Willoughby Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion to unseal eviction record

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.

7. 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.

CRITICAL

Applies to

Electronically filed pleading or document

An electronically filed pleading or other document requiring an attorney's signature must use the prescribed attorney-signature format.

A pleading or other document requiring an attorney's signature shall be signed in the following manner if filed electronically: "/(attorney name)/." The correct format for an attorney signature is as follows:

CRITICAL

Applies to

Counterclaim or crossclaim

Unless good cause is shown, a motion to transfer must accompany timely written counterclaims and crossclaims exceeding $6,000 or the jurisdictional limit, and those claims are transferred to the regular docket.

Unless good cause is shown, a motion to transfer to the regular docket shall accompany all timely, written counterclaims and crossclaims in excess of $6,000.00 (or the jurisdictional limit) and shall be transferred to the regular docket.

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 filing a small claims complaint pursuant to R.C. 1925.04.

CRITICAL

Applies to

Transcript request motion

Transcript requests must be made in writing by motion and filed with the Clerk.

All requests for transcripts of any court proceeding shall be in writing via motion and filed with the Clerk.

CRITICAL

Applies to

Court record

The prosecutor must state on the record that the victim requested notice and confirm whether notice was provided.

The prosecutor shall on the record indicate the victim requested notice and confirm if notice was provided.

CRITICAL

Applies to

Pro hac vice motion

An attorney not admitted in Ohio may appear for another only with judicial permission; the written motion must attach the Ohio Supreme Court pro hac vice registration certificate, certify admission in another state’s highest court or the D.C. court and nonresidency in Ohio, and be cosigned by an Ohio-admitted, registered attorney.

B. PRO HAC VICE: An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in court without the permission of the judge or magistrate. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.

CRITICAL

Applies to

Jury demand

A jury demand in a Small Claims Division case must be accompanied by a proper and timely motion to transfer to the regular docket.

A jury demand shall not be allowed in a case filed in the Small Claims Division unless accompanied by a proper and timely motion to transfer to the regular docket.

CRITICAL

Applies to

Motion

Motions must be in writing.

All motions shall be in writing

CRITICAL

Applies to

Complaint

A Forcible Entry and Detainer complaint must state the reason for eviction and include the specified notice and written instrument.

A complaint in Forcible Entry and Detainer shall be filed and shall contain a reason for the eviction, a copy of the notice under R.C.1923.04, and a copy of the written instrument upon which the claim is founded.

CRITICAL

Applies to

Default judgment

For a default-judgment case based on an account, the account statement and affidavit or testimony establishing that no later payments were made must be submitted.

For cases based on an account, the account statement must be submitted, along with proof by affidavit or testimony that no subsequent payments have been made on the account.

CRITICAL

Applies to

Courtroom broadcast recording order

The judge’s written order concerning a courtroom broadcast, recording, photograph, or television request must be made part of the proceedings record.

The written order of the judge in these matters, pursuant to Sup.R. 12, shall be made part of the record of proceedings.

CRITICAL

Applies to

Default judgment

Must include

proposed order

Counsel must prepare a proposed journal entry in a default-judgment case.

It is the responsibility of counsel to prepare a proposed journal entry.

CRITICAL

Applies to

Written complaint or uniform traffic ticket

A written complaint or uniform traffic ticket must be filed before an individual is placed on the traffic or criminal docket.

The Clerk of Willoughby Municipal Court shall require the filing of a written complaint or uniform traffic ticket before placing an individual's name on the traffic / criminal docket.

CRITICAL

Applies to

Pleading motion brief or other paper

Every filed pleading, motion, brief, or other paper must identify its preparing attorney, if any, and provide the specified contact and registration information.

Every pleading, motion, brief or other paper filed in a case shall bear the name of the individual attorney, if any, who prepared such document, together with identifying information, attorney’s name and registration number, mailing address, phone number and email address.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance motion must be submitted with a proposed Journal Entry.

A proposed Journal Entry shall be submitted with the motion.

CRITICAL

Applies to

Motion to certify case

A party filing a counterclaim, crossclaim, or third-party complaint exceeding the Court’s monetary jurisdiction must also file a motion to certify the case to the Court of Common Pleas.

C. CERTIFICATION TO COMMON PLEAS COURT: It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the Court to also file a motion to certify the case to the Court of Common Pleas. The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court. Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civ.R. 41(B).

CRITICAL

Applies to

Pro hac vice notice

After permission to appear pro hac vice is granted, the applicant must file the notice and a copy of the granting order with the Ohio Supreme Court’s Office of Attorney Services within 30 days.

If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.

