Athens County Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request must be accompanied by an entry stating the requester and reasons, the current assignment, all parties’ acknowledgment, and an agreed or proposed new date.
- The court may schedule subsequent pretrials upon a showing of good cause.
- Cases may not be continued beyond the fourth calendar month after filing except in extraordinary circumstances.
- +1 more
Request must include
- Requests to continue small claims cases should be written, directed to the Small Claims Division, and made at least seven days before trial; without agreement, a continuance may be granted only for good cause shown and with the Court’s express approval.
Document Format Requirements15 rules
Any party submitting hard copy filings will provide the Court with the appropriate number of copies for service and for the court record.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
E-filed documents and attachments must be searchable, non-editable PDFs; external links are prohibited, while internal links are permitted but may not work with the case management system.
- File type
Court's wording
E-filed documents, including attachments, shall be filed in searchable (but not editable) PDF format. External electronic links to material outside the filed document are strictly prohibited. Internal links to other parts of the same filing are permissible, but may not be compatible with the case management system.
Documents requiring a signature by a Judge or Case Assignment Manager shall be submitted as a Microsoft Word document with the appropriate signature token as per the instructions of the e-filing system.
All electronically filed documents shall be formatted in accordance with the applicable civil, criminal, traffic, and local rules governing formatting of paper filings.
An electronically filed document must use a digitized format specified by the Clerk under the applicable procedures and orders.
Court's wording
Such filing shall be in a digitized format specified by the Clerk pursuant to the Clerk of Court’s electronic filing procedure, this Court’s Local Rules of Practice and Procedure, and any administrative order(s) regarding electronic filing.
Documents containing signatures of third parties, including signatures of notaries public, shall be scanned as an image and filed electronically.
Formatting
- •Scan documents containing third-party signatures as an image
The signature of an attorney or a party on a document that is filed electronically shall be represented with a conformed signature of “/s/ (name).”
All motions must be in writing.
Transcriptions for appellate purposes shall be prepared in accordance with Appellate Rule 9(A) and (B) and the scheduling order issued by the Fourth District Court of Appeals.
Any public record request that seeks information in electronic format will be delivered in PDF format.
- File type
Parties shall provide discovery in the same format as their respective records are stored.
Electronic signatures are permitted, but signers must authenticate through the court’s secured network when required, and attorneys must not share their passwords.
Formatting
- •Attorneys must not share these passwords with others
Court's wording
1. Documents may be signed by an Attorney with an electronic signature. To ensure that the electronic signature is authentic, the signer must use a user name and password to log into the court’s secured network to access the document to be signed. No attorney shall share these passwords with others. 2. Documents may be signed by a Plaintiff, Defendant or Litigant with an electronic signature. If filing a document through the electronic case management e-file system, the signer must use a user name and password to log into the court’s secured network to access the document to be signed. No attorney shall share these passwords with others.
Pursuant to Traffic Rule 3 (F)(1), traffic citations may be produced by computer or other electronic means.
An additional copy may be submitted for the submitting party’s use.
Document Filing Requirements42 rules
Attorneys shall designate their capacity as trial counsel on all pleadings in civil and criminal cases and shall include their office address, zip code, email address, telephone and fax numbers. A law firm is not to be named as trial attorney.
All parties wishing to respond to such motion shall do so in writing not later than the fourteenth day following service of the motion upon the responding party.
All motions must be presented and filed within rule, in writing, accompanied by sufficient memoranda stating the grounds and factual and legal basis.
Counsel shall be permitted to withdraw from trial counsel responsibility only with the consent of the Court. No such application will be considered unless a written entry or motion is presented stating the reasons for the application, containing certification of service to opposing counsel and the party, and stating the time and date of trial, if set.
- Document
- Trial counsel withdrawal application
Must include
- •Certificate of service
Issues shall be identified with sufficient specificity to advise of the appropriate witnesses and evidence necessary to be present at the evidentiary hearing.
All pretrial motions shall be timely filed and in writing which states the factual and legal issues for said motion.
Case citations shall be to the official reports or the website (2006-Ohio-1234).
Cases cited not having such references must be attached to the motion.
At the final pretrial, which is unlikely to be continued, counsel shall have prepared and present one of the following: a. Proposed dismissal/sentencing entries with proposed penalties; or b. A list of witnesses, anticipated evidentiary issues, and any proposed jury instructions.
Where a complaint is filed alleging a violation of law involving use or possession of false identification, the original false ID(s) shall be attached to the complaint.
All jury waivers must be in writing signed by the defendant in open court.
No complaint shall be accepted for filing that fails to state the political subdivision in which the offense is alleged to have occurred, so that the appropriate prosecutor can be involved.
It shall be the responsibility of trial counsel, or the party if unrepresented, to notify the court, in writing, when discovery is complete and a case is ready for trial, or when court action is required to complete discovery and proceed to trial.
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.
When the suspension is upheld but limited driving privileges permitted, the petitioner's license must be surrendered to the Clerk of Court with final entry.
