Van Wert Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

Criminal and traffic cases must be commenced by filing a complaint.

All criminal and traffic cases shall be commenced in this court by the filing of a complaint.

CRITICAL

Applies to

30 day notice

The 30-day notice must be provided to the defendant in a documented, articulable form, such as text or writing.

The Court requires the 30-day notice to be in a documented articulable form to the defendant, ie. text or writing.

CRITICAL

Applies to

Fax cover page

A fax cover page must state the name of the Court and the title of the case.

B) The attorney or other parties must provide the following information on the fax cover page of a facsimile transmission: (1) The name of the Court; (2) The title of the case;

CRITICAL

Applies to

Inability to pay fine statement

Anyone claiming inability to pay a fine must provide the Court a signed, written statement detailing their assets, liabilities, employment, and ability to pay by a specified date if given more time.

A) In order that this Court may properly administer Sections 2947.14 and 2947.20 of the Ohio Revised Code, any person who claims inability to pay a fine 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 financial institutions, property owned, and debts, and shall set forth whether the fine could be paid by a certain date if time to pay were granted. The refusal to submit such statement, or the furnishing of a false statement, may be punished as a contempt of court.

CRITICAL

Applies to

Civil jury demand

A demand for a civil jury trial must be made as required by Civil Rule 38.

A demand for a civil jury trial shall be made as required by Civil Rule 38

CRITICAL

Applies to

Jury demand

A written jury demand must be filed before prospective jurors may be summoned.

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

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 listed 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 certification of service to opposing counsel (3) Certification that the client has been notified 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

Journal entry

Counsel for the prevailing party must prepare the journal entry unless the trial judge prepares 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 she will prepare same; if court-prepared, the entry will not be submitted for approval.

CRITICAL

Applies to

Payment agreement

If an extension to pay is granted, the defendant must sign a payment agreement at the Clerk’s office listing the amount owed, a payment date, and conditions for failure to pay by the established date.

B) If an extension to pay is granted, the defendant must sign a payment agreement at the Clerk’s office. This statement lists the amount owned, the date of a payment and conditions for failure to pay by a date established.

CRITICAL

Applies to

Driving privilege suspension modification application

A written application to modify a driving-privilege suspension must state the listed reasons, employment and commute details, and vehicle information.

In making application for modification of the court order suspending driving privileges, a written application shall be submitted contained the following: {1} the reason for the application {2} the distance from home to 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.

CRITICAL

Applies to

Forcible entry and detainer case

When the stated rental or statutory circumstances require a 30-day notice, an executed 30-day notice and a three-day notice to leave premises are required unless an exemption applies.

If the rental agreement were a month-to-month agreement, oral (without a written lease agreement), or any other circumstance where a 30-day notice shall be required as identified by Ohio statute or case law, an executed 30-day notice AND three-day notice to leave premises are required unless exemption is met.

CRITICAL

Applies to

Complaint

A complaint requesting a warrant must include a fact-based affidavit sufficient to determine probable cause, unless the Court instead holds an open-court probable-cause hearing before authorizing the warrant.

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

CRITICAL

Applies to

Jury service request

Requests for jury-service excuse, exemption, or deferral must use the provided form and include appropriate supporting documents.

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

CRITICAL

Applies to

Pleading motion document

File sufficient copies of any pleading, motion, or document that the Clerk, bailiff, or sheriff must serve.

Sufficient copies of every pleading, motion or document to be served by the Clerk, bailiff, or sheriff, shall be filed with the Clerk.

CRITICAL

Applies to

Journal entry

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

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

CRITICAL

Applies to

Continuance motion

A continuance motion involving a prior trial conflict must state when that conflict was scheduled and attach the notice; accompanying entries must provide blanks for a new trial time and date, subject to the stated agreement condition.

If a prior trial conflict 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

Motion

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

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

CRITICAL

Applies to

Jury waiver

Counsel for the parties shall notify the court by 12:00 pm 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 pm 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

Complaint and traffic citation

Complaints and traffic citations must include a LEADS or separate paper containing the Social Security number.

All complaints and traffic citations must be accompanied by a LEADS or separate piece of paper containing the Social Security number.

CRITICAL

Applies to

Change of trial counsel entry

The Court may permit a change of trial counsel if the filed entry designates new counsel, includes prior counsel’s agreement, and the change will not delay trial.

Change of trial counsel may be permitted by the Court upon the filing 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.

CRITICAL

Applies to

Pleading motion document

Filings on behalf of a party must identify filing counsel and, if counsel is a law firm, the attorney with primary responsibility for the case.

Every pleading, motion, or document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.

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

Indigence affidavit

A party claiming indigence and inability to post the jury deposit must file an indigence affidavit with the jury demand; the Court may summon the party for further investigation.

In the event a party claims to be indigent and unable to post the deposit, an affidavit as to such indigence shall be filed with the demand for jury, and the Court may summon the party into court for further investigation of the claimed indigence.

CRITICAL

Applies to

Final pretrial statement

The Law Director or his assistant and defense counsel must jointly prepare the final pre-trial statement on the Court-provided form, which must be completed and filed with the Clerk by the date and time set at the conference.

Upon the close of the second pre-trial conference, the Law Director or his assistant and the defense counsel shall jointly prepare a final pre-trial statement on a form provided by the Court. Said form shall be completed and filed with the Clerk of this Court on or before the date and time given in the second pre-trial conference.

