Barberton Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A defendant may request a seven-day arraignment continuance by phone; a second reasonable continuance may be requested by written motion or by appearing in court at arraignment.
- In a civil case, a party may obtain one automatic leave to move or plead by certification to the Clerk or motion and order stating no prior leave was taken; the leave may not exceed 21 days.
- A judge may grant one additional leave of up to 21 days on a written request giving notice to other parties and stating the reason and details of prior leave; the judge may waive a requirement for good cause.
- +7 more
Request must include
Page & Word Limits1 rule
A transmitted document must be no longer than ten pages
- Page limit
- Up to 10 pages
Document Format Requirements2 rules
Pleadings must reserve a three-inch-diameter space at the upper right for the Clerk’s timestamp; civil complaint face sheets must also include the specified horizontal line.
Court's wording
The caption on all pleadings shall provide a blank space of approximately three inches (3") in diameter on the upper right portion of the pleading for the Clerk's time-stamp imprint. The face sheet of all complaints filed in civil cases shall provide a two and one-half inch (2-1/2") type horizontal line approximately one-half inch (1/2") below and parallel to the line provided for the case number.
All pleadings and other papers shall be typewritten or printed on 8 ½ x 11-inch paper only. They shall be offered without backing, suitable for a flat filing system. Original documents attached or offered as exhibits are exempt from this requirement, provided that all exhibits shall be neatly bound.
- Paper size
- Letter
Document Filing Requirements18 rules
Defense counsel must bring to the criminal or traffic pretrial conference material documents or objects, relevant test reports, and a written list of intended witnesses and any prior felony convictions.
Court's wording
The Defendant's counsel shall bring to the pretrial conference the following information:Documents or other tangible objects which may be material to the case or used at the trial. Reports of tests or examinations made in connection with the case, including chemical tests in DUI cases. A written list of the names and addresses of all witnesses intended to be called at trial, together with any record of prior felony convictions of any such witnesses.
Electronically transmitted filings must contain all information required by Rule 2.1 in addition to:the transmitting email address or phone number of the responsible attorney; the date and time of the electronic transmission; and if applicable, a statement explaining how costs are being submitted.
A request for the recording of any proceeding shall be made in writing and directed to the assigned judge prior to the commencement of such proceeding.
The prosecutor shall bring to the pretrial conference the following information:Any written or recorded statement of the Defendant or co-Defendant, or a summary of any such oral statement. Criminal record of the Defendant, as is available to the prosecutor, including the BMV record in traffic cases. Reports of tests or examinations made in connection with the case, accident reports, and in DUI/BAC cases, calibration information and alcohol influence reports, or in the alternative, have this information available to Defendant's counsel within a reasonable time. A written list of the names and addresses of all known witnesses intended to be called at trial, together with any record or prior felony convictions of any such witnesses. Documents or tangible objects which may be material to the defense if used at the trial or which were obtained from or belong to the Defendant. A written statement of all known evidence favorable to the Defendant and material either to guilt or punishment.
An out-of-state attorney must obtain judicial permission through a written, cosigned motion with the required registration certificate and certifications before appearing.
Court's wording
An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in court without the permission of the judge or magistrate. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.
Motions for a definite statement pursuant to Civ. R.12(E) and motions to strike pursuant to Civ. R.12(F) shall set forth the language sought to be stricken or claimed to be indefinite.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing and submitted to the assigned judge as far in advance as reasonably practical, but no later than one-half (1/2) hour before the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
The plaintiff shall provide a copy of the lease or other written instrument if not previously filed.
Parties appearing pro se shall designate themselves as such on all pleadings, motions, etc. submitted to the court or served on other parties. All notices and communications from the Court and all documents required to be served will be sent to the designated pro se party.
Except for the original complaint, each filed paper must certify service on the other parties; when a party has counsel of record, service must be on counsel unless the Court orders service on the party.
- Document
- Pleading
Must include
- •Certificate of service
Court's wording
Other than the original complaint, every pleading, motion or other paper filed with the Clerk shall contain a certification of service to the other parties to the action. In every proceeding where there is an attorney of record, the service shall be made upon such attorney unless service upon the party is ordered by the Court. Civ.R.5(B).
An eviction complaint must state the reason for eviction, include the statutory notice, and be signed by an attorney if the plaintiff is not an individual.
