Auglaize County Municipal Court, Ohio

Original wills and codicils, cognovit promissory notes, specified written pleas, and pleadings requiring a cost deposit or witness-fee check may not be filed by fax.

(B) The following documents will not be accepted for fax filing: original wills and codicils, cognovit promissory notes, written pleas of not guilty, written pleas of not guilty by reason of insanity, and any pleadings for filing that require a deposit for costs or check for witness fee.

Page 7 | Rule 7 — Facsimile Copy Filing with the Clerk

Registration obligates the attorney or party to file electronically and serve the parties and Court under Ohio Civil Rule 5, with filing notices sent to the e-filer’s account.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5. The e-filer will receive notice of filing to the e-filer’s account.

Page 12 | Register E-Filers

Persons filing documents with the Clerk or Court must register as e-filers and use their assigned electronic identifier for the listed filing and document-access activities.

Persons filing documents with the Clerk or the Court must become registered e-filers. Registered e-filers will receive a confidential and unique electronic identifier that shall be used to file, serve, receive, review, and retrieve e-filed pleadings, orders, and other documents in the case.

Page 12 | Register E-Filers

E-filers must create an account with the online payment agent selected by the Clerk of Courts.

The e-filer is required to create an account with an on-line payment agent determined by the Clerk of Courts.

Page 12 | Register E-Filers

When e-filing an initiating document or one adding a party, the filer must electronically submit the document and separate service instructions, and must also submit the current process-server appointment order when applicable.

When e-filing a complaint or other document initiating a case or adding a party, the filer must:  Electronically file separate instructions for service, including the names and addresses of those to be served.  Electronically file the complaint, third party complaint, or other initiating document.  Electronically file a current copy of the order appointing the individual process server if the document is to be served by a process server.

Page 13 | Complaints and Documents with New Parties

A document requiring a filing deposit or fee to achieve valid filing status must be filed in the same manner as other e-filed documents.

Any document requiring payment of a filing deposit for fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other e-filed document.

Page 14 | Collections of Filing Deposit and Fees

Exhibits, attachments, and other documents that cannot be adequately viewed in PDF must be filed in physical form with the Court.

Exhibits, attachments, or other documents that may not be comprehensibly viewed in a pdf shall be filed in their physical form with the Court.

Page 14 | Exceptions to E-filing

A subpoena to be issued by the Clerk must be filed in paper form with the Clerk.

Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.

Page 14 | Exceptions to E-filing

Pleadings and other papers may be filed with the Clerk by fax at 419-739-6768, subject to the stated conditions.

Pleadings and other papers may be filed in the Criminal, Civil and Small Claims Divisions of the Court with the Clerk of Courts by facsimile transmission to 419-739-6768 subject to the conditions listed below:

Page 7 | Rule 7 — Facsimile Copy Filing with the Clerk

E-filing is not available for every case type.

E-filing will not be permitted for all case types.

Page 12 | Register E-Filers

Garnishments, original wills and codicils, cognovits promissory notes, depositions, and pleadings requiring a witness-fee check are exceptions to e-filing.

Garnishments, Original wills and codicils, cognovits promissory notes, Depositions, or any pleading for filing that requires a check for witness fees.

Page 14 | Exceptions to E-filing

A pro se party who is not registered to use the Court’s e-file system may file paper documents with the Clerk in person or by U.S. Mail.

Pro se parties who are not registered users of the Court’s e-file system may file documents in paper form with the Clerk in person or by U.S. Mail.

Page 14 | Exceptions to E-filing

In traffic cases, the Clerk may accept paper, email, or electronic proof of insurance showing coverage on the citation date.

In all traffic cases before the Auglaize County Municipal Court, the Clerk of Courts may accept paper, email, and electronic proof of insurance that demonstrates the Defendant was insured on the date of the citation.

Page 45 | Rule 41 — Clerk Acceptance of Proof of Insurance

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax filing, or the court may strike the document or exhibit.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

Page 9 | EXHIBITS

An accepted fax filing is filed at the date and time the Clerk time-stamps receipt, not when the fax was transmitted.

Subject to the provision of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

Page 10 | TIME OF FILING

E-filers must submit compliant documents and allow enough time for filing, clerk review, and any necessary resubmission; noncompliant documents may be rejected and not filed.

It is solely the e-filer’s obligation to submit only documents which fully comply with court rules, policies, procedures, and practices. Documents that do not fully comply may be rejected, not docketed, and not filed. The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

Page 11 | No Time Extension

Electronic filing does not change or extend applicable statutes of limitation.

Electronic filing does not alter or extend applicable statutes of limitation.

Page 11 | No Time Extension

An electronically submitted document is accepted after clerk review, filing, and docketing.

Accepted: An electronically submitted document has been reviewed by the Clerk, filed and docketed.

Page 11 | Terms and Definitions

A rejected document must be corrected and resubmitted within 48 hours or it will be rejected and will not become part of the court record.

If the submission is rejected, the document shall not become part of the court record and the filer shall be required to re-submit the document to meet the requirements within 48 hours. If not resubmitted within 48 hours, the document will be rejected.

Page 14 | Time, Effect and Process of e-filing

Paper documents filed under the rule are deemed filed and become the official court record when the Clerk enters them in the Case Management System.

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official court record when they are entered by the Clerk in the Court’s Case Management System.