Petitions pursuant to Revised Code Section 4507.021 and 4511.191 must list petitioner's complete name including first, middle, and last name together with the address of petitioner and Bureau in addition to the petitioner’s date of birth, social security number, and operator’s license number. The Clerk shall not accept for filing any petition failing to contain all such items of required information.
Application to redact an eviction record must be made by motion and served upon the opposing party at their last known address. The application is on an individual basis; each Defendant must file an application.
Upon the filing of the Motion and Affidavit or Counterclaim required by Section 1925.10, Ohio Revised Code, and payment of the required costs, a case shall be transferred to the regular docket.
An eviction complaint must attach the required Notice to Leave Premises, served on the tenant at least four business days earlier, and must clearly describe the property.
Court's wording
The Clerk shall not accept for filing any Complaint seeking eviction unless such Complaint has attached a Notice to Leave Premises required by R.C. Chapter 1923 that has been served upon the tenant at least four business days earlier. A clear description of the property in question is also necessary, especially if the property is not physically marked or identified.
In a contested account action, the plaintiff must provide the specified account documentation, and judgment will not be granted unless those requirements are met.
Court's wording
1. If an action is contested, Plaintiff must provide sufficient documentation, including the following: a. The document establishing the account which names Defendant; b. A beginning balance of zero; c. The item or items, dated and identifiable by number or otherwise, representing charges, or debits and credits; and d. A running or developing balance which permits the calculation of the amount claimed to be due. 2. No judgment in a contested action will be granted unless these provisions are met.
For a document requiring multiple signatures, the filer must confirm written agreement from all signers and indicate their agreement in the document.
Court's wording
When a stipulation or other document requires two or more signatures, the filing party or attorney will confirm in writing that the contents of the document are acceptable to all persons required to sign the document. The filer will indicate the agreement of all necessary parties at the appropriate place in the document, usually, the signature line(s).
A person filing electronically must preserve an exact source copy through the appeal period and produce it or a facsimile on request.
Court's wording
The person filing a document electronically shall maintain an exact copy of the source document upon which the electronic filing was based, either in an unalterable electronic format or on paper. The filing person shall retain this source document until final disposition of the case and through any appeal period. The filing person shall make the source document or a facsimile thereof available for production at the request of the court, the Clerk, other counsel or parties representing themselves.
The filer must retain the paper original of a third-party-signed document through the appeal period and make it available for production and copying on request.
Court's wording
The filing party shall retain the original document in paper form until final disposition of the case and through any appeal period. The filing person shall make the original document available for production and copying at the request of the Court, the Clerk, other counsel, or other parties representing themselves.
All requests for excuses or deferrals shall be submitted in writing or otherwise recorded and the disposition of the request shall be in writing by the judge.
The jury notification must include a separate questionnaire, which must be returned as directed on the notification form.
Court's wording
The notice summoning a person to jury service shall include a questionnaire eliciting essential information regarding that person. The questionnaire shall be a separate document enclosed with the standard jury notification and shall be returned to the court pursuant to the directions contained on the jury notification form.
Such writing shall specify the materiality of the view and the points of interest to be announced by the bailiff.
C. The jail shall provide appointed counsel applications/financial affidavits to incarcerated defendants at their arraignments and shall cause those completed applications/affidavits to be submitted to the Clerk the same day as signed.
Counsel may satisfy the defendant’s initial-appearance requirements by filing a letter or notice of appearance before the appearance date that states the plea, waives speedy-trial time, and requests a pretrial.
Court's wording
F. The requirements of the defendant’s initial appearance may be satisfied by counsel for the defendant filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following: a. Plea on the defendant’s behalf; b. Waiver of the time for speedy trial; and c. Request that a pretrial be set.
The journal entry shall state which party will pay the court costs.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.
Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen days or the case will be dismissed for want of prosecution.
A transcript request must be in writing and identify the testimony, case number, and hearing date.
- Document
- Transcript request
Must include
- •Case number
Court's wording
All requests for transcription of testimony from the recording made of any Court proceeding shall be in writing stating specifically the testimony to be transcribed, including case number and hearing date.
All transcription of electronic recordings shall be made by the Court Reporter, or by an individual or transcription service approved by the court to do transcriptions and certified by the Court Reporter.
In the case of indigent appeals, the transcribing entity shall prepare and submit the appropriate documentation for compensation.
3. Defendant enters the ADP by: a. agreeing to be bound by the terms of the ADP, b. signing the ADP agreement, and c. waiving his/her speedy trial rights.
Proof of current insurance and driving privilege application fee is required upon submitting forms to the court.
Recording or photographing court proceedings requires a court order obtained upon written application filed with the Clerk, subject to Rule 12.
Court's wording
Recording or photographing by any person of court proceedings shall not be permitted except upon order of the Court upon written application filed with the Clerk of Court and as otherwise mandated by Rule 12, Ohio Supreme Court Rules of Superintendence.
Recording or photographing court proceedings requires a court order obtained upon written application filed with the Clerk, subject to Rule 12.