Court's wording
A complaint in Forcible Entry and Detainer shall be filed in accordance with BMCR Number 7.1 and shall contain a reason for the eviction, a copy of the notice given under R.C. 1923.04. When the plaintiff is not an individual, the complaint must be signed by an attorney. Noncompliance with this rule may result in dismissal of the complaint.
A magistrate's decision shall be in writing, identified as a magistrate's decision in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys no later than three days after the decision is filed.
Counsel must obtain written permission to withdraw, file the written request at least seven calendar days before the next hearing unless otherwise permitted, and include the listed information.
- Document
- Motion to withdraw
Must include
- •Certificate of service
Court's wording
An attorney cannot withdraw or change counsel from any case unless he or she first makes a timely request for permission to withdraw in writing and obtains the written approval of the assigned judge or magistrate. Any request to withdraw must be in writing and be filed with the court at least seven calendar days before the next scheduled hearing, or as otherwise permitted, and shall contain: the reasons for the motion; a certificate of service to opposing counsel and the client; the date and time of the next court appearance; a statement from counsel that if the motion is granted, a copy will be mailed by counsel to the clients at their last known address, including a confirmation of previously scheduled court hearing(s).
At a civil pretrial conference, parties and counsel must complete pleadings, motions, and discovery unless more time is allowed, and be prepared with witness and exhibit materials and the listed case issues.
Court's wording
At the pretrial conference, the parties and/or counsel shall be prepared as follows:Have completed the pleading and motion process unless the judge or the civil rules allow for a longer period. Have completed discovery unless the judge or civil rules allow for a longer period. Be prepared for consideration of evidence questions, stipulations as to facts and law, and other issues. Furnish a list of all witnesses whom they intend to call at trial, together with a statement of the general nature of their testimony. Produce all exhibits intended to be offered at trial. Be prepared to present the legal theory of the case. Be prepared to discuss the possibility of settlement. Other matters as the Court may require.
An attorney must provide all required identification on the first page of transmission in the format prescribed in Rule 2.1(C). Transmissions without such information will not be accepted. A transmitted document must be no longer than ten pages and must pertain to only one case.
- Document
- Electronic transmission
- Placement
- First page
An electronic transmission is the effective original filing; the filer must retain the source document and cover sheet for production on request, and attorneys must mark the original with the transmission date and time.
Court's wording
A document filed by electronic transmission shall be accepted as the effective original filing. The person filing a document by electronic transmission is not required to file any source document with the clerk. The person filing the document shall maintain in his or her records and have available for production on request by the Court the source document filed by electronic transmission, with original signatures as otherwise required under the applicable rules, and the source copy of the cover sheet used for the subject filing. Attorneys must indicate on the original filing the date and time the electronic transmission was sent.
Every filed pleading, motion, and other paper must identify the case and filer; attorney filers must also provide their registration number.
- Document
- Pleading
Must include
- •Case number
Court's wording
All pleadings, motions, and other papers filed in an action shall bear the case number and the name, address, and telephone number of the attorney or other person filing the same. If an attorney is the person filing the document, the attorney registration number shall be included.
The source document filed by electronic transmission shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
Filing & Service rules
Electronic Filing Rules
Criminal complaints may be e-filed but must comply with Crim.R. 3, state the offense’s essential facts and applicable statute or ordinance number, and be sworn before an authorized person.
The Barberton Municipal Court hereby authorizes the electronic filing of criminal complaints. A criminal complaint transmitted electronically must comply with Crim.R. 3. It must state the essential facts constituting the offense charged and must also include the numerical designation of the applicable statute or ordinance. The complaint must be made upon oath before any person authorized to administer oaths.
Page 1 | Rule Number 2.4 - Electronically Filed Criminal Complaints
The Court permits covered documents to be filed electronically through the Clerk’s Office, which must maintain a dedicated email account and phone line for transmitted filings.
Pursuant to Rule 5(E) of the Ohio Rules of Civil Procedure and Rule 12(B) of the Ohio Rules of Criminal Procedure, the Court will allow the filing by electronic transmission, through the Clerk of Court's Office, of complaints, motions, pleadings, letters, documents and all other matters that may be filed in person or by mail with the following provisions: The Clerk shall maintain a dedicated email account of and phone line to accept electronically transmitted filings.
Page 1 | Rule Number 2.2 - Electronically Transmitted Filings
Filing Timing and Cure Windows
A counterclaim or cross-claim in small claims must be filed with the Small Claims Division and served on all other parties at least seven days before trial of the plaintiff’s original claim.