Page 14 | Exceptions to E-filing

An accepted submission is filed and docketed, deemed filed upon acceptance, and electronically stamped with its submission date and time.

If the submission is accepted, the document shall be filed and docketed. Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the courts e-file system.

Page 14 | Time, Effect and Process of e-filing

In civil cases, all parties must file their Pre-trial Statements with the Court at least three days before the Final Pre-trial.

In all Civil cases, Pre-trial Statements by all parties shall be filed with the Court at least three (3) days before date of Final Pre-trial.

Page 17 | Rule 13 — Pre-trial Procedure

If the Court exercises its discretion to require it, counsel must file an amended Pre-trial Statement including the items in paragraph (B) within five days after the Pre-trial.

At the Court’s discretion, counsel shall file within five (5) days after the Pre-trial, an amended Pre-trial Statement, including those items contained in paragraph (B), above.

Page 19 | Pre-trial

Video depositions must be filed no later than fourteen days before trial.

All Video Depositions shall be filed no later than fourteen (14) days before trial

Page 20 | Rule 16 — Depositions

Adverse counsel must approve or reject the proposed Judgment Entry within five days after receiving it.

counsel for the adverse party who shall approve or reject the same within five (5) days after receipt thereof.

Page 22 | Rule 19(A) — Entries in all Cases

Counsel must promptly submit an order of dismissal after settlement; if it is not submitted within fifteen days after counsel represents to the Court that the case has settled, the Court may dismiss for want of prosecution or enter settlement and dismissal and assess costs.

Counsel shall promptly submit an order of dismissal following settlement of the case. If counsel fails to do so within fifteen (15) days after representation to the Court that the case has been settled, the Court may order the case dismissed for want of prosecution or file a Judgment Entry of settlement and dismissal,and assess costs.

Page 22 | Rule 19(B) — Entries in all Cases

Unless the Court directs otherwise, counsel for the party in whose favor an order, decree, or judgment is rendered must prepare the proper Judgment Entry and submit it to adverse counsel within five days thereafter.

Unless the Court otherwise directs, counsel for the parties in whose favor an order, decree or Judgment is rendered, shall within five (5) days thereafter, prepare the proper Judgment Entry and submit it to counsel for the adverse party

Page 22 | Rule 19(A) — Entries in all Cases

A party requesting separate findings and conclusions must submit proposed findings and conclusions within five days after receiving notice of the Court’s decision.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof on all opposing parties or their Counsel.

Page 30 | Rule 32 — Findings of Fact and Conclusions of Law

Opposing counsel must submit their proposed findings and conclusions within five days after receiving the requesting party’s proposed statement.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

Page 30 | Rule 32 — Findings of Fact and Conclusions of Law

Within 15 days after a bankruptcy stay is lifted, counsel or the party must file and serve notice of the lifting on all counsel or self-represented parties.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

Page 32 | Rule 35 — Bankruptcy Adjudication

Within 15 days after a party files bankruptcy, counsel or a self-represented party must file written notice with the Clerk, including the stay order or other documentation confirming the filing and its date.

Whenever any party to an action pending in this Court files bankruptcy, the attorney of record or the party, if acting in a pro se capacity shall, within fifteen (15) days after filing bankruptcy, file written Notice of Filing with the Clerk of this Court. Such Notice shall include a copy of the Order Staying State Court actions or other appropriate documentation confirming and giving the date of such filing.

Page 32 | Rule 35 — Bankruptcy Adjudication

A transfer motion must be filed at least five days before trial and approved by the Judge; good cause is an exception.

Except for good cause shown, no case shall be transferred from the small claims docket to the regular docket of the Court except up a motion by the moving party field at least five days prior to the scheduled trial date and approved by the Judge.

Page 45 | Rule 39 — Transfer from Small Claims Docket

The investigation report must be filed with the Court as directed in the entry 30 days after the application is filed.

This report shall be filed with the Court as set forth in the entry 30 days after filing the application,

Page 47 | Rule 43 — Sealing or Expungement of Criminal Conviction

Objections must be filed at least 30 days before the hearing; if that date falls on a weekend or holiday, they are due on the prior court date.

All objections to the application shall be filed at least 30 days before the hearing. If the th 30 day falls on a weekend or holiday, the objection shall be due the last court date prior to that date,

Page 47 | Rule 43 — Sealing or Expungement of Criminal Conviction

After timely objections, the applicant has 15 days from proof of service to respond and must say whether the applicant will rely on the case documentation or request an oral hearing.

If objection(s) are filed timely, the applicant shall have 15 days from the proof of service to respond to objections, if any, and shall indicate whether the applicant will rely upon the documentation in this case, or request an oral hearing.

Page 48 | Rule 43 — Sealing or Expungement of Criminal Conviction

If a fax filing lacks the listed cover-page information, the Clerk may accept and file it or treat it as failed and not filed, and need not notify the sender of a failure.

(B) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at the Clerk’s discretion; (1) enter the document in the Case Docket and file the document; or (2) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Court. (C) The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.

Page 9

The Clerk need not acknowledge a fax, the sender bears the transmission risk, and fax filers are urged to verify receipt using available technology.

(C) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission. (D) The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.

Page 10 | TIME OF FILING

The Clerk’s office is deemed open to receive fax filings on the days and during the hours the court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

Page 10 | TIME OF FILING

After reviewing a submission, the Clerk must notify the filer whether it was accepted or rejected.

