Upper Sandusky Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Moving traffic case

Moving traffic cases must use the Ohio Uniform Traffic Ticket, issued by the Clerk of the Court.

The Ohio Uniform Traffic Ticket shall be used in all moving traffic cases and the Clerk of this Court shall be the issuing authority.

CRITICAL

Applies to

Small claims transfer motion and affidavit

A small-claims transfer request requires filing a motion and affidavit.

Upon filing of motion and affidavit, as required by Ohio Revised Code Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a written memorandum containing counsel’s arguments.

All motions shall be made in writing and accomp- anied by a written memorandum containg 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

Criminal action

A criminal action must be commenced by filing a proper affidavit in the Clerk’s office.

Every criminal action in the Court shall be commenced by filing in the Clerk’s office a proper affidavit.

CRITICAL

Applies to

Payroll record

A debtor must present or mail the payroll record to the Clerk with the remittance so the payment amount can be verified.

Debtor shall either exhibit his payroll record or mail the same to the Clerk with the remittance in order that the amount of the payment may be verified.

CRITICAL

Applies to

Jury demand

Civil cases are tried to the court unless a party makes a written jury demand not less than fourteen days after service of the last issue pleading, or the court orders a jury trial in the interest of justice.

All Civil cases shall be tried to the Court, unless either party shall in writing not less than fourteen (14) days after the service of the last issue pleading demand a jury, or unless the Court in the interest of justice on its own motion orders a trial by jury.

CRITICAL

Applies to

Judgment entry

The party in whose favor an order or judgment is rendered must prepare and submit the judgment entry to the Court within five days.

Judgment entries shall be prepared by the party in whose favor the order or judgment is rendered and submitted to the Court within five (5) days.

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

Small claims petition

A small claims action is commenced by filing a small claims petition under the cited Ohio statute.

A small claims action is commenced by filing a small claims petition, pursiant to Ohio Revised Code Section 1925.04.

CRITICAL

Applies to

Proposed conclusions of fact and law

When separate conclusions of fact and law are requested, the requesting party must prepare proposed conclusions and send them to opposing counsel within five days of the request.

When conclusions of fact found separately from conclusions of law are requested, the party requesting same shall, within five days after such request, prepare proposed conclusions of fact and conclusions of law and submit the same to opposite counsel and within five days after their receipt by him/her, the same shall be submitted to the Court, together with his/her objections thereto, if any, suggestions in writing.

CRITICAL

Applies to

Journal entry

Counsel for the party who obtains an order or judgment must prepare a journal entry.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.

CRITICAL

Applies to

Entry or dismissal terminating case

An entry or dismissal terminating a case must state who is responsible for paying court costs.

All entries or other dismissals terminating any case shall indicate the responsibility for payment of court costs.

CRITICAL

Applies to

Journal entry

The trial judge may require attorneys or parties in any case to prepare journal entries and to submit them to opposing counsel or parties who shall approve or reject the same within five days from the date received. Such entries shall be approved by the trial judge, or, in his absence, by another judge, before being placed upon the journal.

The trial judge may require attorneys or parties in any case to prepare journal entries and to submit them to opposing counsel or parties who shall approve or reject the same within five days from the date received. Such entries shall be approved by the trial judge, or, in his absence, by another judge, before being placed upon the journal.

WARNING

Applies to

Objections to referee findings

Objections should state specifically the reason a new hearing is requested.

The objections to the referee’s findings should state, with speci-ficity, the reason a new hearing is requested.

WARNING

Applies to

Plea of guilty and waiver

Defendants charged with qualifying traffic offenses or minor misdemeanors may use the stated clerk’s-office procedure, and the plea and waiver must substantially follow the form set out below.

It is ordered, adjudged and decreed that all defendants charged with a traffic offense or with a minor misdemeanor for which the penalty does not exceed a fine of $150.00 may, within the time the defendant is ordered to appear before this Court, appear personally at the office of the Clerk of Court, or her designate, and upon signing a plea of guilty and a waiver of trial, in the form hereinafter set forth, pay a stated fine and stated cost. It is further ordered that the above referred to plea of guilty and waiver shall be substantially in the following form:

INFO

Applies to

Pretrial memorandum

a memorandum of the matters agreed upon should first be filed in said case.

a memorandum of the matters agreed upon should first be filed in said case.