Any person who files a counterclaim or cross-claim shall file it with the Small Claims Division and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.
Page 1 | Rule Number 5.1 - Jurisdiction
An electronic filing received after 4 p.m. Eastern Time is file-stamped the next business day.
The electronically transmitted document's filing date is determined by court hours. Any filings sent electronically and received by the Court after 4 pm. Eastern Time will be file-stamped the next business day.
Page 1 | Rule Number 2.2 - Electronically Transmitted Filings
The Clerk may not issue a writ or alias writ of restitution more than 60 days after the restitution order unless the Presiding Judge authorizes it.
The Clerk shall not issue a writ of restitution or an alias writ of restitution after sixty (60) days from the date a Court ordered restitution of the premises, unless authorized by the Presiding Judge.
Page 1 | Rule Number 6.5 - Writs of Restitution
Each party must file complete proposed jury instructions and a trial brief seven full days before trial.
Each party shall file, seven full days in advance of trial, a complete set of instructions suitable for charging the jury. Parties shall file a trial brief seven full days in advance of trial.
Page 1 | Rule Number 4.6 - Jury Trials
A withdrawal request must be filed at least seven calendar days before the next hearing unless otherwise permitted.
Any request to withdraw must be in writing and be filed with the court at least seven calendar days before the next scheduled hearing, or as otherwise permitted
Page 1 | Rule Number 1.7 - Duties of Attorneys
A recording request must reach the assigned judge no later than 30 minutes before the session, unless the trial judge permits otherwise.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing and submitted to the assigned judge as far in advance as reasonably practical, but no later than one-half (1/2) hour before the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
Page 1 | Rule Number 1.5 - Broadcasting & Photographing Court Proceedings
After permission is granted, the applicant must file the notice and permission order with the Ohio Supreme Court’s Office of Attorney Services within 30 days.
If the judge or magistrate grants the applicant's motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within thirty (30) days.
Page 1 | Rule Number 1.7 - Duties of Attorneys
A required judgment or dismissal entry must be filed within 30 days.
The entry shall be filed within thirty (30) days.
Page 1 | Rule Number 2.10 - Judgment Entries
A jury demand in a forcible-entry-and-detainer case must follow Rule 4.6 and be made at least three days before trial.
A demand for jury trial shall be made in accordance with BMCR Number 4.6, except that it shall not be made fewer than three days prior to the trial date.
Page 1 | Rule Number 6.4 - Jury Trial in Forcible Entry and Detainer
Documents served after the original complaint must be filed within three days after service, except specified discovery materials, which are filed only by court order or for evidence or motion consideration.
All documents, after the original complaint, required to be served upon a party shall be filed with the court within three days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the court or for use as evidence or for consideration of a motion in the proceeding.
Page 1 | Rule Number 2.5 - Service
Any praecipe for subpoena or order designating a person to serve a subpoena should be filed with the Clerk no later than seven days before the date of trial. If a witness fails to appear at trial and the filing for such service was made fewer than seven days before trial, then such nonappearance shall not constitute grounds for a continuance.
Any praecipe for subpoena or order designating a person to serve a subpoena should be filed with the Clerk no later than seven days before the date of trial. If a witness fails to appear at trial and the filing for such service was made fewer than seven days before trial, then such nonappearance shall not constitute grounds for a continuance.
Page 1 | Rule Number 2.8 - Subpoenas for Witnesses
Service and Proof of Service Rules
Court notices, communications, and documents requiring service are sent to the designated trial attorney.
All notices and communications from the Court and all documents required to be served will be sent to the designated trial attorney.
Page 1 | Rule Number 1.7 - Duties of Attorneys
A small-claims counterclaim or cross-claim must be served on all other parties at least seven days before trial of the plaintiff’s original claim.
Any person who files a counterclaim or cross-claim shall file it with the Small Claims Division and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.
Page 1 | Rule Number 5.1 - Jurisdiction
The defendant in a forcible-entry-and-detainer case must be served at least seven days before trial.
Defendant shall be served at least seven days prior to the date set for trial.
Page 1 | Rule Number 6.2 - Trial in Forcible Entry and Detainer
Specified orders, subsequent pleadings, discovery papers, written motions, notices, and similar papers must be served on each party, subject to stated exceptions; new claims or damages against a defaulting party must be served like a summons.
