Vermilion Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Electronic transmission

Once filed, the transmitted document is treated as the original; the filer must retain the original and provide it to the Court on request, and need not send originals or duplicates unless ordered.

The transmitted document, once it is filed, shall be accepted as though it were the original. Neither the original nor duplicates shall be sent thereafter unless ordered by the Court. The person filing a document by electronic transmission shall retain the original document and shall provide it to the Court, upon request.

CRITICAL

Applies to

Pleading or brief

Pleadings and briefs that refer to statutes or regulations must attach a copy of each referenced statute or regulation.

All pleadings and briefs containing references to statutes or regulations shall have attached thereto a copy of the statute or regulation.

CRITICAL

Applies to

Appeal or driving privilege petition

These appeals and petitions must be requested using the traffic case number.

Said appeals and petitions are to be requested using the traffic case number

CRITICAL

Applies to

Motion

A party representing that they are indigent must file a written motion and an affidavit stating their income and expenses, and the court will rule on the motion.

2. Upon representation that a party is indigent, such party shall file a written motion and affidavit setting forth his or her income and expenses, and the court shall rule upon the motion.

CRITICAL

Applies to

Motion or exception

A motion or exception to be heard upon evidence must state that fact and include the requisite affidavits.

Any Motion or exception to be heard upon evidence shall so state and shall be accompanied by requisite affidavits.

CRITICAL

Applies to

Trusteeship appointment notice

The applicant must provide each creditor a notice stating the amount owed and total indebtedness, along with an addressed, stamped envelope.

Notice: The applicant shall furnish a notice of the appointment to each creditor showing the amount owed said creditor and the amount of total indebtedness, together with an addressed, stamped envelope.

CRITICAL

Applies to

Bankruptcy stay journal entry

Upon written notification identifying a pending bankruptcy proceeding and its case number, a journal entry in the specified form must be filed.

Upon written notification to the court of any pending bankruptcy proceeding and the bankruptcy case number affecting any litigant in this court, a journal entry shall be filed as follows: "Defendant having filed a petition in the U.S. Bankruptcy Court, the Bankruptcy Act establishes an automatic stay of proceedings against the debtor, in 11 U.S.C. 362(a). It is hereby ordered that the commencement or continuation of any action to obtain or enforce any judgment against the defendant/debtor or his property is hereby stayed until the bankruptcy case is closed ,dismissed, or a discharge granted or denied, or until defendant/debtor's property is no longer property of the bankruptcy estate or until the Bankruptcy Court grants relief from its stayi Clerk to send copy to counsel of record.

CRITICAL

Applies to

Bmv suspension appeal or driving privilege petition

BMV suspension appeals and driving-privilege petitions must include the suspension notice, the petitioner's date of birth, and the driver's license number.

All appeals filed from suspensions imposed by the Bureau of Motor Vehicles or petitions for driving privilege from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: 1. Copy of BMV Suspension Notice 2. Petitioner's Date of Birth 3. Driver's License Number

CRITICAL

Applies to

Motion

Copies of foreign, federal, and unreported decisions cited in a motion must be attached.

copies of foreign, federal and unreported decisions must be attached

CRITICAL

Applies to

Motion

Must include

certificate of service

Each motion must include a certificate attesting to service on the opposing party or that party’s counsel.

Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.

CRITICAL

Applies to

Entry of appearance

Counsel’s entry of appearance must be written and include the specified identifying and contact information, or it may be refused or stricken.

All entries of appearance of counsel in an action shall be in writing and shall include counsel's name, Supreme Court number, mailing address, facsimile, and e-mail address. Any document that does not include this information may be refused by the clerk for filing or stricken by the Court.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include a complete sworn statement of the specified creditor, earnings, residence, dependent, and demand information.

An application by a debtor for a trusteeship under Section 2329.70 of the Ohio Revised Code must contain a full and complete statement, under oath, setting forth the following; The names of the secured and unsecured creditors, their complete address, account numbers and amount due and owing to each. If the account is being administered by someone other than the creditor lists their name and complete address. The disposable amount of money earned in a thirty (30) day period by the applicant, as set forth in Section 2329.62 of the Ohio Revised Code, the usual day or days applicant receives his pay, his place of residence, the number of his dependents, their ages and relation to the applicant. The name of the person who made a demand upon him or her in accordance with section 1911.40 of the Ohio Revised Code and date of such demand.