Court's wording
Recording, either by audio or visual means, or photographing by any person of court proceedings shall not be permitted except upon order of the Court upon written application filed with the Clerk of Court and as otherwise mandated by Rule 12, Ohio Supreme Court Rules of Superintendence.
Once trial counsel has been designated, such designation shall remain until termination of the case. Change of trial counsel will be permitted upon the filing of an entry containing the designation of new trial counsel.
Counsel for the party in whose favor an order of judgment is rendered shall prepare the journal entry.
Recordings are kept for five years and then deleted unless an appeal is pending and a request is filed to retain the recording longer.
Court's wording
All audio electronic recordings will be maintained on file for a period of 5 years. These will be deleted after 5 years unless an appeal is pending and a request is filed with the Court requesting that the recording be maintained for a longer period of time.
Any person may request an electronic copy of the record of proceedings, or a portion thereof by submitting a written request to the Court Reporter, stating specifically the case number and hearing date.
- Document
- Audio recording copy request
Include
- •Case number
Filing & Service rules
Electronic Filing Rules
Documents may be e-filed in the Clerk-specified digitized format; the Clerk must accept presented paper or electronic filings, but the Court may strike filings that violate the rule.
Any document to be filed in an action proceeding before the Athens County Municipal Court may be filed with the Clerk electronically, except as otherwise provided for in this rule. Such filing shall be in a digitized format specified by the Clerk pursuant to the Clerk of Court’s electronic filing procedure, this Court’s Local Rules of Practice and Procedure, and any administrative order(s) regarding electronic filing. The Clerk of Courts is directed to accept any paper or electronic filing that is presented. However, the Court may strike such filing if it is found to be in contravention of this rule.
Page 15 | RULE TEN: ELECTRONIC FILING — A. ELECTRONIC FILING PERMITTED
Documents filed under seal are prohibited from electronic filing, scanning into electronic format, and upload to the case management system.
Documents filed under seal shall not be filed electronically or scanned by the clerk into electronic format nor uploaded to the court’s case management system.
Page 15 | RULE TEN: ELECTRONIC FILING — D. DOCUMENTS FILED UNDER SEAL
Filing documents by facsimile or fax is prohibited.
Facsimile or Fax filings will not be permitted.
Page 15 | RULE TEN: ELECTRONIC FILING — B. ELECTRONIC FILING OF PLEADINGS
Documents containing third-party signatures must be filed electronically.
Documents containing signatures of third parties, including signatures of notaries public, shall be scanned as an image and filed electronically.
Page 17 | M. SIGNATURES OF PARTIES AND COUNSEL
Except for sealed documents, paper filings will be scanned and uploaded to the case management system or appropriate e-signature program, and the uploaded document constitutes the original.
Any document filed in paper form will be scanned and uploaded to the clerk of court’s case management system, or if a signature is needed, to the appropriate e-signature program. The uploaded electronic document shall constitute the original document.
Page 16 | RULE TEN: ELECTRONIC FILING — E. SCANNING AND UPLOADING PAPER DOCUMENTS
Traffic citations may be electronically filed if the clerk has the appropriate system in place.
Pursuant to Traffic Rule 3 (F)(2), traffic citations may be electronically filed when the clerk has the appropriate system in place.
Page 9 | RULE SEVEN: TRAFFIC PRACTICE
The court authorizes the use and filing of tickets produced by computer or other electronic means.
The use and filing of a ticket that is produced by a computer or other electronic means is hereby authorized in the Athens County Municipal Court.
Page 9 | RULE SEVEN: TRAFFIC PRACTICE
Parties may file pleadings on paper or electronically, and the Clerk will promptly scan paper pleadings into an approved electronic format.
Parties may file any pleading in paper form or electronically. If filed in paper form, the Clerk will scan the document into an approved electronic format promptly upon receipt.
Page 15 | RULE TEN: ELECTRONIC FILING — B. ELECTRONIC FILING OF PLEADINGS
Filing Timing and Cure Windows
A motion response must be filed no later than the fourteenth day following service of the motion on the responding party.
All parties wishing to respond to such motion shall do so in writing not later than the fourteenth day following service of the motion upon the responding party.
Page 6 | RULE FIVE: TRIAL COUNSEL
Amendments are not permitted after the final pretrial.
No amendments will be permitted after the final pretrial.
Page 8 | D. FINAL PRETRIALS AND JURY TRIALS
The jury deposit is due within ten days of the demand or by the business day before a merits hearing on a jury-triable issue, whichever occurs first.
That deposit shall be made within ten days of the demand for jury trial or the business day before any issue triable by jury is scheduled for a merits hearing, whichever is earlier.
Page 10 | RULE EIGHT: CIVIL PRACTICE
Within 15 days of the decision, prevailing counsel must inform the judge whether the parties agree or disagree about the entry.
Within fifteen days of the decision, prevailing counsel shall inform the judge of the agreement or the disagreement of the parties.
