Tiffin-Fostoria Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Jury waiver

A waiver of a jury trial after a written jury demand must be in writing.

any subsequent waiver of the jury trial shall be made in writing

CRITICAL

Applies to

Substitution of parties

Substitution of a party at any stage must be made by motion and court order.

Substitution of parties, at any stage of the proceedings, must be by motion and order of the court.

CRITICAL

Applies to

Jury waiver

Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.

Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.

CRITICAL

Applies to

Pleading motion document

The Clerk must not accept pleadings, motions, or other documents that do not comply with Rule 15.

Pleadings, motions, or other documents not complying with this rule of Court shall not be accepted for ling by the Clerk.

CRITICAL

Applies to

Statement of inability to pay fine

A person claiming inability to pay a fine must submit a signed written statement of assets and liabilities, including specified financial information and whether the fine could be paid by a certain date if time were granted.

any person who claims inability to pay a ne shall furnish the Court with a written and signed statement setting forth information as to such person's assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in nancial institutions, property owned, and debts, and shall set forth whether the ne could be paid by a certain date if time to pay were granted.

CRITICAL

Applies to

Withdrawal application

Must include

certificate of service

A withdrawal application must be a written entry or motion stating its reasons and containing the specified trial, service, client-notice, and mailing information.

No such application will be considered unless a written entry or motion is presented stating the reasons for the application. The entry or motion will contain the following: {1} The time and date of trial, if set. {2} A certi cation of service to opposing counsel. {3} Certi cation that the client has been noti ed that the attorney is seeking to withdraw from the case. {4} Counsel's professional statement that, if allowed, a copy of the entry will be mailed immediately to the last known address of the client.

CRITICAL

Applies to

Ohio public defenders office form

The Court may examine the indigence-investigation documents and requires filing the prescribed Ohio Public Defenders Office form for the individual defendant.

The Court reserves the right to examine the documents comprising the investigation of the defendant's indigence, and shall require the ling of the prescribed form of the Ohio Public Defenders Of ce regarding the individual defendant.

CRITICAL

Applies to

Motion

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

All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.

CRITICAL

Applies to

Journal entry

The journal entry must state which party will pay the court costs.

The journal entry shall state which party will pay the court costs.

CRITICAL

Applies to

Complaint for warrant

A complaint seeking a warrant must be accompanied by a fact affidavit sufficient for a probable-cause determination; a substantially identical statutory-language affidavit is insufficient, though the court may instead hold an open-court probable-cause hearing.

If a warrant is requested on a complaint, the complaint shall be accompanied by an af davit of fact pursuant to Ohio Criminal Rule 4(A)(1) whereby the Court can determine probable cause. An af davit of fact merely phrased in statutory language and in substantially the same language as the complaint is not suf cient. In the alternative, the Court may hold a probable cause hearing in open Court before authorizing the issuance of the warrant.

CRITICAL

Applies to

Pleading motion document

Must include

caption

Each filing must identify newly appearing parties and the venue and location in its caption, and must include filing counsel’s contact and registration details and, if applicable, the responsible attorney’s name.

In every pleading, motion, or document led on behalf of a party or parties, there shall be set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceedings for the rst time and the speci c venue and location in which the case is led. Every pleading, motion, or document led on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel ling the same, and if led by a law rm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.

CRITICAL

Applies to

Final pretrial statement

The Law Director or assistant and defense counsel must jointly prepare the final pretrial statement on the Court-provided form and complete and file it with the Clerk by the date and time set at the pretrial.

Upon the close of the pretrial with the court, the Law Director or his/her assistant and the defense counsel shall jointly prepare a nal pretrial statement on a form provided by the Court. Said form shall be completed and led with the Clerk of this Court on or before the date and time given in the pretrial with the court.

CRITICAL

Applies to

Small claims complaint

A small claims action must be commenced by filing a Small Claims Complaint.

A small claims action is commenced by ling a Small Claims Complaint, pursuant to Ohio Revised Code Chapter 1925.

CRITICAL

Applies to

Pretrial report

An attorney who, without just cause, fails to file a pretrial report may be cited for contempt of court.

D) Failure to le a pretrial report, failure to diligently prepare or complete pretrial investigation or failure to attend any hearing wherein a personal appearance is indicated shall subject any attorney in such default without just cause being shown to citation for contempt of court.

CRITICAL

Applies to

Garnishment papers

Garnishment papers must be accompanied by proof of service of the demand.

They will be accompanied by the proof of service of the demand required by Section 2716.02, Ohio Revised Code

CRITICAL

Applies to

Journal entry

Prevailing counsel must prepare the journal entry unless the trial Judge will prepare it; a court-prepared entry is not submitted for approval.

Counsel for the party in whose favor an order of judgment is rendered shall prepare a journal entry unless the trial Judge indicates that he or she- will prepare same; if court-prepared, the entry will not be submitted for approval.

