Adams County Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party seeking to continue a trial or hearing must submit a written motion stating the reason for the continuance.
- When counsel seeks a continuance because of another trial scheduled for the same date, the case set first has priority and is to be tried on its scheduled date.
- An application to continue the pretrial conference must be addressed to the judge assigned to the case.
- +1 more
Request must include
Document Format Requirements2 rules
use the traffic complaint and summons forms specified in Rule3 of the Ohio Traffic Rules in all traffic cases.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
- Motion
Formatting
- •Motions must be made in writing
Document Filing Requirements11 rules
When a plea bargain means no jury will be needed, counsel must notify the Clerk and immediately file a written withdrawal of a previously filed jury demand.
Court's wording
(C) In all cases wherein trial counsel have agreed to a plea bargain in which a demand for jury has been previously filed, a written withdrawal of that demand for jury shall be filed immediately after notifying the Clerk of this Court of the existence of a plea bargain in which no jury will need to be summoned.
(A) All complaints in criminal cases shall have attached affidavits which must be sworn to before a warrant to arrest will be issued by this court.
All motions for default judgment filed with this court in civil cases, shall be accompanied by a record of all payments and a summary of how calculations were made.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
All motions must be writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.
All journal entries shall state which party will pay the court costs.
A notice summoning a person to jury service shall be: (a) Combined in a single document. (b) Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems.
The pretrial shall be conducted in accordance with criminal rule 17.1 and a memorandum of the matters agreed upon should be filed in said case.
A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.
(F) Any victim can waive the restitution being paid through the Prosecuting Attorney's Office completing a written wavier. If such wavier is filed, all restitution payments will be made directly to the victim.
Filing & Service rules
Filing Timing and Cure Windows
Counsel must notify the Clerk of the plea bargain before immediately filing the written withdrawal of the jury demand.
(C) In all cases wherein trial counsel have agreed to a plea bargain in which a demand for jury has been previously filed, a written withdrawal of that demand for jury shall be filed immediately after notifying the Clerk of this Court of the existence of a plea bargain in which no jury will need to be summoned.
Page 3 | RULE VI: PLEA NEGOTIATIONS
The $300 civil jury-demand deposit must be made by the earlier of 30 days before trial or seven days after notice of trial.
(F) All jury demands filed with this court in civil action shall require a deposit of $300.00. This $300.00 deposit shall be made 30 days before trial or 7 days atter Notice of trial, whichever occurs first.
Page 4 | RULE VIII: COST DEPOSIT IN CIVIL CASES
After receiving the probation report, the court will set the sentencing hearing within 10 days.
After the court receives the probation report, the court will set the hearing for sentencing within 10 days.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
If no pre-sentence report is requested, the sentencing hearing must be set within 14 days after trial.
Sentencing hearings shall be set within fourteen (14) days from trial if no pre-sentence report is requested.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
The Clerk of Court must be notified of any plea bargain agreement within 10 days of trial.
The Clerk of Court shall be notified within 10 days of trial of the existence of any plea bargain agreement.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
Attorneys must notify the court by 3:00 p.m. seven days before trial of any change in plea; jury costs will be attached to the case otherwise.
All attorneys shall notify the court by 3:00 p.m. seven (7) days prior to the day of their trial of any change in plea or jury costs will be attached to their case.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
First-, second-, third-, and fourth-degree misdemeanor cases must be set for pretrial within 21 days after arraignment.
After arraignment, all 1t, 2n°, 3r° and 4th degree misdemeanors shall be set for pretrial by the judge or assignment commissioner within twenty-one (21) days.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
Motions must be filed within the time limits established by the Ohio Rule of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rule of Criminal Procedure.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
A motion for default judgment and an entry must be submitted within 30 days to avoid dismissal.
that a failure to submit a motion for default judgement and entry within thirty (30) days shall result in the case being dismissed.
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(2)
The journal entry must be submitted to opposing counsel within five days of the decision.
That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 9 | Judgment Entries
Opposing counsel must approve or reject the journal entry within the next five days.
Opposing counsel shall approve or reject the entry within the next (5) days.