Page 10 | RULE EIGHT: CIVIL PRACTICE
Opposing counsel must approve or reject the journal entry within five days.
Opposing counsel shall approve or reject the entry within five days.
Page 10 | RULE EIGHT: CIVIL PRACTICE
Settlement entries may generally be filed at any time, but when settlement avoids a trial date with all parties’ and the Court’s consent, an entry must be filed by the thirtieth day after the trial date or the case will be dismissed without prior notice.
3. Entries of Settlement may be filed at any time. With the consent of all parties and the Court, the avoidance of a trial date by settlement shall be allowed without the filing of an entry, but such entry shall be filed by the thirtieth day following trial date, or the case will be dismissed, without prior notice to counsel.
Page 11 | Entries of Settlement
The referenced document must be filed within fifteen days after the decision.
parties, or (3) prepared by the judge because of counsel’s failure to act, shall be filed within fifteen days after the decision.
Page 11
A transfer to the regular docket must be requested at least five court days before the small claims hearing.
No transfer shall be allowed unless the transfer is requested at least five court days prior to the date of the small claims hearing.
Page 12 | 2. TRANSFER TO THE REGULAR DOCKET
A party who has not answered and expresses a desire to contest at the default hearing must file an answer within fourteen days or the matter proceeds to default.
If a party who has not answered appears at the Default Judgment hearing and expresses a desire to contest the matter, they shall file an answer within fourteen days or the matter will proceed to default.
Page 13 | RULE EIGHT: CIVIL PRACTICE, I. DEFAULT JUDGMENTS
Documents filed after 11:59 p.m. in the applicable Eastern time zone are deemed filed at 8:00 a.m. on the next Court business day.
Any document filed after 11:59 p.m. in the time zone then applicable to the court (either Eastern Standard Time or Eastern Daylight Savings Time) shall be deemed to have been filed at 8:00 a.m. on the next Court business day.
Page 16 | RULE TEN: ELECTRONIC FILING — F. DATE AND TIME OF ELECTRONIC FILING
The Clerk will notify filers of acceptance or rejection; accepted filings receive a stamp showing transmission date and time, while rejected or unprocessed filings receive no file stamp.
The Clerk will notify the filer when a filing has been accepted or rejected for docketing and filing in the court’s case management system. Each document filed will receive an electronic stamp containing the date and time the filer transmitted the document to the court’s authorized electronic filing system. If the Clerk rejects or otherwise cannot successfully process a filing, it will not receive a file stamp.
Page 16 | RULE TEN: ELECTRONIC FILING — G. REJECTION OR ACCEPTANCE OF ELECTRONICALLY FILED DOCUMENTS
A document filed on a Saturday, Sunday, or legal holiday is deemed filed at 8:00 a.m. on the next Court business day.
Any document filed on a Saturday, Sunday, or legal holiday shall be deemed to have been filed at 8:00 a.m. on the next Court business day.
Page 16 | RULE TEN: ELECTRONIC FILING — F. DATE AND TIME OF ELECTRONIC FILING
The Clerk must reject filings that are unsigned, use an unapproved digitized format, lack a required payment, or fail the Word-document and signature-token requirements for a judge’s signature.
The Clerk shall reject any filing that: (a) is not signed by the party; (b) is not in a digitized format approved by the clerk; (c) is not accompanied by a required payment; or (d) requires a judge’s signature and is not submitted as a word document or without the necessary signature token.
Page 16 | RULE TEN: ELECTRONIC FILING — G. REJECTION OR ACCEPTANCE OF ELECTRONICALLY FILED DOCUMENTS
An electronically filed document is considered filed when transmission to the Court’s authorized e-filing system is complete.
Any document filed electronically shall be considered as filed with the Court when the transmission to the Court’s authorized electronic filing system is complete.
Page 16 | RULE TEN: ELECTRONIC FILING — F. DATE AND TIME OF ELECTRONIC FILING
A period measured from the filing of an electronic document runs from the date the document is deemed filed.
Whenever a time period is measured from the time after a document is filed, the time will be measured from the date the electronically filed document is deemed to have been filed.
Page 17 | RULE TEN: ELECTRONIC FILING
A party seeking a jury view must submit a written request at least fourteen days before trial.
If either party desires that the jury view a scene, that request shall be in writing submitted at least fourteen days prior to the day of trial.
Page 22 | RULE TWELVE: JURY MANAGEMENT PLAN
Bond agents and surety companies must register and file required credentials by August 1 of each odd-numbered year; later registration requires court approval.
All bond agents and surety companies seeking to do business in Athens County Municipal Court shall register and file their required credentials by the first day of August of each odd numbered year in accordance with O.R.C. 3905.87. Registration after this date will require Court approval to be added to the approved list.
Page 22 | RULE THIRTEEN: SURETY BOND REQUIREMENTS
Completed appointed-counsel applications or financial affidavits must be submitted to the Clerk the same day they are signed.
shall cause those completed applications/affidavits to be submitted to the Clerk the same day as signed.