CRITICAL

Applies to

Property bond title search

For a criminal property bond, the defendant’s attorney or the surety’s attorney must provide the Clerk with a title search certifying the property description, deed names, recorded value, and liens.

In all criminal cases where the defendant posts a property bond, his attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of the Courts with a title search, certifying the following: A short description of the property, the names that appear on the deed, the true value of the property as shown on the records in the County Auditor's of ce and whether there are any liens on le against the property.

CRITICAL

Applies to

Fax cover page

Must include

case number

A fax filing must include the listed case, document, transmission, filer, and cost information on its cover page.

The attorney or other parties must provide the following information on the fax cover page: a. the name of the Court; b. the title of the case; c. the case number; d. the title of the document being led; 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 page h. if a Judge or case number has not been assigned, state that fact on the cover page; i. the name, address, telephone number, fax number, Supreme Court registration number and, if applicable, an e-mail address of the person ling the fax document if available, and; j. if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Criminal complaint

A complaint in a criminal case must comply with Criminal Rule 3.

In criminal cases, the complaint shall comply with Crim.R.3.

CRITICAL

Applies to

Default judgment motion

For a liquidated claim, the moving party must submit with the motion an affidavit or memorandum containing sufficient supporting information.

If the claim is liquidated, in addition to the motion, the moving party shall le an af davit or memorandum containing suf cient information in support of the claim.

CRITICAL

Applies to

Substitution request

In collection actions or other proceedings brought by assignees or agents in the Small Claims Division, a motion to transfer the case to the regular docket must precede a request to substitute parties.

Therefore, any request to substitute parties in such actions must be preceded by a motion to transfer the case to the regular docket of the court.

CRITICAL

Applies to

Default judgment motion

An unliquidated claim or an appearance by the party against whom default is sought requires a hearing, and the motion must state the hearing’s date and time on its face.

If the claim is unliquidated, or if the party against whom judgment by default is sought has appeared in the action, or both, then a hearing is required before the Judge. In these cases, the motion for default judgment must include, on the face of the motion, notice of the date and time of the scheduled hearing on the motion.

CRITICAL

Applies to

First pretrial evidence

Evidence of the first pretrial must be on a Court-prescribed form signed by counsel for the parties.

shall sign and le evidence of having held said rst pretrial on a form prescribed by the Court and signed by counsel for the parties.

CRITICAL

Applies to

Statement of inability to pay incarceration costs

A person claiming inability to pay all or part of incarceration costs under the specified ordinance or resolution must provide a signed written statement of assets and liabilities, including the listed financial and dependent-support information.

any person before the Court for consideration under such Ordinance or Resolution who claims inability to pay the costs of incarceration, either in whole or part, shall furnish the Court with a written and signed statement setting forth information as to such person's assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in nancial institutions, property owned, the costs of supporting dependents, and debts.

CRITICAL

Applies to

Praecipe

Before the bailiff proceeds with a set-out, a praecipe must be filed with the Court and accompanied by the required deposit.

the bailiff shall not proceed until there is led with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.

CRITICAL

Applies to

Criminal or traffic complaint or citation

Each complaint or citation must identify the offense name and degree, the statute or ordinance number, and the court location.

All complaints and citations shall state the name and degree of the offense charged, the numerical designation of the statute or ordinance, and the location of the court where the complaint or citation is led.

CRITICAL

Applies to

Electronically produced complaint

When a complaint is produced electronically at the scene, the issuing officer must give the defendant a paper copy and provide the Court a similar citation or complaint with required supporting documentation.

If a complaint is produced electronically at the scene of an alleged offense, the of cer issuing the citation or complaint shall provide the defendant with a paper copy of the complaint, the court with a similar citation or complaint along with any other required documentation such as the LEADS print-out, BMV 2255, probable cause af davit or other pertinent documentation.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A default-judgment request requires a written motion and proposed Judgment Entry filed with the Clerk, with the required military affidavits filed with the proposed entry unless filed earlier.

A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall le a written motion and a proposed Judgment Entry with the Clerk of Courts. Military Af davits pursuant to the Soldiers and Sailors Relief Act shall be led with the proposed entry, unless led earlier.

CRITICAL

Applies to

Motion

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

E) Motions: All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.

CRITICAL

Applies to

Application to modify driving privileges

An application to modify a driving-privilege suspension must be written, provide the listed employment and vehicle information, and include the defendant’s personal liability insurance policy and an employer statement.

In making application for modi cation of the court order suspending driving privileges, a written application shall be submitted containing the following: {1} the reason for the application; {2} the distance from home to the place of employment; {3} the hours of beginning and ending of work for each day requested; {4} if the request is for driving privileges during hours of employment, a statement of whether employment will be terminated if the request is not granted; and {5} the type of vehicle to be operated and the owner of the vehicle. The application shall be accompanied by a liability insurance policy which is personal to the defendant, plus a statement from the employer verifying facts with regard to the employment; and {6} the ling fee

CRITICAL

Applies to

Civil jury demand

A party claiming indigence and inability to pay the civil jury deposit must file an affidavit of indigence with the jury demand.

