Filing the motion, affidavit, and proposed entry with the
Clerk is not sufficient. Counsel must present the filed copies of
the motion and affidavit along with the original proposed judgment entry
directly to the Magistrate;
Unless counsel has personal knowledge of the amount owed,
the affidavit must come from the party seeking the default - not counsel;
Pursuant to Local Rule 17(A), the endorsement of
counsel shall appear on the journal entry;
Original proposed entries stapled to the original motion
cannot be removed and presented to the assigned Judge for signature;
The assigned Judge's name must appear on all pleadings;
Attorney fees are permitted by case law in condominium lien
foreclosure cases. See Nottingdale Homeowner's Association,
Inc. v. Darby, (1987), 33 Ohio St. 3d 32. If requested in any other
case, counsel must provide the portion of the contract allowing for such fees
along with a separate affidavit substantiating such fees. The amount of
such fees must be a sum certain. If counsel cannot provide a contract,
but still wishes to seek fees, the case must be set for a hearing.
Future rent will not be awarded;
Pre-judgment interest must be calculated and included as a
liquidated amount;
For subrogated insurance cases, the insured's deductible
cannot be claimed unless such insured has been named as a party;
If the defendant has entered into the case,
the motion must be set for a hearing and the defendant must receive notice of
such hearing. See Civil Rule 55.