CRITICAL

Applies to

Proposed findings conclusions

The submission to the Court must include any objections and alternative findings in writing.

Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and alternative findings, if any, in writing

CRITICAL

Applies to

Motion to suppress

A motion to suppress must specify the items sought to be suppressed.

In Motions to Suppress; the items to be suppressed shall be specified.

CRITICAL

Applies to

Trusteeship appointment order

An order appointing the Clerk of Court as Trustee must be prepared and approved by the judge.

4. Appointment: an order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approved by the judge.

CRITICAL

Applies to

Interrogatory objection

An objection to an interrogatory must reproduce the full interrogatory immediately before the discussion and citations of authority.

Objections to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in • full to which objection is made.

CRITICAL

Applies to

Motion or exception

Counsel filing a motion or exception must file with it a memorandum stating the position and supporting authorities.

Counsel filing any motion or exception shall file therewith a memorandum containing a short, concise statement of his position and the authorities supporting such contentions

CRITICAL

Applies to

Application for fees

Appointed counsel must complete an application for fees, obtain the Judge’s approval, and forward the certified application to the County Auditor for payment.

(D) Appointed counsel shall be compensated upon approval of an application for fees. In fixing the amount of compensation, the Court shall be guided by the resolution of the Lorain County Commissioners. The appointed counsel shall be responsible for completed the application for fees and having the same approved by the Judge. The Court shall certify the application and return it to counsel whose responsibility it will be to forward to the County Auditor for payment.

CRITICAL

Applies to

Motion to withdraw

Counsel who has appeared may withdraw only with written court leave and a showing of good cause.

Once counsel has entered an appearance counsel may withdraw from a case only by written leave of court for good cause shown.

CRITICAL

Applies to

Motion for continuance

When seeking a continuance because counsel has a hearing in another court on the same date, counsel must attach the notice from that court.

When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, counsel shall attach a copy of the notice received from the other court.

CRITICAL

Applies to

Journal entry

When directed by the Court, favorable-party counsel must prepare a proper journal entry and submit it to opposing counsel.

When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil case shall, within ten (10) days unless the time be extended by the court, prepare a proper joumal entry and submit the same to counsel for the opposite party

CRITICAL

Applies to

Electronic transmission

Electronic transmissions must include the listed identifying information, with fax transmissions placing it on a separate cover page; transmissions lacking it will not be accepted.

Each electronic transmission shall include all the following information in the transmission, except that in the event of a facsimile transfer all such information shall be included on a separate cover page: 1) The date of transmission 2) The name, telephone number, facsimile number and/or e-mail address of the originator of the document 3) The caption of the case 4) The case number, if assigned 5) The number of pages being transmitted Documents without this information shall not be accepted for filing.

CRITICAL

Applies to

Electronic filing

Every document must be legibly signed by its preparer.

Every document shall be legibly signed by the preparer of the document.

CRITICAL

Applies to

Motion for continuance

A continuance motion must be submitted in writing with a supporting brief stating the reasons for the request.

All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons for the continuance.

CRITICAL

Applies to

Proposed findings conclusions

When a request for findings of fact and conclusions of law is made, the judge shall direct the party making the written request to prepare, within seven (7) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.

When a request for findings of fact and conclusions of law is made, the judge shall direct the party making the written request to prepare, within seven (7) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.

CRITICAL

Applies to

Order

File sufficient copies of an order for service on each party required to be served.

Sufficient copies of the order shall be filed for service upon such parties as are required to be served,

CRITICAL

Applies to

Jury demand

When required, a written jury demand must be filed before prospective jurors are summoned.

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

CRITICAL

Applies to

Opposition

An opposition must include a brief written statement and supporting citations; if facts not of record are at issue, it must also include copies of the opposing evidence.

Each party opposing the Motion may serve and file within fourteen (14) days after filing of the Motion, a brief written statement in opposition to the Motion with supporting citations of the authorities on which he relies. If the Motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence which he desires to submit in opposition to the Motion.

CRITICAL

Applies to

Reply or additional brief

Reply or additional briefs may be filed only with leave of court and upon a showing of necessity.

Reply or additional briefs upon Motions and submissions may only be filed with leave of the court only upon a showing of the necessity therefore.

CRITICAL

Applies to

Request for stenographic recording

A party seeking stenographic recording must arrange for and pay a court reporter and file a written motion and journal entry requesting the reporter be named the official reporter.