After Clerk review, the filer will receive notification from the clerk that the submission has been accepted or rejected by the clerk.

Page 14 | Time, Effect and Process of e-filing

Use of the specified equipment for trial-related proceedings requires Court approval consistent with Canon 3(A), and requests must be received by 4:00 p.m. at least one business day before the hearing.

No photographic, television, recording, broadcasting, telephonic equipment or devices shall be used within the confines of the Courthouse, and in official business, unless otherwise approved by the Court for trial related proceedings and as long as such action is approved by Canon 3(A), Ohio Code of Judicial Conduct. All requests pursuant to this rule shall be received no later than 4:00 p.m. at least one business day prior to the hearing.

Page 27 | Rule 30 — Courtroom Procedure

A request for a view must be made at least seven days before the scheduled trial date; requests with less notice will not be honored.

Any party or their Counsel, who requests a view of the premises or scene, must make a request in writing for such not later than seven (7) days prior to the scheduled date of trial. No requests will be honored if made with less than seven (7) days notice.

Page 27 | Rule 29

The Court must set a hearing date approximately 80 days after the petition is filed.

Upon filing of a Petition for either Sealing or Expungement of a record, the Court shall set a hearing date approximately 80 days from the date of filing of the petition.

Page 47 | Rule 43 — Sealing or Expungement of Criminal Conviction

Upon receipt of an e-filing, the system must issue a confirmation stating the date and time of receipt, which serves as proof of receipt.

Upon receipt, the Court’s e-file system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

Page 14 | Time, Effect and Process of e-filing

Filings may be submitted electronically to the Clerk at any time, 24 hours a day and seven days a week.

Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.

Page 14 | Time, Effect and Process of e-filing

A defendant may apply to the sentencing court for work-release participation at or before sentencing.

At or before the time of sentencing, a defendant may make application to the sentencing Court.

Page 32 | Rule 36 — Uniform Work-Release Program

If a system error prevents receipt, the Court may, upon satisfactory proof, permit the document to be filed as of its submission date.

If a submission is not received by the court because of a system error, the court may, upon satisfactory proof, enter an order permitting the document to be filed as to the date it was submitted.

Page 14 | Time, Effect and Process of e-filing

Counsel seeking service by publication must submit the proposed legal notice to the Clerk, who must promptly publish it in the local newspaper.

(B) Counsel for a party desiring service by a publication shall submit to the Clerk of Courts the proposed legal notice for such publication. This notice shall be promptly published in the local newspaper by the Clerk of Courts.

Page 4 | Rule 4 — Service (B)

For one year after filing, the Clerk must accept a file-stamped copy of the order as satisfying Civil Rule 4.1’s process-server designation requirement.

For a one year period from filing, the Clerk shall accept a file-stamped copy of such order as satisfying the requirements of Civil Rule 4.1 for the designation by the Court as a person authorized to make service of process.

Page 4 | Rule 4 — Service (A)(2)(c)

In civil filings, the plaintiff must initially choose one method of service under Civil Rule 4.1 and may not request an alternate method until a return shows service failed.

(A)(1) In all civil filings, the plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1, and may not request service by an alternate method until there is a return showing failure of service.

Page 4 | Rule 4 — Service (A)(1)

A Special Process Server applicant must agree to follow Civil Rules 4.1 through 4.6, applicable local rules, and case-specific Court service instructions.

(4) That applicant agrees to follow the requirement of Civil Rule 4.1 through 4.6, any applicable local rules, and specific instruction for service as ordered by the Court in individual cases.

Page 4 | Rule 4 — Service (A)(2)(a)

The exhibit cover sheet must be signed and served in accordance with the rules governing the signing and service of pleadings.

and shall be singed and served in conformance with the rules governing the signing and service of pleadings in this court.

Page 9 | EXHIBITS

A filer may not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

Page 10 | LENGTH OF DOCUMENT

Registered e-filers must serve the parties and Court in accordance with Ohio Civil Rule 5.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5.

Page 12 | Register E-Filers

Initiating documents and documents adding a party are not served electronically, and summons and service must be completed as the applicable rule or statute requires.

Initial complaints, re-filed complaints, third party complaints, other documents initiating a case or adding a new party are filed but not served electronically. Summons and service cannot be issued or completed electronically and must be accomplished as required by the applicable rule or statute.

Page 13 | Complaints and Documents with New Parties

After an order or entry is signed and filed, the Clerk of Courts must serve copies of all entries and orders.

After the order or entry has been signed and filed, the Clerk of Courts shall serve copies of all entries and orders.

Page 14

The filer, not the Clerk, is responsible for serving documents filed after the original complaint on all parties and attorneys.

In accordance with Civ. R. 5(B)(2) and Crim R. 49, the filer, not the Clerk of Courts shall be responsible for serving all documents filed subsequent to the original complaint on all parties and attorneys.

Page 14

An assignment notice sent by the Assignment Commissioner to counsel by ordinary mail is official and complete notice of the assignment.

Notification by the Assignment Commissioner by ordinary mail shall be deemed official and complete notification to all counsel of any assignment of any case for any purpose whatsoever.

Page 15 | Rule 10 — Notification of Counsel

The extension motion and supporting affidavit must be served on opposing counsel.