Except as otherwise provided in these rules or the Ohio Rules of Criminal or Civil Procedure, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is not required on parties in default for failure to appear except that pleadings asserting new or additional claims for relief or for additional damages against them shall be served upon them in the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.
Page 1 | Rule Number 2.5 - Service
When an electronic ticket is issued at the scene, the issuing officer must give the defendant a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the citation.
Page 1 | Rule Number 2.3 - Electronically Produced Tickets
The Clerk must serve a magistrate’s decision on all parties or their attorneys no later than three days after the decision is filed.
A magistrate's decision shall be in writing, identified as a magistrate's decision in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys no later than three days after the decision is filed.
Page 1 | Rule Number 8.3 - Magistrates
Served documents must include a signed proof stating the service date and manner and identifying the applicable Civ.R. 5(B)(2) method; the Court will not consider a filed document without proof endorsed on it or separately filed.
The served document shall be accompanied by a completed proof of service which shall state the date and manner of service specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the Court shall not be considered until proof of service is endorsed thereon or separately filed.
Page 1 | Rule Number 2.5 - Service
The Clerk may serve process personally, at the party’s residence, by certified or express mail, or by commercial carrier.
As provided in Rule 4.1 of the Ohio Rules of Civil Procedure, Service of Process may be effectuated by the Clerk of Court by personal service, service to the residence of the party to be served, certified or express mail, or by commercial carrier.
Page 1 | Rule Number 2.5 - Service
Non-local counsel and self-represented parties receive notice by mail, and mail notice is sufficient notwithstanding contrary rules.
Non-local counsel and parties representing themselves shall be notified by mail. Notwithstanding provisions of any rule to the contrary, any mail notification provided shall be sufficient.
Page 1 | Rule Number 1.6 - Official Notice of Proceedings
Permitted service methods include hand delivery, delivery to an office or dwelling, mail or commercial carrier to the last known address, delivery to the Clerk when no address is known, and authorized fax or email.
As provided in Civ. R. 5(B)(2), service may be effectuated by handing it to a party or attorney, by delivering it to a party's office or dwelling, by mailing it or delivering it by commercial carrier to a last known address, by leaving it with the Clerk of Court if there is no last known address, or by sending it by facsimile or email address in a manner permitted by these rules and the Rules of Civil Procedure.
Page 1 | Rule Number 2.5 - Service
Filing Fees and Waivers
The Clerk may reject an electronically filed document requiring a fee if the filer has not followed the Court’s fee-payment mechanism.
Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees.
Page 1 | Rule Number 2.2 - Electronically Transmitted Filings
A civil jury demand must be written and filed with a $300 deposit, which the judge may waive upon finding the demanding party indigent.
To obtain a jury in a civil case, a written jury demand shall be filed with the Clerk, together with a jury deposit in the sum of $300. The $300 deposit may be waived upon determination by the judge that the party making the jury demand is indigent.
Page 1 | Rule Number 4.6 - Jury Trials
A civil action or proceeding generally requires a filing-fee deposit for acceptance, unless exempted by law or otherwise ordered by the Presiding Judge; the Court may amend the fees by order.
Unless exempted by law or otherwise ordered by the Presiding Judge, no civil action or proceeding shall be accepted for filing by the Clerk of Court without deposit of a filing fee. Such prescribed fees may be amended from time to time by order of the Court.
Page 1 | Rule Number 4.1 - Civil Court Costs
A counterclaim or cross-claim with certified-mail service by the clerk’s office costs $35.
Counter-claim and Cross-claim (Certified Mail Service by Clerk’s Office)$35
Civil cases
Page 1 | Complaint Cost Schedule
A Bureau of Motor Vehicle payment plan inside the court’s jurisdiction costs $50.
Bureau of Motor Vehicle Payment Plan -Inside the Court’s jurisdiction$50.00
Civil cases
Page 1 | Other Civil Costs
Certified-mail service on one defendant costs $99.
Certified Mail Service on one Defendant$99
Civil cases
Page 1 | Small Claims Complaint
An order to pay costs $2.
Order to Pay$2.00
Civil cases
Page 1 | Other Civil Costs
Certified mail for each additional defendant costs $15.
Certified mail for each additional Defendant$15
Civil cases
Page 1 | Complaint Cost Schedule
An execution costs $25.
Execution$25.00
Civil cases
Page 1 | Other Civil Costs
A writ of restitution costs $25.