Page 23 | RULE FOURTEEN: ARRAIGNMENT APPEARANCES
The letter or notice of appearance must be filed before the date of the initial appearance.
filing a letter or notice of appearance with the court prior to the date of the initial appearance
Page 24 | RULE FOURTEEN: ARRAIGNMENT APPEARANCES
After notice that a case will be dismissed for failure to obtain service, counsel has ten days before dismissal unless good cause is shown.
If counsel fails to obtain service of summons within six months from the date the cause of action has been filed, then the Clerks shall notify counsel that the case will be dismissed in ten days after notice to counsel unless good cause is shown to the contrary.
Page 25 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 2. Clerical Steps
If a case has had no activity for six months and is not set for trial, the Court will give notice that it will be dismissed within ten days unless good cause is shown.
If no action has been taken on a file for a six month period and the case is not set for trial, then the Court shall notify the party that the matter will be dismissed within ten days after notification of counsel unless good cause is shown.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 2. Clerical Steps
If a settlement entry has not arrived within thirty days after the file is marked “settlement entry to come,” the Clerk will notify the party that the case will be dismissed unless the entry arrives within ten days.
When a file has been marked “settlement entry to come” and the entry has not been received within thirty days, then the Clerk shall notify the party that the cause will be dismissed unless the entry is received within ten days.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 2. Clerical Steps
After default judgment, an entry should be submitted within fifteen days of judgment or the case may be dismissed.
Where a default judgment is granted, a failure to submit an entry within fifteen days from the date judgment was rendered may result in the case being dismissed.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 2. Clerical Steps
Opposing counsel must approve or reject the journal entry within five days.
Opposing counsel shall approve or reject that entry within five days.
Page 27 | Judgment Entries
After the Clerk notifies counsel that a case has defaulted, prevailing counsel must submit an application for default judgment within fifteen days or the case will be dismissed for want of prosecution.
Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen days or the case will be dismissed for want of prosecution.
Page 27 | Judgment Entries
A settlement may avoid trial without an entry, but if an entry is to be filed it must be filed within the stated time or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within the time stated or the case shall be dismissed for want of prosecution.
Page 27 | Judgment Entries
The defendant must complete the program within three months after entering it.
Defendant is given three months from the date of entry into the program by which to complete the program.
Page 33 | RULE TWENTY-TWO: DIVERSION PROGRAMS
Cases generally must be completed within one year after the complaint is filed.
All cases must be completed within one year from the date of filing the complaint
Page 10 | RULE EIGHT: CIVIL PRACTICE
The submitting party must pay the account charge for service copies within 30 days.
Filings submitted electronically will have the cost of copies required for service added to the submitting party’s account, to be paid within 30 days.
Page 10 | RULE EIGHT: CIVIL PRACTICE
Small Claims cases must be completed within six months after the complaint is filed.
and Small Claims cases that must be completed within six months.
Page 10 | RULE EIGHT: CIVIL PRACTICE
Personal injury and property damage cases must be completed within two years after the complaint is filed.
except personal injury and property damage cases that must be completed within two years
Page 10 | RULE EIGHT: CIVIL PRACTICE
For a document not accepted because of a transmission error, the Court may, upon satisfactory proof, permit filing nunc pro tunc to the date it was sent electronically.
If a party attempts to file a document electronically and the document is not accepted for docketing and filing in the Court’s case management system because of an error in the transmission of the document to the electronic filing system, the Court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically.
Page 16 | RULE TEN: ELECTRONIC FILING — H. SYSTEM OR USER FILING ERRORS
To the extent possible, the arresting agency should deliver charges to the Clerk of Court at least one business day before arraignment.
D. To the extent possible, the arresting agency will deliver charges to the Clerk of Court no later than one business day before arraignment.
Page 23 | RULE FOURTEEN: ARRAIGNMENT APPEARANCES
A motion submitted on memoranda is considered submitted at the end of the fourteen-day period unless the Court extends the time.
All motions will be considered submitted at the end of said fourteen day period unless time is extended by the court.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 3. Judicial steps
After a prosecutor’s pretrial conference with defense counsel, the defendant may enter the program within 30 days of arraignment.
Entry into the program can also occur following a prosecutor’s pre-trial conference with defense counsel, so long as Defendant enters the program within 30 days of Arraignment.
Page 33 | RULE TWENTY-TWO: DIVERSION PROGRAMS
Electronic filings may be submitted to the Clerk at any time, every day of the week.
An electronic filing may be submitted to the Clerk twenty-four (24) hours a day, seven (7) days a week.
Page 16 | RULE TEN: ELECTRONIC FILING — F. DATE AND TIME OF ELECTRONIC FILING
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 27 | Judgment Entries
Service and Proof of Service Rules
A case will be dismissed if service of process is not completed within six months after the complaint is filed.
Where service of process is not completed within six months from the date of filing of the complaint, the case will be dismissed.
Page 10 | RULE EIGHT: CIVIL PRACTICE
Counsel for the party in whose favor judgment is entered must prepare the journal entry and submit it to opposing counsel within five days of the decision.