The Motion and affidavit shall be served upon opposing counsel

Page 15 | Rule 9 — Rule Dates and Extensions

Written pleadings, motions, memoranda, and arguments filed with the Court must be served on opposing counsel or, if a party is unrepresented, that party.

Every Pleading, Motion, Memorandum or Argument, in writing, filed with the Court and Judge, shall be served upon all opposing counsel or upon all parties not represented by counsel.

Page 15 | Rule 8 — Certificate of Service

An applicant for default judgment must notify the opposing party and submit proof of service to the Court when filing the application.

In addition to the following requirements of Civil Rule #55, the party applying for a Default Judgment shall give notice of the application to the party against whom the Default Judgment is sought and shall, at the time of filing the application, submit to the Court proof of service of the application.

Page 21 | Rule 18(A) — Default Judgments and Relief from Judgment

All trial briefs must be furnished to opposing counsel.

All Trial Briefs shall be furnished to opposing counsel.

Page 21 | Rule 17 — Trial Briefs

Upon filing an Entry, the Clerk must immediately serve a copy on each party or counsel.

All such Entries shall be submitted to the Court with sufficient copies to provide each party with a copy thereof. The Clerk of Courts will not accept for filing any Judgment Entry unless it is accompanied by sufficient copies for each party or counsel in the cause, and the Clerk shall immediately, upon the filing of any such Entry, cause each party or counsel to be served a copy of such Entry.

Page 22 | Rule 19(D) — Entries in all Cases

Juror summonses must be mailed to jurors’ last known addresses.

(B) The assignment clerk of the Court shall summon jurors for trial in a number to be determined by the Judge in the order that they appear on the list as provided by the Jury Commissioners. Summons to be a juror to appear for trial shall be made by mailing the summons to the juror’s last known address.

Page 25 | Rule 26 — Jurors

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

Page 30 | Rule 32 — Findings of Fact and Conclusions of Law

The requesting party must serve copies of its proposed findings and conclusions on all opposing parties or their counsel.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof on all opposing parties or their Counsel.

Page 30 | Rule 32 — Findings of Fact and Conclusions of Law

A copy of a transcript-request motion must be served on the Court Reporter.

Requests for transcriptions of testimony from the recordings of any cases shall be made in writing by Motion with the Court, with a copy to be served upon the Court Reporter.

Page 31 | Rule 33 — Transcription: Trial Record

Notice that a bankruptcy stay has been lifted must be served on all counsel or self-represented parties.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

Page 32 | Rule 35 — Bankruptcy Adjudication

The bankruptcy notice must also be given to all other counsel or self-represented parties of record in accordance with Civil Rule 5.

Such attorney or party shall likewise give such Notice to other counsel or pro se parties of record in such pending litigation; same to conform to requirements of Civil Rule #5.

Page 32 | Rule 35 — Bankruptcy Adjudication

The Clerk must serve the Journal Entry on the listed recipients by hand delivery, electronic means if available, or regular U.S. mail, at the Clerk’s discretion.

The Clerk of Courts shall cause a copy of this Journal Entry to be served upon the Auglaize County Sheriff, Auglaize County Correction Center, the Probation Department of this Court, and all counsel of record by hand delivering the same, or electronic means if available, or by regular U.S. mail, at the Clerk’s discretion.

Page 42 | Work-Release Program

The Court must provide the investigation report to the prosecutor and applicant's counsel or pro se applicant, and the report must not be filed with the Clerk.

This report shall be filed with the Court as set forth in the entry 30 days after filing the application, and the Court will provide a copy of that report to the prosecuting attorney and the applicant’s counsel or pro se applicant. The report shall not be filed with the Clerk.

Page 47 | Rule 43 — Sealing or Expungement of Criminal Conviction

The Clerk must serve objections electronically on applicant's counsel; for a pro se applicant, service is electronic if an electronic address is supplied and by regular U.S. mail otherwise.

and shall be served by the Clerk upon applicant’s attorney by electronic means, or served upon a pro se applicant either electronically if the application contains an electronic address, or by regular U.S. mail if no electronic address is supplied.

Page 47 | Rule 43 — Sealing or Expungement of Criminal Conviction

After a case is ordered sealed, the Juvenile Court must mail the Journal Entry to the appropriate parties and agencies.

Once a case has been ordered sealed, the Juvenile Court processes the Journal Entry and mails that to the appropriate parties/agencies.

Page 56 | E. Procedures for Sealing & Expunging Records

When a case is ordered sealed or expunged, the entry and required Ohio Attorney General form must be sent by certified mail to the law enforcement agencies listed in the order, unless otherwise ordered.

In the event a case is ordered sealed or expunged, the entry will be sent by certified mail unless otherwise ordered to all law enforcement agencies listed on the order, including BCI along with the “Sealing and/or Expungement” Form required by the Ohio Attorney General.

Page 56 | E. Procedures for Sealing & Expunging Records

The Clerk makes the copies needed for service and charges the rate established by the Auglaize County Clerk of Courts.

Copies needed for service shall be made by the Clerk and charged for at the rate established by the Auglaize County Clerk of Courts.

Page 10 | LENGTH OF DOCUMENT

The Clerk’s notation on the appearance docket that an entry of judgment was served is sufficient evidence of service.

The Clerk’s notation of the service of the entry of judgment on the appearance docket is sufficient evidence of service.