Page 9 | Judgment Entries
Within fourteen (14) days of the decision. The journal entry shall be submitted to the Judge and thereafter the court will prepare the journal entry.
Within fourteen (14) days of the decision. The journal entry shall be submitted to the Judge and thereafter the court will prepare the journal entry.
Page 9 | Judgment Entries
The court may continue a case based on attorneys' representation that it has settled, but a final settlement entry must be filed within thirty days after the trial date or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed and continued by the court entry upon attorneys' representation of settlement but a final settlement entry shall be filed within thirty (30) days after the date set for trial or the case will be dismissed for want of prosecution.
Page 9 | Judgment Entries
Counsel should complete settlement or plea negotiations at least seven days before trial when the parties have reached an agreement.
(A) Legal counsel for all parties in all cases; criminal and civil; should complete settlement or plea negotiations no later than seven (7) days before a case is set for trial, should a settlement or plea bargain agreement have been reached by the parties.
Page 3 | RULE VI: PLEA NEGOTIATIONS
If no answer or responsive pleading is filed within 60 days after service is perfected, the clerk must notify counsel of the default.
Within 60 days of perfection of service, no answer or responsive pleading is filed, the clerk shall notify counsel of the default
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(2)
If a case not set for trial has had no activity for six months, the clerk must notify the party that it will be dismissed within one week unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(4)
If a settlement entry has not been received within 30 days after the file is marked “settlement entry to come,” the clerk must notify the party that the case will be dismissed unless the entry is received within 10 days.
When a file has been marked "settlement entry to come" and the entry has not been received, within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(5)
After an answer is filed, the court must set the case for pretrial within 60 days.
After an answer is filed, in the case, the clerk shall forward the file to the Judge. The Court will then set the case for pretrial within 60 days.
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(1)
Entries of settlement may be filed at any time.
Entries of settlement may be filed at any time.
Page 9 | Judgment Entries
Service and Proof of Service Rules
Counsel must notify the Court and prosecutor at least 72 hours before the hearing whether the defendant intends to contest the State's motion.
Counsel for defendants who have received a summons or arrest warrant for violating the terms of probation are to notify the Court and the prosecutor no later than 72 hours prior to hearing of whether the defendant desires to contest the Motion of the State of Ohio.
Page 7 | RULE XIII: RULES CONCERNING PROBATION VIOLATIONS
Summonses must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(1)
Counsel must obtain service within four months after filing the cause of action or the case will be dismissed without prejudice, unless good cause is shown.
that if counsel fails to obtain service of summons within four (4) months from the date the cause of action has been filed, then the case will be dismissed without prejudice unless good cause is shown to the contrary.
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(1)
A jury-service notice must be delivered by regular U.S. Mail with return postage.
Delivered by regular U.S. Mail with return postage.
Page 11 | Notification and Summoning Procedures
If service fails, the clerk must notify counsel by ordinary mail within 14 days after the return showing lack of service.
In the event there is a failure of service, the clerk shall notify counsel by ordinary mail within 14 days of return with lack of service,
Page 7 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (C)(1)
The assignment commissioners must give all counsel of record pretrial-conference notice by mail or the assigned clerk's-office mailbox at least seven days before the conference.
Notice of pretrial conference shall be given to all counsel of record by mail or in his/her assigned mail box located in the clerk's office from the assignment commissioners not less than seven (7) days prior to the conference.
Page 8 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(1)
Filing Fees and Waivers
A $101 cost deposit is required when filing a small claims action involving an amount up to $6,000.
(B) Effective April 1, 2017 deposit for costs in the amount of $101.00 shall be required at the time of filing of any small claims action in this court, amounts up to $6,000.00.
Page 3 | RULE VIII: COST DEPOSIT IN CIVIL CASES
A $201 cost deposit is required when filing a civil action involving amounts up to $15,000, including the listed civil action types.
(A) Effective April 1, 2017 deposit for costs in the amount of $201.00 shall be required at the time of the filing of any civil action in this court, amounts up to $15,000.00, including Personal Injury, Property Damages, Forcible Entry & Detention, other Civil and Contracts.