Counsel for the party in whose favor an order of judgment is rendered shall prepare the journal entry. That entry shall be submitted to opposing counsel within five days of the decision.
Page 10 | RULE EIGHT: CIVIL PRACTICE
The required Notice to Leave Premises must be served on the tenant at least four business days before the eviction complaint is filed.
The Clerk shall not accept for filing any Complaint seeking eviction unless such Complaint has attached a Notice to Leave Premises required by R.C. Chapter 1923 that has been served upon the tenant at least four business days earlier.
Page 12 | G. EVICTION OF DEFENDANTS IN FORCIBLE ENTRY AND DETAINER CASES
A motion to redact an eviction record must be served on the opposing party at their last known address.
Application to redact an eviction record must be made by motion and served upon the opposing party at their last known address.
Page 12 | 2. Motion to Redact Eviction Record
Written notice of the default hearing must be mailed to the defaulting party’s last known address at least ten days before the hearing.
Default Judgments may be granted upon the Motion of any party or upon Motion of the Court with written notice of the time and date for default hearing mailed to the last known address of the party in default no less than ten days prior to the date for hearing.
Page 13 | RULE EIGHT: CIVIL PRACTICE, I. DEFAULT JUDGMENTS
Electronically filed documents must be served in the manner prescribed by Civil Rules 4 and 5.
Service of documents filed electronically shall be accomplished in the manner prescribed by the Civil Rules. (Civ. R. 4 and 5)
Page 17 | RULE TEN: ELECTRONIC FILING
Summons must be served under the Ohio Rules of Civil Procedure, and counsel must obtain service within six months of filing or risk dismissal after notice unless good cause is shown.
Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six months from the date the cause of action has been filed, then the Clerks shall notify counsel that the case will be dismissed in ten days after notice to counsel unless good cause is shown to the contrary.
Page 25 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 2. Clerical Steps
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 days of the decision.
Page 27 | Judgment Entries
The Assignment Commissioner must notify all counsel of record of a pretrial conference by mail, telephone, or both.
Notice of pretrial conference shall be given to all counsel of record by mail and/or telephone from the Assignment Commissioner.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 3. Judicial steps
Both parties must receive notice of a default judgment hearing, but the plaintiff is excused from attending.
Notice of the default judgment hearing shall be sent to both parties, but Plaintiff is excused from attendance.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 2. Clerical Steps
Filing Fees and Waivers
Failure to timely deposit the jury fee waives jury trial absent good cause, and an indigency affidavit alone is insufficient to waive the deposit.
Failure to timely make this deposit will constitute a waiver of jury trial by the non-depositing party, unless good cause is shown. An affidavit of indigency, per se, is not sufficient to waive the jury deposit.
Page 10 | RULE EIGHT: CIVIL PRACTICE
A party demanding a jury trial in a civil case must deposit $500 to secure juror fees.
If any party demands a jury trial in a civil case, that party shall deposit $500 to secure the fees of the jurors.
Page 10 | RULE EIGHT: CIVIL PRACTICE
The party requesting transfer to the regular docket must pay the filing costs before the transfer is completed.
No transfer shall be accomplished until filing costs are paid by the party requesting the transfer.
Page 12 | 2. TRANSFER TO THE REGULAR DOCKET
Filing fees are due when filing unless good cause is shown, and the Administrative Judge may waive or defer them.
Filing fees and costs are hereby established in the schedule annexed hereto and titled Civil Filing Fees and Costs. This schedule may be amended by the Administrative Judge from time to time. Filing fees shall be paid at the time of filing, unless good cause is shown. Fees may be waived or deferred by the Administrative Judge.
Page 13 | RULE EIGHT: CIVIL PRACTICE, H. FILING FEES AND COSTS
Any payment required for a filing must accompany it, or the Clerk must reject the filing.
The Clerk shall reject any filing that: (a) is not signed by the party; (b) is not in a digitized format approved by the clerk; (c) is not accompanied by a required payment; or (d) requires a judge’s signature and is not submitted as a word document or without the necessary signature token.
Page 16 | RULE TEN: ELECTRONIC FILING — G. REJECTION OR ACCEPTANCE OF ELECTRONICALLY FILED DOCUMENTS
Normal filing fees and case deposits are collected by credit or debit card when the document requiring them is required.
Normal filing fees and case deposits will be collected via user credit card or debit card at the time the document that requires such a fee or deposit is required.
Page 17 | RULE TEN: ELECTRONIC FILING
A transcript will not be delivered until its cost has been paid in full.
No transcript shall be delivered until the cost therefore has been paid in full.
Page 28 | RULE EIGHTEEN: AUDIO RECORDINGS AND TRANSCRIPTS — B. TRANSCRIPTS
After reviewing the recording, the Court Reporter may require a deposit of at least half the estimated transcription cost, and transcription will not be made unless the deposit is paid to the Court.
