Bellevue Municipal Court, Ohio

The Clerk accepts criminal documents by fax on the condition that the original is filed within three business days of the fax’s receipt and is timely filed.

In criminal cases the Clerk of Court will accept for filing documents by facsimile transmission, provided however, that the original of that document is filed with the Court within three (3) business days when received by the Clerk of Court by facsimile transmission on condition that the original of that document is timely filed.

Page 7 | Rule 14 - Filing by Facsimile Transmission, (B) Criminal Cases

Civil pleadings, motions, and other documents may be filed by fax without prior permission, except specified pleadings; fax filings must use the court’s fax machine or another court-ordered machine, and indirect transmissions may not be accepted absent a court order.

Pursuant to Civil rule 5 (B) & (E), all pleadings, motions and other documents other than the original complaint, third party complaint or any other pleading that joins or adds a new party, may be transmitted to the Court by facsimile transmission. Prior pe1mission of the Court, Clerk or opposing party is not required to file a document by facsimile transmission. All such documents, filed with the Comi by facsimile transmission must be done directly through the Bellevue Municipal Court's facsimile machine at 4 1 9-484-8060, or some other telephone number and facsimile machine specifically ordered by the Court. Documents indirectly transmitted through some other facsimile machine and indirectly presented to the Clerk of Court may not be accepted in lieu of the original, unless specifically ordered by the Court.

Page 7 | Rule 14 - Filing by Facsimile Transmission, (A) Civil Cases

Effective January 1, 2023, all court-ordered registration blocks must be submitted to or removed from the BMV electronically.

Effective January 1, 2023, the Ohio Bureau of Motor Vehicles (BMV) requires the electronic submission/removal of all Court Ordered Registration Blocks.

Page 13 | Local Rule 32 - Requirement to Electronically Submit/Remove Court Ordered Registration Blocks to BMV Registrar

The court uses the Supreme Court FTP file to transfer registration-block information to or from the BMV system, and must send gathered statistics to the BMV in compliance with R.C. 2947.09.

The type of Statistical Reporting uti)ized by The Bellevue Municipal Court is the Supreme Court's File Transfer Protocol (FTP) file, that is an automated process which allows the Court to transfer a file and add/remove a registration b lock to the BMV system programmatically. Statistics gathered from the Supreme Court FTP file shall be sent to the BMV in compliance with Ohio Revised Code (R.C) 2947.09.

Page 14 | Local Rule 32.01 - Implementation- Form of electronic report

The Bellevue Municipal Court may use and file electronically submitted Supreme Court Administrative and Individual Judge Statistical Reports.

The use and filing of electronically submitted Supreme Comt Administrative and Individual Judge Statistical Reports, which are produced by computer, or other electronic means, is hereby authorized in the Bellevue Municipal Court.

Page 13 | Local Rule 30 - Submission of Supreme Court Administrative and Individual Judge Statistical Reports

Computer- or electronically produced tickets may be used and filed in the Bellevue Municipal Court.

The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in The Bellevue Municipal Court.

Page 13 | Local Rule 29.01 - Use of Electronically Produced Ticket

If the adverse party also files a summary-judgment motion, the hearing date is extended to 30 days from service of the later motion on the opposing party.

In the event the adverse paiiy also files a Motion for Summary Judgment, the hearing date shall be extended to thitty (30) days from the service upon the opposing party o f the latter Motion.

Page 4 | Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

Unless otherwise ordered, a summary-judgment motion is heard on authorized briefs and materials without oral argument 30 days after service, and the adverse party may serve and file opposing affidavits before the hearing.

(H) Summary Judgment. Unless otherwise ordered by the Com1, Motions for Summary Judgment shall be heard on briefs and other materials authorized by Civil Rule 56 (C) without oral arguments thhiy (30) day after service of the Motion upon the opposing party. The adverse party prior to the day of the hearing may serve and file opposing patty affidavits.

Page 4 | Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

In civil jury cases, each party’s attorney must furnish the Court a brief of the issues and law expected to be presented to the jury at least five days before trial.

In all civil jury cases, attorneys for all parties to the action shall, at least five (5) days before date of trial, furnish to the Court a brief of the issues and the l aw they expect the Judge to present to and charge the jury.

Page 5 | Rule 10 - Trial Briefs

Criminal motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

Motions must be filed within the time l imits established by the Ohio Rules of Criminal Procedure.

Page 5 | Rule 12(A)(2) - Traffic and Criminal Cases

When ordered, each party must deliver its trial brief to the Court and other counsel at least one weekday before trial, unless the Court orders otherwise.

When a trial brief is required by order of Court, counsel for each party shall deliver a copy to the Court and all other counsel at least one ( I ) weekday prior to commencement of trial unless otherwise ordered by Court.

Page 5 | Rule 10 - Trial Briefs

Upon perfection of service, the Clerk of Court shall notify counsel of the default and that a failure to submit a motion for default within thirty (30) days may result in the case being dismissed.

Upon perfection of service, the Clerk of Court shall notify counsel of the default and that a failure to submit a motion for default within thirty (30) days may result in the case being dismissed.

Page 5 | Rule 12(B)(2) - General Civil Case

For a case held for settlement entry, if the judgment entry is not received within twenty days, the party will be notified that the case will be dismissed unless the entry is received within ten more days.

When a file has been marked to be held for settlement entry and the judgment entry has not been received within twenty (20) days, the Clerk of Court shall notify the party that his or her case will be dismissed unless the entry is received within ten ( 1 0) d ays.

Page 6 | Rule 12(B)(5) - General Civil Case

A civil document filed by fax is deemed filed when received by the Clerk and has the same force and effect as the original.

A pleading, motion, or other document filed with the Court by facsimile transmission shall be deemed filed when received by the Clerk of Court and will have the same force and effect as the original of the document being transmitted.