Page 22 | Rule 19(E) — Entries in all Cases

A civil action may not be accepted unless the filing parties first deposit money for costs and filing fees, unless a poverty affidavit is filed.

Unless a poverty affidavit is filed, no civil action shall be accepted by the Clerk unless the party or parties offering the same for filing have first deposited a sum of money to secure the payment of costs and to pay the filing fees required by the Ohio Revised Code and Local Rules.

Page 4 | Rule 3 — Court Costs

Requesting counsel must pay the legal-notice costs directly to the newspaper.

The costs of the legal notice shall be paid by the requesting counsel directly to the newspaper.

Page 4 | Rule 4 — Service (B)

Filing a Special Process Server application costs $100.

The cost of filing this application is $100.00.

Page 4 | Rule 4 — Service (A)(2)(c)

Documents requiring a filing deposit or fee must be filed like other e-filed documents; deposits and fees may be paid electronically, or an affidavit of indigency may be filed.

Any document requiring payment of a filing deposit for fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other e-filed document. The e-file system accepts payment of deposits and fees electronically. Alternatively, the e-file system can accommodate the filing of an affidavit of indigency.

Page 14 | Collections of Filing Deposit and Fees

In civil cases, the party demanding a jury trial must pay a bond for jury fees, which are applied to court costs at trial’s end; the case will not be scheduled for jury trial until the bond is paid or waived.

(C) In civil cases the party demanding a trial by jury shall pay a bond for the court costs associated with jury fees. Said fees shall be applied to court costs at the end of the trial. The Court shall not schedule the case for jury trial until such time that the bond is paid or waived by the Court.

Page 26 | Rule 27 — Jury Waiver

The charge is $4.00 per page for an original and one copy to the same person, and $0.05 per page for each subsequent copy.

Said transcript schedule is as follows: original and one copy to same person $4.00 per page; subsequent copy $0.05 per page.

Page 31 | Rule 33 — Transcription: Trial Record

All transcript charges must be paid to the Court in advance, before transcription begins.

All transcript charges are to be paid for in advance to the Auglaize County Municipal Court before transcription will commence, by the appointed Court Reporter-Transcriber.

Page 31 | Rule 33 — Transcription: Trial Record

Civil actions require a $15 increase in the filing deposit for the additional costs.

The additional costs in civil cases shall be collected as a $15.00 increase in the deposit made for the filing within each civil action.

Page 46 | Rule 42 — Special Projects Fund and Supervision Fees

Each application requires a $100 filing fee, with one fee covering multiple listed cases; unused funds are refunded, costs cannot exceed the deposit, and indigent pro se applicants may apply for a waiver.

Only one filing fee shall be charged for the application, even if multiple cases are being listed in the application. Each application shall be accompanied with a filing fee totaling $100, to be applied as follows: $50 which shall be deposited by the Clerk with $30 of that going to the State Treasury and $20 going to the County General Fund; and with the remaining $50 to be held by the Clerk and to be applied towards the court costs in the case. Any unused portion thereof shall be refunded to the applicant. In no event shall the costs assessed exceed the deposit required under this rule. Indigent pro se applicants may file their affidavit of indigency and may apply to the Court for waiver of the filing fee.

Page 47 | Rule 43 — Sealing or Expungement of Criminal Conviction

A $150 deposit is listed for a writ of restitution.

N) WRIT OF RESTITUTION $150.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $75 deposit is listed for a judgment debtors examination.

K) JUDGMENT DEBTORS EXAMINATION $ 75.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $100 deposit is listed for small claims transferred to the civil docket.

D) SMALL CLAIMS TRANSFERRED TO CIVIL DOCKET $ 100.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $5 deposit is listed for a certificate of judgment.

I) CERTIFICATE OF JUDGMENT $ 5.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $1 deposit is listed for a certified copy.

J) CERTIFIED COPY $ 1.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $150 deposit is listed for forcible entry and detainer eviction filings.

B) FORCIBLE ENTRY AND DETAINER -EVICTION $ 150.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $300 deposit is listed for a writ of execution.

O) WRIT OF EXECUTION $300.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $150 deposit is listed for garnishments other than personal earnings garnishments.

M) OTHER THAN PERSONAL EARNINGS GARNISHMENT $150.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $100 deposit is listed for small claims filings.

C) SMALL CLAIMS $ 100.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

Rental escrow requires a $100 deposit plus the first month's rent.

F) RENTAL ESCROW $ 100.00 +FIRST MONTHS RENT

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $7 deposit is listed for a satisfaction with the judge’s signature.

H) SATISFACTION W/ JUDGE’S SIGNATURE $ 7.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $100 deposit is listed for petitions for driving privileges.

E) PETITION FOR DRIVING PRIVILEGES $ 100.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $125 deposit is listed for complaints, answers and counterclaims, cross complaints, third-party counter complaints, and certificates of judgment transfer.

A) COMPLAINT, ANSWER & COUNTER CLAIM, $ 125.00 CROSS COMPLAINT, COUNTERCLAIM, THIRD PARTY COUNTER COMPLAINT, CERTIFICATE OF JUDGMENT TRANSFER,

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $25 deposit is listed for post-judgment motions for driving privileges.

POST JUDGMENT MOTION FOR DRIVING PRIVILEGES $ 25.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $75 deposit is listed for a personal earnings garnishment.

L) PERSONAL EARNINGS GARNISHMENT $ 75.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

A $5 deposit is listed for a satisfaction.