The Court Reporter shall review the electronic recording of the proceeding desired to be transcribed and, at the discretion of the Court Reporter, require a deposit equal to an amount not less than one-half (1/2) the total estimated cost of the transcription. No transcription shall be made unless that amount of deposit shall be paid to the Court.
Page 28 | RULE EIGHTEEN: AUDIO RECORDINGS AND TRANSCRIPTS — B. TRANSCRIPTS
The defendant must pay a diversion fee to participate in the program.
Defendant shall pay a Diversion fee to participate in the program.
Page 33 | RULE TWENTY-TWO: DIVERSION PROGRAMS
The defendant must pay the court costs associated with the case, including dismissal costs.
Defendant shall pay the court costs associated with the case, including the dismissal.
Page 33 | RULE TWENTY-TWO: DIVERSION PROGRAMS
A driving-privilege application fee is required when the forms are submitted to the court.
Proof of current insurance and driving privilege application fee is required upon submitting forms to the court.
Page 34 | RULE TWENTY-THREE: LIMITED DRIVING PRIVILEGES
For electronic filings, the cost of copies required for service is charged to the submitting party’s account and must be paid within 30 days.
Filings submitted electronically will have the cost of copies required for service added to the submitting party’s account, to be paid within 30 days.
Page 10 | RULE EIGHT: CIVIL PRACTICE
If the required copies are not provided, the court may make them at the submitting party’s expense.
If the appropriate number of copies are not provided, the Court reserves the right to make copies at cost, with the cost of such copies being paid by the submitting party.
Page 10 | RULE EIGHT: CIVIL PRACTICE
The plaintiff must schedule supervision with the Bailiff and deposit enough funds to cover mileage.
Plaintiff shall schedule a time for supervision with the Bailiff and deposit sufficient funds to secure payment of mileage.
Page 12 | G. EVICTION OF DEFENDANTS IN FORCIBLE ENTRY AND DETAINER CASES
The Clerk must collect fines, fees, and costs required by law or court order; the Administrative Judge may set a monthly payment of up to $50 and may accept qualifying community service.
The Clerk of Court shall collect and account for all fines, fees, and costs required by law or Court order. The Administrative Judge may set a minimum monthly payment of not more than $50 and may accept community service for approved agencies at minimum wage.
Page 25 | RULE SIXTEEN: DUTIES OF CLERK OF COURT
Copies of a prepared transcript may be ordered and are billed to the requesting party at the Court's published fee-schedule rate.
Once a transcript is prepared, copies may be ordered of said transcript and the requesting party shall be billed at a rate determined by the Court in the published fee schedule.
Page 28 | RULE EIGHTEEN: AUDIO RECORDINGS AND TRANSCRIPTS — B. TRANSCRIPTS
In cases other than indigent appeals, the transcribing entity must bill the requesting party at the rate in the Court's published fee schedule.
In all other cases the transcribing entity shall bill the requesting party at a rate determined by the Court in the published fee schedule.
Page 28 | RULE EIGHTEEN: AUDIO RECORDINGS AND TRANSCRIPTS — B. TRANSCRIPTS
A fee must be assessed when a work release is issued in a criminal or traffic case.
A fee is to be assessed for the issuing of a work release to any criminal or traffic case.
Page 28 | RULE NINETEEN: WORK RELEASE
Payment of fines and costs may be required before issuance or reissuance of such privileges.
Payment of fines and costs may be required before issuance or reissuance of such privileges.
Page 34 | RULE TWENTY-THREE: LIMITED DRIVING PRIVILEGES
An electronic transcript copy is delivered at no additional cost by email or on physical media supplied by the requesting party.
If an electronic copy is requested, they shall be delivered at no extra cost via email or on physical media (USB drive, burnable CD, etc.) provided by the requesting party.
Page 28 | RULE EIGHTEEN: AUDIO RECORDINGS AND TRANSCRIPTS — B. TRANSCRIPTS
An electronic copy of the audio recording is delivered at no extra cost by email or on physical media supplied by the requesting party.
An electronic copy shall be delivered at no extra cost via email or on physical media (USB drive, burnable CD, etc.) provided by the requesting party.
Page 28 | RULE EIGHTEEN: AUDIO RECORDINGS AND TRANSCRIPTS — C. COPY OF AUDIO RECORDINGS
Sealing & Redaction Procedures
Filing parties must omit or, when inclusion is necessary, partially redact the listed identifiers and proprietary or trade-secret information from pleadings, documents, and exhibits, unless the assigned judge orders otherwise.
A. Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents, and exhibits, unless the assigned judge orders otherwise: 1. Social security numbers except for the last four digits; 2. Driver’s license number; 3. Financial account numbers, including but not limited to debit card, charge card, and credit card numbers; 4. Employer and Employee identification numbers; 5. A juvenile’s name in a complaint or associated document, except for the juvenile’s initials or a generic abbreviation such as “CV” for child victim; 6. Proprietary or trade secret information.
Page 5 | RULE FOUR: REDACTION POLICY
A party may file an unredacted document under seal with Court permission and must move to seal it; the judge may require a redacted public copy.