In the event a party claims to be indigent and unable to post the deposit, an af davit as to such indigence shall be led with the demand for jury

CRITICAL

Applies to

Application for default judgment

After the Clerk notifies counsel that the case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed.

Upon noti cation from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fteen (15) days or the case will be dismissed for want of prosecution.

CRITICAL

Applies to

Small claim transfer

Transfer of a small claim to the regular docket requires filing a motion and affidavit and paying the required cost.

Upon ling of motion and af davit, as required by Ohio Revised Section 1925.10 (B), and upon payment of the required cost, the small claim may be transferred to the regular docket.

CRITICAL

Applies to

Motion to continue

If a continuance motion is based on a prior trial conflict, it must state the scheduling date and attach the notice; entries with blanks for the new trial time and date must accompany the motion.

If a prior trial con ict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.

CRITICAL

Applies to

Jury demand

Prospective jurors may be summoned only after a written jury demand is filed.

Prospective jurors shall be summoned only upon the ling of a written jury demand.

CRITICAL

Applies to

Criminal or traffic case

A criminal or traffic case must be commenced by filing a complaint or citation.

All criminal and traf c cases shall be commenced in this court by the ling of a complaint or citation.

CRITICAL

Applies to

Assignment of judgment or transfer of interest

An assignment of judgment or other transfer of interest is ineffective without approval by a judge's entry.

An assignment of judgment or other transfer of interest will not be effective unless it is approved by a judge's entry.

WARNING

Applies to

Jury service excuse request

Requests for excuse, exemption, or deferral must use the provided form and include appropriate documentation; the court retains the documents.

All requests for excuse, exemption, or deferral must be made on the form provided, and shall be accompanied by appropriate documentation. These documents shall be retained by the court.

WARNING

Applies to

Document

If the filer knows the assigned judge, the caption must identify that judge between the case number and document title.

Insofar as the party ling a document is aware of the judge to whom the case is assigned, he shall note the same between the Case Number and title of the document in the caption.

WARNING

Applies to

Jury questionnaire

Jury questionnaires may be submitted to potential jurors; if used, they must be available for review by any party or counsel one week before trial.

Jury questionnaires may be submitted to potential jurors and, if utilized, will be available for review by any party or their counsel one (1) week prior to trial date.

WARNING

Applies to

Jury charge

Whenever possible, the final jury charge should be written and provided to the jury for deliberations.

A nal jury charge shall, whenever possible, be committed to writing, and shall be provided to the jury for its use during deliberation.

WARNING

Applies to

Electronically transmitted document

A signature on an electronically transmitted document is treated as the purported attorney's or party's signature, 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 ling stricken.

WARNING

Applies to

Pretrial statement

The Court may require the parties to file a pretrial statement containing the matters addressed at pretrial.

The Court may require the parties to le a pretrial statement to become part of the record and the case embracing all stipulations, admissions, and other matters which have come before it at pretrial.

WARNING

Applies to

Court reporter request

A party seeking a court reporter must make a written request, which is subject to the Court’s discretion.

A court reporter may be supplied upon the written request of either party or his/her counsel and at the discretion of the Court, provided such request is led in writing at least ve court days prior to trial.

WARNING

Applies to

Criminal or traffic complaint

Complaints may use statutory language but should omit statutory or ordinance surplusage that is not involved in the case.

Complaints may be in statutory language, but should not contain surplusage from the statute or ordinance which is not involved in the case.

WARNING

Applies to

Jury summons

A jury summons must be readily understandable and explain how and when to respond and the consequences of failing to respond.

Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond.

WARNING

Applies to

Indigency qualification information

At arraignment, the Court may require a defendant to answer sworn questions about ability to obtain counsel and complete an asset certification to verify indigence and eligibility for appointed counsel.

At arraignment, a defendant may be required to answer questions under oath about his or her nancial ability to obtain counsel. The defendant may also be required to complete a certi cation of assets to verify indigence and eligibility for the appointment of counsel.

WARNING

Applies to

Documents scheduling the defendant's next court appearance

of this added condition of release should be affixed to any documents give the defendant scheduling his/her next court appearance.

of this added condition of release should be affixed to any documents give the defendant scheduling his/her next court appearance.

WARNING

Applies to

Fax transmitted document

A fax filer need not later submit the originals but must retain them and make them available for Court inspection if requested.

Facsimile documents need not be followed with the original pleadings or other papers, but the originals must be maintained by the ling party and are subject to inspection by the Court if requested.

WARNING

Applies to

Change of trial counsel entry

The Court may permit a change of trial counsel if an entry designates new counsel, prior counsel agrees, and the change will not delay trial.

Change of trial counsel may be permitted by the Court upon the ling of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of such case.