CRITICAL

Applies to

Jury demand

A jury demand must be made under the applicable civil or criminal rule and be in writing, either as a separate instrument or by prominent endorsement in a pleading’s caption.

Any party desiring a jury trial in a civil case must demand the same in accordance with Civ.R. 38. Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Crim. R. 23. The jury demand must be in writing either by separate instrument or by prominent endorsement in the caption of a pleading.

CRITICAL

Applies to

Trusteeship application

A trusteeship applicant must submit a creditor's legal 15-day notice received within 30 days before filing the application.

At the time of application, the applicant shall submit to the court a legal fifteen (15) day notice received from a creditor listed in his application within thirty (30) days prior to filing of trusteeship application.

CRITICAL

Applies to

Electronically filed pleading

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

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or, by a party not represented by an attorney.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a proposed Journal Entry.

All motions shall include a proposed Journal Entry.

CRITICAL

Applies to

Not guilty plea letter

A not-guilty plea letter must be sent by retained or court-appointed counsel with a waiver of time and must include the specified counsel information, trial-right waivers or demand, and the defendant’s position on a magistrate; an unaddressed jury-trial right is waived.

B. Not Guilty Plea by Letter: A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment provided that the letter is sent by retained or court appointed counsel and there is a waiver of time. The letter shall include counsel’s name, email address, office address and zip code, office telephone number, and counsel’s Ohio Supreme Court Certificate of Registration Number. The letter shall waive the defendant’s right to a speedy trial, demand or waive the defendant’s right to a jury trial if the offense is one that provides a right to a jury trial and indicate if the defendant is willing to have his case heard by a magistrate. If right to a jury trial is not addressed, that right is waived pursuant to Crim.R. 23.

CRITICAL

Applies to

Proposed journal entry

Must include

case number

The proposed journal entry must include the case number by reference.

2. The motion shall be docketed prior to submitting the proposed journal entry to the judge, and the proposed journal entry shall contain, by reference, the case number of the case

CRITICAL

Applies to

Document containing multiple signatures

Before filing a document requiring multiple signatures, the filing party or attorney must confirm that its contents are acceptable to all required signatories.

a. The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document.

CRITICAL

Applies to

Journal entry

The Journal Entry must reflect the defendant’s assignment to the program.

A Journal Entry shall reflect assignment to the program.

CRITICAL

Applies to

Separately filed exhibit

Must include

caption, judge name, case number

A separately filed missing exhibit must have a cover sheet with the listed case and exhibit information and must be signed and served under the rules for pleadings.

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 Willoughby’s Notice of Filing Exhibit ‘G’ to Plaintiff Willoughby’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Plea agreement

In every negotiated criminal case, the prosecutor must state the underlying plea agreement in open court.

The prosecutor shall state in open court on all negotiated criminal cases, the underlying agreement upon which the plea is based.

CRITICAL

Applies to

Pleading motion or other pertinent document

After assignment to an individual judge, pleadings, motions, and other pertinent documents must be filed with the Clerk of Court.

Upon assignment of a civil case to an individual judge, pleadings, motions and other pertinent documents shall be filed with the Clerk of Court.

CRITICAL

Applies to

Withdrawal motion

After appearing, an attorney may withdraw only with leave of court by a written motion stating the specific reasons, identifying any substitute attorney by name and address, and providing proof that the opposing attorney and client were notified.

C. WITHDRAWAL: Once an appearance is made, an attorney may withdraw from a case only with leave of court. Withdrawal shall be permitted only by written motion filed with the court. The motion shall include (1) the specific reasons for requesting withdrawal, (2) the name and address of a substitute attorney, if any, and (3) proof of notification to the opposing attorney and to the client.

CRITICAL

Applies to

Fax filing

Must include

judge name, case number

A fax filing must include a cover page with the listed court, filer, case, document, transmission, page-count, and applicable cost-submission information.

The person filing a document by fax shall also include a cover page containing all of the following information:  name of the court  name, title, telephone number, fax number, and e-mail address of person filing the fax document;  title of the case;  case number;  title of the document being filed (e.g., Defendant Johns’ 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);  name of the judge;  date of fax transmission;  indication of the number of pages included in the transmission, including the cover page;  if applicable, a statement explaining how costs are being submitted

CRITICAL

Applies to

Reporting firm appointment motion

A movant who wants a particular reporting firm to transcribe a recording must move for that firm’s appointment.

If movant or movant’s counsel wants a particular reporting firm appointed to transcribe a recording, a motion seeking such appointment must be made.