Writ of Restitution$25.00
Civil cases
Page 1 | Other Civil Costs
Post-judgment wage garnishment for balances over $3,000 costs $130.
Post judgment garnishment of wages, Balances over $3000$130.00
Civil cases
Page 1 | Other Civil Costs
A dispositive motion costs $25.
Dispositive Motion$25.00
Civil cases
Page 1 | Other Civil Costs
A counterclaim with certified service by the clerk’s office costs $40.
Counter-claim (Certified Service by Clerk’s Office)$40
Civil cases
Page 1 | Small Claims Complaint
Third-party complaint$35
Third-party complaint$35
Civil cases
Page 1 | Small Claims Complaint
A third-party complaint in a complaint or eviction action costs $50.
Third-party complaint (Complaints and Evictions)$50
Civil cases
Page 1 | Third Party Complaint
Transferring a small-claims case to the regular docket costs $50.
Transfer of Small Claims to Regular Docket$50
Civil cases
Page 1 | Small Claims Complaint
The NSF fee is $50.
NSF Fee$50.00
Civil cases
Page 1 | Other Civil Costs
A warrant costs $75.
Warrant$75.00
Civil cases
Page 1 | Other Civil Costs
Certified and regular mail service for each defendant costs $15.
Certified and Regular Mail (each Defendant)$15
Civil cases
Page 1 | Third Party Complaint
A show-cause matter requiring personal service outside Summit County, including the extra sheriff fee, costs $30.
Show Cause (personal service only), Outside Summit County (extra Sheriff fee)$30.00
Civil cases
Page 1 | Other Civil Costs
An objection to the magistrate’s decision costs $40.
Objection to Magistrate's Decision$40
Civil cases
Page 1 | Small Claims Complaint
A transfer to Summit County Common Pleas Court costs $35.
Transfer to Summit County Common Pleas Court$35
Civil cases
Page 1 | Complaint Cost Schedule
A trusteeship covering the first ten creditors costs $15.
Trusteeship (first ten Creditors)$15.00
Civil cases
Page 1 | Other Civil Costs
Amended Complaint$35
Amended Complaint$35
Civil cases
Page 1 | Forcible Entry and Detainer Action (Evictions)
An amended complaint, including certified mail, costs $35.
Amended Complaint (includes Certified Mail)$35
Civil cases
Page 1 | Complaint Cost Schedule
Certified-mail service for one defendant for a second cause of action costs $15.
Second Cause of Action Certified Mail Service for One Defendant$15
Civil cases
Page 1 | Forcible Entry and Detainer Action (Evictions)
A writ of execution involving a mobile home costs $100.
Writ of Execution, Mobile Home$100.00
Civil cases
Page 1 | Other Civil Costs
Post-judgment wage garnishment for balances of $3,000 or less costs $60.
Post judgment garnishment of wages, Balances of $3000 and under$60.00
Civil cases
Page 1 | Other Civil Costs
Personal or residential service for a mandatory debtor’s examination outside Summit County costs $30.
Mandatory (Debtor’s Exam), Personal or Residential service, Outside Summit County$30.00
Civil cases
Page 1 | Other Civil Costs
Personal or residential service for each additional defendant on a debtor disclosure outside Summit County costs $30.
Debtor Disclosure, Personal or Residential Service, Outside Summit County (each Defendant, additional)$30.00
Civil cases
Page 1 | Other Civil Costs
A show-cause matter requiring personal service in Summit County costs $20.
Show Cause (personal service only), in Summit County$20.00
Civil cases
Page 1 | Other Civil Costs
Personal or residential service for each defendant costs $20.
Personal or Residential Service (each Defendant)$20
Civil cases
Page 1 | Complaint Cost Schedule
The eviction action fee, including a certificate of mailing and posting for two defendants, is $171.
Includes Certificate of Mailing and Posting for Two Defendants$171
Civil cases
Page 1 | Forcible Entry and Detainer Action (Evictions)
An amended complaint, including certified mail, costs $40.
Amended Complaint (includes Certified Mail)$40
Civil cases
Page 1 | Small Claims Complaint
Personal service for each defendant costs $20.
Personal Service (each Defendant)$20
Civil cases
Page 1 | Third Party Complaint
A 12-point license suspension appeal costs $50.
12-Point License Suspension Appeal$50.00
Civil cases
Page 1 | Other Civil Costs
Personal or residential service for a mandatory debtor’s examination inside Summit County costs $20.