G) SATISFACTION $ 5.00

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

The Clerk may require the initiating party or parties to make an additional cost deposit if the existing deposit appears insufficient to cover excess costs.

The Clerk shall have the following discretionary powers: e. To require an additional deposit for costs from the initiating party or parties when the Clerk of the Court is of the opinion that the funds on deposit for costs are or will become inadequate in an amount sufficient to cover the excess costs.

Page 3 | Rule 3 — Court Costs

The Judge establishes court costs for criminal, civil, and traffic proceedings in accordance with Ohio law.

Court costs in criminal, civil and traffic proceedings shall be established by the Judge of the Court in conformance with the provisions of the Ohio Revised Code.

Page 3 | Rule 3 — Court Costs

At the end of litigation, the Clerk may apply a cost deposit to unpaid costs.

The Clerk shall have the following discretionary powers: a. To apply any deposit for costs at the termination of litigation to any unpaid costs due.

Page 3 | Rule 3 — Court Costs

The Clerk may refuse to accept a check that is not certified.

The Clerk shall have the following discretionary powers: d. To refuse to accept any check that is not certified.

Page 3 | Rule 3 — Court Costs

Copies of documents on file cost $0.05 per page.

The Clerk shall charge $.05 per page for all copies made of documents on file in the office of the Clerk of the Court.

Page 5 | Rule 5 — Removing Files; Copying Files

A requested Certificate and Seal costs an additional $1.00 per document.

If Certificate and Seal is requested, the Clerk shall charge an additional $1.00 fee for each document.

Page 5 | Rule 5 — Removing Files; Copying Files

Copies made by the Clerk for service are charged at the rate established by the Auglaize County Clerk of Courts.

Copies needed for service shall be made by the Clerk and charged for at the rate established by the Auglaize County Clerk of Courts.

Page 10 | LENGTH OF DOCUMENT

If the waiver is not received before the jury is notified to appear, jury-associated costs are assessed to the demanding party unless the opposing party caused the late filing.

Unless the waiver is received prior to notification of the jury to appear, the costs associated with the jury shall be assessed to the party that demanded the jury unless it can be shown that the failure to timely file the waiver was the fault of the opposing party.

Page 26 | Rule 27 — Jury Waiver

If the waiver or withdrawal is not received before notice is sent to jurors, jury-associated costs are assessed to the defendant.

Unless the waiver or withdrawal is received prior to notice being sent to the jurors, costs associated with the jury shall be assess to the defendant.

Page 26 | Rule 27 — Jury Waiver

Personal service for small claims may require an additional deposit.

(Personal Service may require additional deposit)

Page 58 | Appendix — Auglaize County Municipal Civil Deposits

The fee for an appeal to the Court of Appeals is $150.00.

Q) APPEAL TO COURT OF APPEALS $150.00

Page 59

The fee for a motion to revive is $75.00.

P) MOTION TO REVIVE $ 75.00

Page 59

An additional deposit may be required as costs accrue.

(May require additional deposit as costs accrue.)

Page 59

No additional fee is assessed for a facsimile filing.

No additional fee shall be assessed for facsimile filings.

Page 10 | FEES AND COSTS

Deposits may be paid by check, cash, money order, or credit card.

Deposits can be paid by check, cash, money order or credit card.

Page 61 | Auglaize County Clerk of Courts

Completed Form 5.1 information is treated as non-public, kept in a separate envelope, and marked for access only by Court or Clerk personnel.

Such completed forms shall only be accessible as provided for in the Rules of Superintendence, which will be deemed by the Court as a non-public record. The information will be kept in a separate envelope within the case filed and marked as follows: “CONFIDENTIAL FILE – To be opened by Court/Clerk Personnel ONLY.”

Page 5 | Rule 5.1 — Protection of Personal Identifiers

Warrant and summons requests and issued documents may include the full Social Security number and date of birth; after return of service, the Clerk must substitute a copy redacting the first five Social Security number digits and retain the original in a restricted separate envelope.

Notwithstanding this rule, any request for issuance of an arrest warrant, summons or bench warrant, and the actual warrant or summons issued thereafter, may include the full social security number and date of birth of the person named therein. The Clerk shall, upon return of service of the warrant or subpoena replace the original with a redacted copy (ies) upon which the Clerk shall redact the first five numbers of such social security number, retaining the original document (s) in a separate envelope maintained with the file, with said documents open only to inspection to judicial staff, clerk’s staff or upon Court order.

Page 6 | Rule 6 — Pleadings and Motions

Before e-filing, filers must remove or redact the specified sensitive information, and the filing party is solely responsible for redactions.

Before e-filing, counsel, parties and other persons must make sure the first five digits of a social security number, financial account numbers, medical records, driver’s license numbers, and similar private information are removed/redacted from the pleading, motion, or document.  Redactions of personal, confidential, or private information is solely the responsibility of the party filing the document.

Page 12 | Format

Identifiers must be deleted from the copies of the pay stub, driver's license, and health insurance card.

2. Defendant has attached hereto a copy of his current pay stub (identifiers deleted), a copy of his most recent time card (Y or N), a copy of his valid Ohio Driver’s License (identifiers deleted) (valid Y or N), a copy of his valid health insurance card (identifiers deleted) (valid Y or N), and if applicable a copy of his current valid auto insurance card.