B. With permission of the Court, a party may file, under seal, a document containing the un-redacted personal data identifiers listed above. 1. The party seeking to file an un-redacted document shall file a motion to file the document under seal. 2. In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.
Page 6 | RULE FOUR: REDACTION POLICY
Documents filed under seal must not be e-filed, scanned, or uploaded to the case management system and must be maintained in paper form.
Documents filed under seal shall not be filed electronically or scanned by the clerk into electronic format nor uploaded to the court’s case management system. The Clerk shall maintain all documents filed under seal in this Court in paper form only.
Page 15 | RULE TEN: ELECTRONIC FILING — D. DOCUMENTS FILED UNDER SEAL
Sealed or expunged documents and case records are unavailable for public disclosure.
4. If, however, a document or case record is sealed or expunged, it is unavailable for public disclosure.
Page 5 | RULE THREE: PUBLIC ACCESS
The filing party alone is responsible for redaction, and the Clerk’s Office will not review documents for compliance or redact them.
C. The responsibility for redacting personal data identifiers (i.e., social security numbers and bank/credit card numbers) rests solely with the filing party. D. The Clerk’s Office will not review the documents for compliance with this rule or redact documents.
Page 6 | RULE FOUR: REDACTION POLICY
The Court may order an eviction record redacted when the interests of justice outweigh the government’s and public’s interests in maintaining the public record.
The Court may order the Clerk to redact an eviction record when the interest of justice in redacting the record outweighs the interests of the government and the public in maintaining a public record of the case, pursuant to Sup. R. 45(E).
Page 12 | 2. Motion to Redact Eviction Record
Pre-Motion Conference Requirements
For a motion decided on memoranda, the Court may give counsel for both parties fourteen days to submit written memoranda with citations or arguments.
If a motion is to be decided on the memoranda, counsel for both parties may be given fourteen days to submit written memorandum containing citations or the arguments of counsel for the court’s consideration.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 3. Judicial steps
After a motion is filed, the Clerk schedules an oral hearing unless the Court decides one is unnecessary.
Upon filing the motion, the Clerk schedules an oral hearing unless the court deems it unnecessary.
Page 26 | RULE SEVENTEEN: CASE MANAGEMENT PROGRAM — D. CIVIL CASE MANAGEMENT, 3. Judicial steps
Adjournment & Extension Requirements
Cases may not be continued beyond the fourth calendar month after filing except in extraordinary circumstances.
Except in extraordinary circumstances, cases will not be continued beyond the fourth calendar month after filing.
Page 7 | B. PRETRIALS
A continuance request must be accompanied by an entry stating the requester and reasons, the current assignment, all parties’ acknowledgment, and an agreed or proposed new date.
Requests for continuances shall be accompanied by entry which must include 1) party requesting the continuance and reasons for the request; 2) the date and time of the current assignment; 3) the acknowledgment of all parties; and 4) an agreed date or a space for a date certain to be assigned.
Page 7 | F. REQUESTS FOR CONTINUANCES
Requests to continue small claims cases should be written, directed to the Small Claims Division, and made at least seven days before trial; without agreement, a continuance may be granted only for good cause shown and with the Court’s express approval.
All requests to continue small claims cases should be in writing, directed to the Small Claims Division at least seven days prior to the trial date. No continuances shall be granted without agreement except for good cause shown and with the express approval of the Court.
Page 11 | F. SMALL CLAIMS CASES
The court may schedule subsequent pretrials upon a showing of good cause.
Subsequent pretrials may be scheduled for good cause shown.
Page 7 | B. PRETRIALS
Final pretrials are unlikely to be continued.
At the final pretrial, which is unlikely to be continued
Page 8 | D. FINAL PRETRIALS AND JURY TRIALS
Chambers Communication Rules
When a defendant seeks to withdraw a jury demand and waive a jury trial, the defendant or defense counsel is responsible for notifying the court.
Where the defendant has entered a jury trial demand and later seeks to withdraw the demand and waive his right to jury trial, it shall be the responsibility of the defendant or defense counsel to notify the court
Page 8 | E. JURY TRIAL RIGHT WAIVER
If illness or other circumstances prevent transporting a defendant before 9:00 a.m., the arresting agency must notify the court before 9:00 a.m.
In the event that ill health of the defendant or other matters prevent transportation before 9:00 a.m., the arresting agency shall notify the court prior to 9:00 a.m.
Page 23 | RULE FOURTEEN: ARRAIGNMENT APPEARANCES
If an oral hearing on a motion is requested, counsel must obtain an agreed hearing date and time from the Clerk of Court.
An agreed date and time for oral hearing, if requested, upon motion must be obtained by counsel from the Clerk of Court.
Page 6 | RULE FIVE: TRIAL COUNSEL
A bond-registration application may be obtained by contacting the Athens County Municipal Court.
A registration application can be obtained by contacting the Athens County Municipal Court.
Page 22 | RULE THIRTEEN: SURETY BOND REQUIREMENTS