CRITICAL

Applies to

Default judgment

Proof of damages in a default-judgment case must be submitted by affidavit or testimony.

Proof of damages must be submitted to the Court by affidavit or testimony.

CRITICAL

Applies to

Electronically produced ticket

When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applies to

Jury instructions

Counsel must submit proposed instructions for all charges, specifications, and affirmative defenses seven full days before trial.

Counsel shall submit to the Court, seven (7) full days in advance of trial, proposed instructions for all charges, specifications and affirmative defenses.

CRITICAL

Applies to

Praecipe for writ of restitution

To arrange a physical removal, the plaintiff must file a Praecipe for a Writ of Restitution from the Clerk.

Plaintiff must file a Praecipe for a Writ of Restitution from the Clerk;

CRITICAL

Applies to

Motion

Must include

proposed order

When filing a motion, attorneys must submit a separate filing of a proposed journal entry granting the motion and stating the requested relief.

1. All attorneys, at the time of filing a motion, must submit with that motion a separate filing of a proposed journal entry granting the motion and setting forth the requested relief.

CRITICAL

Applies to

Complaint

A corporate plaintiff's complaint must be signed and prosecuted by an attorney.

When the plaintiff is a corporation, the complaint must be signed and prosecuted by an attorney.

CRITICAL

Applies to

Jury demand

A defendant seeking a jury trial must file a timely written jury demand, unless the right to a jury trial is otherwise provided by law.

B. The trial will be set before a judge unless the defendant files a timely jury demand in writing, or is otherwise accorded the right to jury trial by law.

CRITICAL

Applies to

Trial brief

A brief is required in every offense for which jail may be imposed.

A brief is required for all offenses where jail may be imposed.

CRITICAL

Applies to

Program agreement

Defendants participating in the program must sign a program agreement.

Defendants shall sign a program agreement.

CRITICAL

Applies to

Default judgment

The plaintiff must submit an affidavit stating whether the defendant is in military service and supporting facts; if that cannot be determined, the affidavit must say so.

For any case, the plaintiff must provide an affidavit stating whether or not the defendant is in military service and showing necessary facts to support the affidavit. If the plaintiff is unable to determine whether or not the defendant is in military service, the affidavit must state that the plaintiff is unable to determine whether or not the defendant is in military service.

CRITICAL

Applies to

Facsimile produced document

If an exhibit cannot be accurately transmitted by fax, the faxed document must contain 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

DUS checklist

The Probation Officer must complete a DUS checklist identifying the defendant’s BMV problems, restoration tasks and costs, and other pending or unpaid traffic matters.

A DUS checklist form shall be completed by the Probation Officer. The checklist shall identify the specific problems the defendant has with the Bureau of Motor Vehicles (BMV) and the specific tasks and financial costs necessary to restore driving privileges. In addition, all other pending or unpaid traffic matters will be identified on this form.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion submitted to the Court must be accompanied by a proposed journal entry.

All motions submitted to the Court shall be accompanied by proposed journal entries,

CRITICAL

Applies to

Motion to seal eviction record

The party seeking to seal an eviction record must file a written motion with an affidavit attesting to all relevant facts, even if the landlord agreed to sealing.

a. The party seeking to have the record sealed must file a written motion, even if the landlord agreed to the sealing on a settlement agreement or agreed judgment entry. The motion must be accompanied by an affidavit attesting to all relevant facts.

CRITICAL

Applies to

Signed document filed by fax

A signed source document filed by fax must be sent either with its signature or without the signature but with “/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:  Fax a copy of the signed source document; or  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

Pleading motion petition

Except for pro se litigants, attorneys must identify themselves as trial counsel on every filing and include their signature, name, email, office address and ZIP code, office telephone number, and Ohio Supreme Court Certificate of Registration number; a law firm may not be designated as trial counsel.

A. APPEARANCE: Attorneys practicing before this Court (except for pro se litigants) shall designate their capacity as trial counsel on all pleadings, motions, petitions, etc. filed in this Court. All such documents shall bear, in addition to the signature of trial counsel, counsel's name, email address, office address and zip code, office telephone number, as well as the number of counsel's Ohio Supreme Court Certificate of Registration, as provided by Ohio Gov. Bar R. VI, § 4. A law firm shall not be designated as trial counsel.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a written memorandum with argument and citations and a proposed journal entry or order.

All motions must be accompanied by a written memorandum containing argument and citations and a proposed journal entry/order

CRITICAL

Applies to

Document containing multiple signatures

For a document requiring multiple signatures, the filer must indicate other counsel’s or parties’ agreement at the appropriate place in the document, usually on the signature line.

b. The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.