the prayer if the action is for recovery of money only arising out of damages to personal property and if an affidavit with supporting documentation signed by a party with actual knowledge is filed verifying that the prayer of the complaint reflects a reasonable cost of repairing the property or its diminution in value, whichever is less.

CRITICAL

Applies to

Notification of administrative release form

The Lucas County Sheriff’s Office must document each Tier III release on a Notification of Administrative Release form and provide it to the listed recipients, as applicable.

All Tier III releases shall be documented on a Notification of Administrative Release form and provided to the following by Lucas County Sheriff’s Office: • Lucas County Common Pleas Court Administration, if applicable • Municipal Court Clerk, if applicable • Lucas County Pretrial Services

CRITICAL

Applies to

Jury service excuse or exemption request

Requests for excuse or exemption from jury service must use the provided form and include appropriate documentation.

All requests for excuse and exemption must be made on the form provided, and shall be accompanied by appropriate documentation.

CRITICAL

Applies to

Motion

Except for motions made during trial, motions must be written, specify their grounds particularly, and clearly state the relief or order sought.

Motions - All motions, unless made during a trial, shall be in writing and shall state with particularity, the grounds therefor, and shall clearly state the relief or order sought.

CRITICAL

Applies to

Proposed jury instructions

When a jury demand has been filed, all parties must file proposed jury instructions seven days before trial unless the Court modifies the requirement.

Proposed jury instructions shall be filed in all criminal cases by all parties seven (7) days prior to the date scheduled for trial when a jury demand has been filed, unless modified by Court order.

CRITICAL

Applies to

Fax filed signed document

A party faxing a signed document represents that the physically signed source document is in their possession or control.

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

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order for the assigned judge's signature.

Every motion shall be accompanied by a proposed order for signature of the assigned judge.

CRITICAL

Applies to

Fax cover page

Must include

caption, judge name, case number

A fax filing must include a cover page with the court and case information, document title, transmission details, page count, and filer contact and registration information where applicable or available.

The person filing a document by fax shall also provide therewith a cover page (example page 26), containing the following information: a. Name of the Court b. Case caption c. Case number d. Assigned Judge e. Title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint: Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss) f. Date of transmission g. Transmitting fax number h. Indication of the number of pages included in the transmission, including the cover page i. Name, address, telephone number, fax number, Supreme Court registration number, if applicable, and email address of the person filing the fax document if available.

CRITICAL

Applies to

Motion

The moving party must serve and file a supporting brief with the motion that states the reasons and authorities supporting it.

The moving party shall serve and file with the motion a brief containing the reason and authorities that support said motion.

CRITICAL

Applies to

Proposed jury instructions

When a jury demand has been filed, all parties in a civil case must file proposed jury instructions seven days before trial unless the court modifies the requirement.

Proposed jury instructions shall be filed in all civil cases by all parties seven (7) days prior to the date scheduled for trial, when a jury demand has been filed unless modified by court order.

CRITICAL

Applies to

Notification of Administrative Release form

Lucas County Pretrial Services must document every Tier I release on a Notification of Administrative Release form and provide it to the appropriate Court Clerk and Sheriff’s Office.

All Tier I releases shall be documented on a Notification of Administrative Release form and provided to the following by Lucas County Pretrial Services: • Appropriate Court Clerk • Lucas County Sheriff’s Office

CRITICAL

Applies to

Electronically filed document

An electronic filing without a Document Description Form or with an incomplete form will be rejected, and the clerk will notify the filer by email.

In the event a document is electronically filed without or with an incomplete Document Description Form, the clerk shall reject said document and the clerk shall notify the filer via electronic mail of said rejection.

CRITICAL

Applies to

Motion to seal

The motion-to-seal form calls for an attached affidavit attesting to relevant facts and documentation verifying the stated grounds, and includes an acknowledgment that false or misleading submissions may be perjury.

2) I have attached an affidavit attesting to the relevant facts. I acknowledge that submitting false or misleading information about any facts in the attached affidavit, or on any other paperwork submitted to the Court, may be perjury. 3) I have attached the following documentation to verify the grounds stated above:______________ __________________________________________________________________________________

CRITICAL

Applies to

Prosecutor report on status of jury trial

At the conclusion of the conference, the Prosecutor’s office must prepare and file a Prosecutor’s Report on Status of Jury Trial.

At the conclusion of the conference, the Prosecutor’s office shall prepare and file with the court the Prosecutor’s Report on Status of Jury Trial.

CRITICAL

Applies to

Fax filing records

A fax filer need not submit the source document to the Clerk but must retain the source document with any required original signatures and the source fax cover sheet, and make them available to the Court on request.

The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records, and have available for production on request by the Court, the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the fax cover sheet used for the subject filing.

WARNING

Applies to

Jury service deferral application

A person may seek a deferral by applying with a showing of necessity, in writing or otherwise recorded.

Persons may be deferred from service by a Judge or other authorized court official upon application showing the necessity therefor, which shall be in writing or otherwise recorded.

WARNING

Applies to

Rent escrow application

A tenant may deposit rent due to a landlord with the Clerk by filing an application under the cited Ohio Revised Code sections.

(A) A tenant may deposit with the Clerk of Court all rent money becoming due to a landlord, by filing an application in accordance with Sections 5321.07 or 3733.121 of the Ohio Revised Code.

WARNING

Applies to

Satisfaction of judgment entry

Filing a satisfaction-of-judgment entry approved by the plaintiff or the plaintiff’s attorney of record satisfies the judgment.

(A) Filing of a satisfaction of judgment entry with the Clerk of Court approved by plaintiff or plaintiff’s attorney of record will satisfy judgments of this Court.

WARNING

Applies to

Affidavit in support of motion to seal eviction record

If requesting that the record be sealed under item 4.D, the affidavit must list all complete addresses where the defendant lived during the past five years.

5. (Only complete if requesting the record be sealed under item 4.D above) Here are all of the complete addresses at which I have lived for the past five years:

WARNING

Applies to

Motion to unseal

A party seeking to unseal an eviction record may file a motion that states good cause in the motion and an attached affidavit or brief.

(K) A party to the original action may file a motion seeking to unseal the eviction record, setting forth in the motion and attached affidavit or brief good cause why the record should be unsealed. Such good cause may include, for example, that the original movant was not truthful in the motion to seal, or that the sealing was procured through fraud.