Page 3 | RULE VIII: COST DEPOSIT IN CIVIL CASES
A $166 cost deposit is required when filing a garnishment of personal earnings.
(C) Effective April 1, 2017 deposit for costs in the amount of $166.00 for garnishment of personal earnings, $81.00 for garnishment of property other than personal earnings, plus $1.00 payable to the garnishee, shall be required at the time of filing of any garnishment of action in this court.
Page 4 | RULE VIII: COST DEPOSIT IN CIVIL CASES
A $20 witness-fee deposit is required for each witness requested in a civil action where a subpoena praecipe is filed.
(G) A deposit in the amount of $20.00 shall be required as a deposit for witness fees in any civil action in which a praecipe for subpoena is filed. This deposit shall be made for each witness requested to be subpoenaed.
Page 4 | RULE VIII: COST DEPOSIT IN CIVIL CASES
A $300 deposit is required for a civil jury demand, due 30 days before trial or seven days after notice of trial, whichever occurs first.
(F) All jury demands filed with this court in civil action shall require a deposit of $300.00. This $300.00 deposit shall be made 30 days before trial or 7 days atter Notice of trial, whichever occurs first.
Page 4 | RULE VIII: COST DEPOSIT IN CIVIL CASES
An additional $15 fee is collected in civil cases for the benefit of Ohio Legal Aid Societies.
(E) The additional $15.00 fee collected in civil cases and $7.00 collected in small claims cases shall be for the benefit of Legal Aid Societies in the State of Ohio.
Page 4 | RULE VIII: COST DEPOSIT IN CIVIL CASES
A $151 cost deposit is required when filing a motion for Debtor's Examination.
(D) Effective April 1, 2017 a deposit of costs in the amount of $151.00 shall be required at the time of filing of any motion for Debtor's Examination.
Page 4 | RULE VIII: COST DEPOSIT IN CIVIL CASES
Costs charged in all cases are those set forth in Sections 1907 and 2303 of the Ohio Revised Code.
Costs charged in all cases in this court are as set forth in the Ohio Revised Code in Section 1907 and 2303.
Page 4 | RULE IX: SCHEDULE OF COSTS
Pre-Motion Conference Requirements
All motions must be set for an oral hearing.
All motions shall be set for an oral hearing.
Page 6 | RULE XII: CASE MANAGEMENT IN CRIMINAL CASES
Opposing counsel must respond in the same manner within 14 days; the motion is then submitted unless the court extends the time.
Opposing counsel shall answer in like matter within the fourteen (14) days thereafter. All motions will be considered submitted at the end of said (14) day period unless time is extended by the court.
Page 8 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(2)
The court will not grant an oral hearing on a motion unless the parties request one in writing and the court deems it necessary.
There will be no oral hearing granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.
Page 8 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(2)
Adjournment & Extension Requirements
A party seeking to continue a trial or hearing must submit a written motion stating the reason for the continuance.
No party shall be granted a continuance of trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 8 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(3)
When counsel seeks a continuance because of another trial scheduled for the same date, the case set first has priority and is to be tried on its scheduled date.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date, in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date
Page 8 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(3)
An application to continue the pretrial conference must be addressed to the judge assigned to the case.
Any application for continuance of the conference shall be addressed to the Judge to whom the case has been assigned.
Page 8 | RULE XIV: CASE MANAGEMENT IN CIVIL CASES, (D)(1)
The trial court has discretion whether to grant other requests to continue a scheduled trial.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 9
Chambers Communication Rules
A plea bargain entered without timely Clerk notification will be approved only for good cause or in the interest of justice.
(B) Plea bargain agreements entered into without notification to the Clerk of this court within the time frame or Rule VI (A), shall be approved only upon showing of good cause of why earlier notification was not given or in the interest of justice.
Page 3 | RULE VI: PLEA NEGOTIATIONS
The Clerk's Office is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and closed on weekends.
Clerk's Office shall be as follows: Monday through Friday 8:00am - 4:00pm Closed Saturday and Sunday
Page 2 | RULE II: COURT AND CLERK'S OFFICE OPERATIONAL HOURS