In the event a party desires recording by stenographic means, such party must arrange for the presence and payment of a court reporter and file a written motion and journal entry requesting that such individual be named as the official reporter for the hearing.

CRITICAL

Applies to

Motion

The moving party must serve and file with the motion a brief statement of reasons and supporting citations, plus copies of any supporting evidence needed for facts not of record.

The moving party shall serve and file with his Motion a brief written statement of reasons in support of the Motion with supporting citations of the authorities on which he relies. If the Motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence he desires to present in support of the Motion.

CRITICAL

Applies to

Motion

Motions must comply with Criminal Rule 12 and clearly and specifically state their grounds and supporting citations.

All motions shall be made in conformity with Crim R 12. All motions shall set forth clearly and specifically the grounds for the Motion and supporting citations

WARNING

Applies to

Request for excuse exemption or deferral

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

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

WARNING

Applies to

Recording copy request

Must include

case number

A party may request a recording copy by filing a request listing the case number and hearing date and providing a sealed flash/thumb drive.

A party may obtain a copy of a recording by filing a request listing the case number and date of hearing and by providing a sealed flash/thumb drive.

WARNING

Applies to

Written plea

For a waivable traffic offense, a person may enter a written not-guilty plea, waive speedy trial, and request a pretrial.

A person charged with a traffic offense that may be waived may enter a not guilty plea in writing, waive the right to speedy trial and request a pretrial.

WARNING

Applies to

Proof of disposable earnings and exemption eligibility

The Trustee may require proof of disposable earnings and exemption eligibility by affidavit or another means, at times the Trustee deems necessary.

Applicable: Sections 2329.63 thru 2329.71 of the Ohio Revised Code provide for exemptions and are based upon disposable earnings. The Trustee is hereby authorized to require proof of disposable earnings and eligibility for exemptions by affidavit or otherwise and at such times as he shall deem necessary.

WARNING

Applies to

Mailing address information

Each litigant is responsible for providing the clerk with their correct mailing address.

Each party litigant shall be charged with the responsibility of providing the clerk with their own correct mailing address.

WARNING

Applies to

Written appearance and plea

Before arraignment, defense counsel may file a written appearance and not-guilty plea under Crim. R. 10(B), except for the offenses listed in Local Rule 15(A)(4).

Prior to arraignment, Defendant's counsel may file a written appearance and a plea of not guilty pursuant to Crim. R. 10(B), except for those offenses listed in Local Rule 15(A) 4 below.

WARNING

The prosecutor must make recommendations to withdraw, reduce, or dismiss charges and the reasons for them in open court or specifically in writing in the case file or plea judgment entry.

All recommendations for withdrawal, reduction or dismissal of charges and the reasons therefore shall be made in open court by the Prosecuting Attorney or shall be specifically set forth in writing in the case file or in the Judgment Entry setting forth the plea.

WARNING

Applies to

Satisfaction

A satisfaction may be entered by the attorney of record with clerk attestation or by a journal entry signed by the party or attorney and approved by the judge.

Satisfaction in whole or part of a Judgment may be entered on the docket by the attorney of record, attested to by the Clerk of Deputy Clerk, or by Journal Entry signed by the party or the attorney of record and approved by the Judge.

WARNING

Applies to

Presentence report

After completing a presentence investigation, the probation department must prepare a written report and make it available to the prosecution and defense before sentencing.

Upon completion of the investigation, the probation department shall prepare a written report. Such report shall be made available for review by the prosecution and defense prior to sentencing.

WARNING

Applies to

Jury summons

A jury summons must use readily understandable language 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

Written plea

In lieu of the initial appearance, an attorney may enter a written plea if the attorney waives speedy-trial time and requests a pretrial, subject to the Rules’ exceptions.

In lieu of the initial appearance and except as otherwise provided in these Rules, an attorney may enter a plea in writing, provided the attorney waives the time for speedy trial, and requests that a pretrial be scheduled.

WARNING

Applies to

Jury questionnaire

Prospective jurors must complete a jury questionnaire and, if appropriate, submit 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.

INFO

Applies to

Journal entry objections

If opposing counsel rejects the journal entry, counsel may file written objections with the Court.

and may, in case of rejection, file objections thereto in writing with the court.

INFO

Applies to

Oral argument request

Motions are generally determined on the motion and supporting documents; oral argument may be allowed at the Court’s discretion upon written request.

Motions, in general, shall be submitted and determined upon the motion and supporting documentation. Oral arguments may be permitted at the court's discretion on written request.