Mandatory (Debtor’s Exam), Personal or Residential service, Inside Summit County$20.00
Civil cases
Page 1 | Other Civil Costs
A subpoena, including witness fees and service by a bailiff, costs $26.
Subpoena (including Witness Fees and Service by Bailiff)$26.00
Civil cases
Page 1 | Other Civil Costs
An alias summons sent by certified mail costs $15.
Alias summons (Certified Mail)$15
Civil cases
Page 1 | Complaint Cost Schedule
A non-compliance license suspension appeal outside the court’s jurisdiction costs $120.
Non-Compliance License Suspension Appeal, Outside Court’s jurisdiction$120.00
Civil cases
Page 1 | Other Civil Costs
A cognovit judgment costs $171.
Cognovit judgment$171.00
Civil cases
Page 1 | Other Civil Costs
A non-compliance license suspension appeal inside the court’s jurisdiction costs $50.
Non-Compliance License Suspension Appeal, Inside Court’s jurisdiction$50.00
Civil cases
Page 1 | Other Civil Costs
Certified-mail service for each additional defendant costs $15.
Each additional Defendant by Certified Mail$15
Civil cases
Page 1 | Small Claims Complaint
The Ninth District Court of Appeals fee is $175, paid by separate $50 and $125 checks to the specified courts.
9th District Court of Appeals: Check in the amount of $50 payable to Barberton Municipal Court and a $125 check payable to Ninth District Court of Appeals.$175
Civil cases
Page 1 | Complaint Cost Schedule
Regular-mail service for each defendant in a revivor costs $6.
Revivor, Regular mail service for each Defendant$6.00
Civil cases
Page 1 | Other Civil Costs
An exemplified copy of a judgment order costs $3.
Exemplified copy of judgment order$3.00
Civil cases
Page 1 | Other Civil Costs
A debtor disclosure served by certified mail in Summit County costs $25.
Debtor Disclosure, In Summit County (certified mail)$25.00
Civil cases
Page 1 | Other Civil Costs
An alias summons sent by certified mail for each defendant costs $15.
Alias Summons – Certified Mail (each Defendant)$15
Civil cases
Page 1 | Small Claims Complaint
An order of sale and appraisers costs $100.
Order of Sale and Appraisers$100.00
Civil cases
Page 1 | Other Civil Costs
A transfer to another court for improper venue costs $35.
Transfer for Improper Venue to another court$35.00
Civil cases
Page 1 | Other Civil Costs
Personal or residential service for each additional defendant on a debtor disclosure inside Summit County costs $20.
Debtor Disclosure, Personal or Residential Service, Inside Summit County (each Defendant, additional)$20.00
Civil cases
Page 1 | Other Civil Costs
A certified copy with a photocopy costs $1.
Certified copy with a photocopy$1.00
Civil cases
Page 1 | Other Civil Costs
A civil change of venue from another court costs $171.
Change of Venue from another court (Civil)$171.00
Civil cases
Page 1 | Other Civil Costs
An alias summons sent by regular mail costs $6.
Alias summons (Regular Mail)$6
Civil cases
Page 1 | Complaint Cost Schedule
Each creditor beyond the first ten in a trusteeship costs an additional $2.
Trusteeship (first ten Creditors), each additional Creditor$2.00
Civil cases
Page 1 | Other Civil Costs
A jury demand costs $300.
Jury demand$300.00
Civil cases
Page 1 | Other Civil Costs
The advance of the sheriff’s foreign service fee is $25.
Advance of Foreign Service Fee (Sheriff)$25.00
Civil cases
Page 1 | Other Civil Costs
Service through the Secretary of State, including registered mail, costs $50.
Secretary of State (includes registered mail)$50.00
Civil cases
Page 1 | Other Civil Costs
A bank attachment costs $21.
Bank attachment$21.00
Civil cases
Page 1 | Other Civil Costs
A Bureau of Motor Vehicle payment plan outside the court’s jurisdiction costs $120.
Bureau of Motor Vehicle Payment Plan -Outside the Court’s jurisdiction$120.00
Civil cases
Page 1 | Other Civil Costs
Replevin costs $171.
Replevin$171.00
Civil cases
Page 1 | Other Civil Costs
A revivor costs $30.
Revivor$30.00
Civil cases
Page 1 | Other Civil Costs
An alias summons sent by regular mail for each defendant costs $6.