CRITICAL

Applies to

Proposed order

A Military Affidavit under the Soldiers and Sailors Relief Act must be filed with the proposed judgment entry unless it was filed earlier.

Military Affidavits pursuant to the Soldiers and Sailors Relief Act shall be filed with the proposed entry, unless filed earlier.

CRITICAL

Applies to

Ohio Public Defenders Office prescribed form

The prescribed Ohio Public Defenders Office form regarding the individual defendant must be filed.

shall require the filing of the prescribed form of the Ohio Public Defenders Office regarding the individual defendant.

CRITICAL

Applies to

Default judgment motion

When a hearing is required, the default-judgment motion must state on its face the hearing’s scheduled date and time.

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

Driving privilege suspension modification application

The application must include a liability insurance policy personal to the defendant and an employer statement verifying employment facts.

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.

CRITICAL

Applies to

Jury summons

A jury summons must be understandable to someone unfamiliar with legal process and explain how and when to respond and the consequence 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 consequence of his failure to respond.

CRITICAL

Applies to

Jury questionnaire

Prospective jurors must complete a jury questionnaire and, if appropriate, a request for excuse, exemption, or deferral.

Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral.

CRITICAL

Applies to

Pleading motion or document

Must include

caption

In every pleading, motion, or document filed 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,

In every pleading, motion, or document filed 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,

CRITICAL

Applies to

Forcible entry and detainer case

Forcible entry and detainer filings must include copies of the property deed and lease or rental agreement.

All forcible entry and detainer cases filed with the Court must include a copy of the property deed and copy of lease/rental agreement.

CRITICAL

Applies to

Default judgment motion

For a liquidated claim, the moving party must file an affidavit or memorandum with sufficient information supporting the claim in addition to the motion.

If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit or memorandum containing sufficient information in support of the claim.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A party seeking default judgment under Ohio Civil Rule 55 must file a written motion and proposed judgment entry with the Clerk.

A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and proposed Judgment Entry with the Clerk of Court.

CRITICAL

Applies to

Fax transmission

Transmissions must provide the listed case, document, sender, and cost-submission information, including applicable conditional details, or they will not be accepted for filing.

(3) The case number; (4) The title of the document being filed; (5) The date of transmission; (6) The transmitting fax number; (7) An indication of the number of pages included in the transmission, Including the cover page (8) If a judge or case number has not been assigned, state that fact on the cover page (9) The name, address, telephone number, fax number, supreme court Registration number and, if applicable, an e-mail address of the person filing the document if available, and; (10) If applicable, a statement explaining how costs are being submitted. Transmissions without such information will not be accepted for filing.

CRITICAL

Applies to

30 day notice

The 30-day notice must be provided to the Court in a documented, articulable form.

The 30-day notice must be provided in a documented articulable form to the Court.

CRITICAL

Applies to

Complaint

Each complaint must identify the charged offense and the numerical designation of the applicable statute or ordinance.

All complaints shall state the name of the offense charged and shall contain the numerical designation of the statute or ordinance.

CRITICAL

Applies to

Three day notice

The three-day notice must include the specified tenant-rights language.

The three-day notice must include the following language written in a conspicuous manner: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.”

CRITICAL

Applies to

Forcible entry and detainer complaint

A forcible entry and detainer complaint involving a mobile home must state its legal owner.

It is required to have been stated in the Complaint Forcible Entry and Detainer the legal owner of the mobile home.

CRITICAL

The papers must be accompanied by proof of service of the demand as required by Ohio Revised Code § 2715.02.

They will be accompanied by the proof of service of the demand required by Section 2715.02 Ohio Revised Code

WARNING

Applies to

Document

Must include

judge name

If the filer knows which judge is assigned, the judge must be identified in the caption between the case number and document title.

Insofar as the party filing 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

Pre trial statement

The Court may require the parties to file a pre-trial statement covering matters raised at the conference for inclusion in the record.

The Court may require the parties to file a pre-trial statement to become part of the record and the case embracing all stipulations, admissions, and other matter which have come before it at pre-trial.

WARNING

Applies to

Certification of assets

A defendant may be required to complete a certification of assets to verify indigence and eligibility for appointed counsel.

The defendant may also be required to complete a certification of assets to verify indigence and eligibility for the appointment of counsel.

WARNING

Applies to

Proof of inability to pay fines

A defendant seeking to work off fines through community service must provide proof of inability to pay; the Court may allow this for all or part of the fine, but not court costs.

B) If a defendant provides proof that they are unable to pay their fines and wish to complete community service in lieu of payment of fines, the Court may allow defendant to work off fines at the current Ohio minimum wage rate. Fines can be worked off for all or part of a fine but no court costs can be worked off.

WARNING

Applies to

Journal entry

A court-prepared journal entry must not be submitted for approval.

if court-prepared, the entry will not be submitted for approval.

WARNING

Applies to

Jury questionnaire

Jury questionnaires must be submitted to potential jurors and available for party and counsel review one week before trial; after trial, the Court gathers and disposes of distributed questionnaires.

Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial. Upon completion or termination of the trial, the Court shall gather any jury questionnaires previously distributed and dispose of the same.

WARNING

Applies to

Trial brief

The Court may decide whether trial briefs must be submitted and, if so, must set their filing date.

In addition, the Court may determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.

INFO

Applies to

Default judgment hearing

The Court may require testimony under oath or by affidavit at the hearing.

The Court may require testimony under oath or by affidavit.