Page 37 | Work-Release Application, Form 40(A)

The Juvenile Court mails the sealing entry, marks and restricts the sealed record, sets a tickler for five years after sealing or when the juvenile turns 23, shreds the physical case after verifying its images, and retains copies of the entry and BCI form.

Once a case has been ordered sealed, the Juvenile Court processes the Journal Entry and mails that to the appropriate parties/agencies. The Juvenile Court then, goes into the case management system and marks the case sealed by the Seal Case function in Courtview. The case number is then changed to include SLD (example 2026 DELSLD 00001) to reflect that the case is sealed. A tickler is then set up for 5 years from the date of the Journal Entry sealing the case or upon the juvenile’s attainment of the age of 23 in accordance to ORC. 2151.358. In regard to the physical case file, the images are reviewed to ensure that they are there and then the case is shredded. Access to the sealed case in the case management system is then limited to necessary personnel. All indexes are marked to indicate that the case is sealed. The Juvenile Court keeps a copy of the Journal Entry sealing the record along with a copy of the form sent to BCI in a binder.

Page 56 | E. Procedures for Sealing & Expunging Records

In the Clerk of Courts office, the procedure is as follows: The case is flagged as sealed in the case management system by the office supervisor. The physical case is then transmitted to the Clerk of Courts who then follows the direction of the case management system (Equivant) to permanently delete the case from the computer system, ensuring that the record is irretrievable. The physical case file is then shredded by the Clerk.

In the Clerk of Courts office, the procedure is as follows: The case is flagged as sealed in the case management system by the office supervisor. The physical case is then transmitted to the Clerk of Courts who then follows the direction of the case management system (Equivant) to permanently delete the case from the computer system, ensuring that the record is irretrievable. The physical case file is then shredded by the Clerk.

Page 56 | E. Procedures for Sealing & Expunging Records

The Clerk’s office flags sealed cases in its system, restricts case access, secures the physical file, and seals indexes.

In the Clerk of Courts office, the procedure is as follows: The case is appropriately flagged as sealed in the case management system. The case number is then changed to a “SLD” case that is only accessible by the Clerk and Chief Deputy. The physical case file will be removed from our file room and stored in a secure area accessible only by the Clerk. All indexes are appropriately sealed.

Page 56 | E. Procedures for Sealing & Expunging Records

Specified older and transferred records are public, but a person whose information appears in a public record may petition for removal; if granted, the information is placed in a separate non-public envelope and a redacted copy goes in the public file.

Any personal and private information in documents filed prior to June 30, 2009, is considered public. Any personal and private information in records or transcripts transmitted to this court from another court is considered public. A party or an attorney in a case, or any other person whose personal and private information is contained in a public record of this court may petition the court for the removal of personal and private information, and if the request is granted, the personal and private information will be removed from the file-stamped document and placed in a separate envelope and deemed a non-public record. A redacted copy of the document will be placed in the public case file.

Page 6 | Rule 5.1 — Protection of Personal Identifiers

(D)(3) All other motions shall be subject to the briefing schedule and submission as set forth in Civil Rule 6(C).

(D)(3) All other motions shall be subject to the briefing schedule and submission as set forth in Civil Rule 6(C).

Page 7 | Pleadings and Motions

Summary judgment motions must be submitted on the pleadings under Civil Rule 56(C)'s procedures and time frames, without a hearing unless the Court orders otherwise.

(D)(2) Motions for summary judgment shall be submitted to the Court upon the pleadings as provided for in the procedures and time frames as set forth in Civil Rule 56(C) without a hearing unless otherwise ordered by the Court.

Page 7 | Pleadings and Motions

(A) Unless circumstances clearly dictate otherwise, counsel shall participate in informal Pre-trial Discovery Conferences to reduce, in every way possible, the filing of Discovery demands and procedures; to that end it is suggested that no Interrogatory requests, Motions or Applications, or Protective Orders shall be filed under Civil Rule #26-37, inclusive, until counsel have diligently explored such objectives with opposing counsel in an effort to informally handle all Discovery matters and reduce or clarify the issues in controversy to facilitate the presentation at trial.

(A) Unless circumstances clearly dictate otherwise, counsel shall participate in informal Pre-trial Discovery Conferences to reduce, in every way possible, the filing of Discovery demands and procedures; to that end it is suggested that no Interrogatory requests, Motions or Applications, or Protective Orders shall be filed under Civil Rule #26-37, inclusive, until counsel have diligently explored such objectives with opposing counsel in an effort to informally handle all Discovery matters and reduce or clarify the issues in controversy to facilitate the presentation at trial.

Page 19 | Rule 14 — Discovery

The Court may decide any motion without an oral hearing; counsel must obtain leave for a hearing.

(D)(1) All motions may be decided by the Court without oral hearing unless leave of Court for such a hearing is obtained by counsel.

Page 7 | Pleadings and Motions

An extension beyond the period previously allowed requires a written motion and supporting affidavit showing practical impossibility and good cause; the papers must be served on opposing counsel, and the matter will be heard at a time set by the Court, even if counsel consents to an extension beyond 21 days.

Where an additional extension of time beyond that provided by the foregoing paragraph is needed, the party desiring the extension shall file a written Motion supported by an affidavit stating facts indicating the practical impossibility of pleading within Rule and demonstrating good cause for further extension. The Motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Court. Motion and affidavit will be required even though consent of counsel is obtained if the extension is for a period of time beyond twenty-one (21) days.