Alias Summons – Regular Mail (each Defendant)$6
Civil cases
Page 1 | Small Claims Complaint
A wedding costs $40.
Wedding$40.00
Civil cases
Page 1 | Other Civil Costs
Certified-mail service for one or two defendants costs $171.
Certified mail service, one or two Defendants$171
Civil cases
Page 1 | Complaint Cost Schedule
A summons served by a process server costs $15.
Summons by Process Server$15
Civil cases
Page 1 | Complaint Cost Schedule
The tenant-landlord rent-in-escrow application entry states a 1% deduction at rental release and also says “no fee.”
Tenant-landlord application – rent in escrow, 1% of rent deposited, deducted at time of rental release, no fee
Civil cases
Page 1 | Other Civil Costs
Certified-mail service for each additional defendant in a revivor costs $15.
Revivor, Certified mail service for each additional Defendant$15.00
Civil cases
Page 1 | Other Civil Costs
A change of venue from another court for a small claim costs $99.
Change of Venue from another court (Small Claim)$99.00
Civil cases
Page 1 | Other Civil Costs
A certificate of judgment costs $10.
Certificate of judgment$10.00
Civil cases
Page 1 | Other Civil Costs
A transfer of judgment from another court costs $40.
Transfer of Judgment from another court$40.00
Civil cases
Page 1 | Other Civil Costs
A photocopy costs $0.10.
Photo copy$0.10
Civil cases
Page 1 | Other Civil Costs
Certified mail for a mandatory debtor’s examination costs $25.
Mandatory (Debtor’s Exam), Certified mail$25.00
Civil cases
Page 1 | Other Civil Costs
There is no charge for a satisfaction of judgment.
No charge for Satisfaction of Judgment
Civil cases
Page 1 | Other Civil Costs
The breakdown lists legal news costs of $12.50.
Legal News$12.50
Civil cases
Page 1 | Breakdown of Costs
There is no charge for a dismissal.
No charge for Dismissal
Civil cases
Page 1 | Other Civil Costs
The breakdown lists local costs of $89.50.
Local Costs$89.50
Civil cases
Page 1 | Breakdown of Costs
The small-claims breakdown lists local costs of $45.
Local Costs$45.00
Civil cases
Page 1 | Breakdown of Costs - Small Claims
The listed breakdown of costs totals $171.
Total $171.00
Civil cases
Page 1 | Breakdown of Costs
The breakdown lists legal aid costs of $26.
Legal Aid$26.00
Civil cases
Page 1 | Breakdown of Costs
The small-claims breakdown lists legal aid costs of $11.
Legal Aid$11.00
Civil cases
Page 1 | Breakdown of Costs - Small Claims
The listed small-claims breakdown totals $99.
Total$99.00
Civil cases
Page 1 | Breakdown of Costs - Small Claims
The breakdown lists legal research costs of $3.
Legal Research$3.00
Civil cases
Page 1 | Breakdown of Costs
The breakdown lists special projects and building costs of $20.
Special Projects, Building$20.00
Civil cases
Page 1 | Breakdown of Costs
The breakdown lists computer improvement costs of $20.
Computer Improvement$20.00
Civil cases
Page 1 | Breakdown of Costs
Pre-Motion Conference Requirements
Motions during a hearing or trial may be oral or written; all other motions must be written, timely filed, and served on appropriate parties unless the judge waives the requirement.
Motions made during a hearing or trial may be made orally or in writing to the judge or magistrate assigned to the case. All other motions shall be made in writing and timely filed and served on all appropriate parties, unless waived by the judge.
Page 1 | Rule Number 2.6 - Motion Practice
Parties have 14 calendar days to respond to a motion, but the Court may extend motion filing and response time unless statute or procedural rules prohibit it.
Parties shall have fourteen (14) calendar days to respond to a motion. The Court in its discretion, may extend the time for filing and answering motions, unless prohibited by statute or the civil and criminal rules.
Page 1 | Rule Number 2.6 - Motion Practice
A motion hearing occurs only if the Court orders one; a party who wants a hearing should request it, and the Court notifies parties of the hearing’s date and time when set.
Motions will not be set for hearing except as the Court, in its discretion, orders. A party desiring a hearing should request the same. When a motion is set for hearing, the Court shall notify the parties to the action of the date and time of the hearing.
Page 1 | Rule Number 2.6 - Motion Practice
Adjournment & Extension Requirements
The judge must set a new trial or hearing date before granting a continuance.