Page 15 | Rule 9 — Rule Dates and Extensions

Before a Rule date expires, leave for an extension may be permitted if the total extension is no more than 21 days; after expiration, leave requires good cause.

Prior to the expiration of any Rule date, any party may be permitted leave to Move or Plead provided the total extension of time does not exceed twenty-one (21) days. Subsequent to the expiration of a Rule date, leave will be granted only for good cause shown.

Page 15 | Rule 9 — Rule Dates and Extensions

For cases assigned for trial, a continuance application must show good cause, and an application based on a witness's absence must also show counsel's reasonable diligence.

In cases assigned for trial, applications for Continuances must be supported by evidence of good cause for Continuance and when such application is based upon the absence of a witness it must be supported by evidence of reasonable diligence on the part of counsel.

Page 23 | Rule 20 — Continuances

No continuance of an oral hearing will be granted except upon written application of the Court together with evidence of good cause for such continuance. Also, its applications for continuance must be made at least seven (7) days prior to such hearing.

No continuance of an oral hearing will be granted except upon written application of the Court together with evidence of good cause for such continuance. Also, its applications for continuance must be made at least seven (7) days prior to such hearing.

Page 23 | Rule 20 — Continuances

Untimely continuance requests will be denied.

Untimely requests will be denied.

Page 23 | Rule 20 — Continuances

All continuance applications require the Judge's approval.

All applications for Continuances must be approved by the Judge subject to the following:

Page 23 | Rule 20 — Continuances

Counsel with a conflict after a trial date is scheduled should immediately apply for a continuance, and the request must include a copy of the order creating the conflict.

After a trial date is scheduled, counsel who has a conflict with a scheduled trial date should immediately apply for Continuance so that their case may be rescheduled and a replacement case inserted instead; also, requests must be accompanied by a copy of the Order creating the conflict.

Page 23 | Rule 20 — Continuances

An attorney who accepts representation of a defendant in a civil or criminal matter must immediately notify the Court, even if the attorney has not yet entered an appearance.

It shall be the duty of any attorney upon accepting representation of the Defendant in any Civil, or Criminal matter, to immediately notify the Court of such representation, even though her appearance may not as yet have been entered in the case.

Page 15 | Rule 10 — Notification of Counsel

A juror may request excusal at least two business days before service by any of the stated methods; the request is granted if the juror has not previously received a postponement and agrees with the court on future service, while a second postponement is allowed only for the stated emergencies.

(D) A juror may be excused upon the request of the juror from service when the request is made at least two business days before the date summoned for service. The request may be made in person by the juror, by telephone, electronic mail or in writing. The request will be granted if the juror has not previously been granted a postponement and the juror and the court reach an agreement as to future service. The juror may be assigned to a subsequent term. A juror may be granted a second postponement of service only in the event of an extreme emergency or a natural disaster or emergency in which the juror is personally involved that could not have been reasonably anticipated at the time the initial postponement was granted.

Page 25 | Rule 26 — Jurors

A juror over 75 is entitled to excusal but must inform the Court no later than the scheduled appearance date.

(F) A juror who is over 75 years of age is entitled to be excused from jury service but must inform the Court of the request no later than the date on which the juror is scheduled to appear for service.

Page 25 | Rule 26 — Jurors

Trial counsel must meet with the Court in Chambers at least 30 minutes before the scheduled time on the day of jury trial.

(A) Trial Counsel shall meet in Chambers with the Court on day of Jury Trial at least thirty (30) minutes before time set for trial.

Page 26 | Rule 29 — Conduct at Trial

If the Administrator deems that a violation occurred, the Administrator must notify the Court that placed the Defendant in the program by 9:00 a.m. of the next Court day.

If the Administrator deems a violation has occurred the inmate may be suspended from the program and the Administrator shall notify the Court that placed the Defendant in the program by 9:00 a.m. of the next Court day.

Page 35 | Rule 36 — Work-Release Program

A debtor must immediately notify the Clerk of any change in work status or address.

(C) The debtor must notify the Clerk immediately of any change in work statutes or address.

Page 44 | Rule 38 — Trusteeship

Counsel must notify the Clerk in writing of any party’s address change.

Counsel shall notify the Clerk in writing of any change of address of any party.

Page 6 | Rule 6 — Pleadings and Motions

Counsel who plan to be away should notify the Assignment Commissioner well in advance.

Counsel who plan to be away on vacation or otherwise, should notify the Assignment Commissioner well in advance of their anticipated absence.

Page 23 | Rule 20 — Continuances

The Work Release Administrator and the Court’s Probation Officers must communicate about inmates’ supervision and progress in the program.

The Work Release Administrator and the Court’s Probation Officers shall communicate regarding supervision the work release inmates and their progress while participating in this program.

Page 36 | Rule 36 — Work-Release Program

Credit card payments may be made by phone using the listed court numbers or online through the listed payment sites.

Credit card payments can be made by phone or online at: Common Pleas Cases : https://www2.auglaizecounty.org/online-payments-common-pleas- court-only 419-739-6765 Municipal Court Cases: https://www2.auglaizecounty.org/clerk-courts-online-payments CIVIL: 419-739-6767 TRAFFIC/CRIMINAL: 419-739-6766

Page 61 | Auglaize County Clerk of Courts