No judge shall grant a continuance to any party at any time without first setting a new date for the trial or hearing.
Page 1 | Rule Number 4.8 - Civil Continuances
A continuance request must be written, state its reason, include a certificate of service, follow discussion with opposing counsel or parties, and include entries with blanks for the new trial or hearing date and time.
No party shall be granted a continuance of a trial or hearing without first submitting a written request to the assigned judge stating the reason for such request. The request must contain a certificate of service to opposing counsel or party. The requesting party is required to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state the reason for the continuance. Entries shall accompany the request with blanks for the new time and date of the trial or hearing.
Page 1 | Rule Number 4.8 - Civil Continuances
A small-claims continuance follows Rule 4.8(D), except the applicable number of days is three.
A continuance may be granted as provided in BMCR Number 4.8(D), except the number of days in BMCR Number 4.8(D) shall be three days.
Page 1 | Rule Number 5.4 - Small Claims Trials
A continuance motion filed within seven calendar days before trial may be denied unless exigent circumstances are shown.
Motions for continuances filed within seven calendar days before trial may be denied except upon a showing of exigent circumstances.
Page 1 | Rule Number 4.8 - Civil Continuances
A judge may grant one additional leave of up to 21 days on a written request giving notice to other parties and stating the reason and details of prior leave; the judge may waive a requirement for good cause.
One additional leave to move or plead may be obtained at the discretion of the judge. The request for such leave shall be made in writing, with notice to other parties, stating the reason for requesting such leave and setting forth the particulars of the prior leave. Such additional leave shall not exceed twenty-one (21) days. A judge, for good cause, may waive any requirement in this paragraph.
Page 1 | Rule Number 4.3 - Civil Leaves to Move or Plead
A stipulated continuance is not granted automatically.
Stipulated continuances shall not be granted as a matter of course.
Page 1 | Rule Number 4.8 - Civil Continuances
When counsel has conflicting trial settings, the case first set has priority, and criminal trials take priority over civil trials; other trial-continuance requests are discretionary.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance of a scheduled trial is within the discretion of the Court.
Page 1 | Rule Number 4.8 - Civil Continuances
In a civil case, a party may obtain one automatic leave to move or plead by certification to the Clerk or motion and order stating no prior leave was taken; the leave may not exceed 21 days.
In all civil cases a party may obtain one automatic leave to move or plead by certification to the Clerk or by motion and order, stating that no previous leaves have been taken by that party in that case. Such leave may not exceed twenty-one (21) days.
Page 1 | Rule Number 4.3 - Civil Leaves to Move or Plead
A defendant may request a seven-day arraignment continuance by phone; a second reasonable continuance may be requested by written motion or by appearing in court at arraignment.
The Defendant may request by phone a continuance of arraignment of seven days. The Defendant may request a second reasonable continuance of arraignment by filing a written motion or the defendant may appear in court at arraignment to request a continuance.
Page 1 | Rule Number 3.4 - Arraignment
A party cannot obtain a continuance based on trial counsel’s lack of preparation if counsel failed to attend the pretrial conference.
No continuance will be granted on the grounds that the trial attorney is not prepared to go forward if he has failed to attend a pretrial conference.
Page 1 | Rule Number 4.8 - Civil Continuances
Chambers Communication Rules
A self-represented party may not communicate ex parte with a judicial officer or other official about the merits during a proceeding unless law or court order authorizes it.
A party appearing pro se shall not communicate ex parte with either of the following:a judicial officer or other official as to the merits of the case during the proceeding unless authorized to do so by law or court order;
Page 1 | Rule Number 1.8 - Duties of Parties Appearing Pro SE
Attorneys must immediately notify the Court when a civil case set for trial settles.
If a civil case set for trial is settled, the attorneys assigned to that case shall immediately notify the Court.
Page 1 | Rule Number 4.7 - Civil Trial Date Assigned
Emergency orders and orders as of right, including continuance requests, must go to the assigned judge; if unavailable, the Presiding Judge may decide them when failure to consider them would cause undue prejudice.
Emergency orders and orders as of right, including requests for continuance, shall be submitted to the judge to whom the case is assigned. If the assigned judge is unavailable, the matter may be submitted to and determined by the Presiding Judge, if in the opinion of the Presiding Judge undue prejudice would be caused by not considering the matter.
Page 1 | Rule Number 8.6 - Cases That Have Been Assigned