Page 7 | Rule 14 - Filing by Facsimile Transmission, (A) Civil Cases

In criminal cases the Clerk of Court will accept for filing documents by facsimile transmission, provided however, that the original of that document is filed with the Court within three (3) business days when received by the Clerk of Court by facsimile transmission on condition that the original of that document is timely filed.

In criminal cases the Clerk of Court will accept for filing documents by facsimile transmission, provided however, that the original of that document is filed with the Court within three (3) business days when received by the Clerk of Court by facsimile transmission on condition that the original of that document is timely filed.

Page 7 | Rule 14 - Filing by Facsimile Transmission, (B) Criminal Cases

After a case is set for a proceeding requiring personal appearance, a dismissal request based on settlement or another reason must be submitted in writing within twenty days of the scheduled appearance, following prompt telephone notice to the Clerk.

After a case has been set for pre-trial, trial or other proceedings requiring personal appearance, a request for dismissal by the plaintiff or by agreement of the parties due to settlement or some other reason shall be submitted in wtiting to the Court within twenty (20) d ays of the scheduled court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.

Page 8 | Rule 17 - Settlements - Notification to Court

Documents must reach the Clerk during regular office hours; documents received after 4:30 PM Monday through Friday are deemed received or filed the next business day, with the Court’s fax-machine notation controlling the cutoff unless otherwise ordered.

All documents which are submitted to the Cou1t must be received by the Clerk of Court during the regular office hours of the Clerk of Court (Local Rule I ). Any document received after 4:30 PM Monday through Friday, shall be deemed received and/or filed of the next business day. For the purpose of this Local Rule, 4:30 PM. Shall be determined by the notation on the Court's facsimile machine unless otherwise ordered by the Court.

Page 8 | Rule 14 - Filing by Facsimile Transmission, (E)

The court was required to commence using and filing the electronic statistical reports on or before February 15, 2016.

The Bellevue Municipal Court shall commence the use and filing of electronically submitted Supreme Court Administrative and Individual Judge Statistical Reports on or before February 1 5, 20 1 6, Pursuant to Superintendence Rule 37(B).

Page 13 | Local Rule 30 - Effective Date

If a case not set for trial has had no action for six months, the Clerk will notify the party that it will be dismissed within seven days unless good cause is shown.

If no action has been taken on a file for a six ( 6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within seven (7) days unless good cause is shown.

Page 6 | Rule 12(B)(4) - General Civil Case

When directed by the Court, counsel for the party in whose favor an entry is entered must prepare and submit a journal entry within ten days; opposing counsel must approve or reject it within five days of receipt and may file written objections.

When ordered or directed by the Comt, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten ( 1 0) days unless the time is extended by the Court, prepare a proper journal entry and submit it to opposing counsel who shall approve or reject it within five (5) days after its receipt and may file objections in writing with the Court.

Page 8 | Rule 15 - Judgment entries to be furnished, (A)

Proposed findings must be submitted to the Court with any written objections and counterproposals within ten days after opposing counsel receives them; only the Court’s findings become part of the record.

Within ten ( 1 0) days after receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and counter proposals, if any, in writing; -however, only those findings of fact and conclusions of law made by the Court shall form part of the record.

Page 8 | Rule 15 - Judgment entries to be furnished, (B)

After a written request for findings, the Judge may direct the requesting party to prepare and submit proposed findings and conclusions to opposing counsel within ten days.

When a request for findings of fact and conclusions of law is m ade, the Judge may d irect the party making the written request to prepare, within ten (1 0) days, proposed findings of fact and conclusions of law and submit them to the opposing counsel.

Page 8 | Rule 15 - Judgment entries to be furnished, (B)

A party may move within ten days after findings are filed for the Court to amend or add findings and amend the judgment.

Upon motion of a party made within ten ( 1 0) days after the filing of the findings, the Court may amend the findings, make additional findings and may amend the judgment accordingly.

Page 8 | Rule 15 - Judgment entries to be furnished, (B)(1)

When default judgment is available, the plaintiff’s failure to demand it within thirty days after notice of the defendant’s default constitutes cause for dismissal for want of prosecution.

In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure, thereafter, of such party to make demand for j udgment by default under Rule 55 (A) of Ohio Rules of Civil Procedure within thirty (30) days from the time that plaintiff has notice of defendant's default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.

Page 8 | Rule 16 - Defaults - Dismissal By Court, (A)

After counsel appears, filed documents, court orders, and motions must be served on designated counsel or the party's representative.

(A) Upon the entry appearance of counsel, all documents filed with Court and all Court orders and motions shall be served upon the designated counsel or patty's representative.

Page 3 | Rule 5- A ppea ra n ce and Withdrawa l of Counsel

All documents must be served on the prosecutor or opposing party under the applicable civil or criminal rule, and the filed document must show proof of service or it may be stricken.

Notwithstanding the exceptions to formalities of documents filed with the Clerk of Court, all documents must be served on the p ro secutor or opposing party in accordance with Civil Rule, and Criminal Rule. Failure to show proof of service on the document filed shall be grounds for striking the document from the Court's record.

Page 3 | Rule 4- Pleadings and Motions

Copies of a motion for advancement of proceedings must be served on opposing parties or counsel.

Motions for advancement of proceedings shall be submitted to the Court in writing and copies of the same shall be served upon opposing parties or counsel.

Page 5 | Rule 11 - Assignment of Civil Cases

Trial briefs and proposed jury instructions must be exchanged with opposing counsel when filed.

All trial briefs and proposed jury instructions are required to be exchanged with opposing counsel at the time of filing.

Page 5 | Rule 10 - Trial Briefs

Notice of a proceeding requiring personal appearance must be sent to the parties or counsel at least ten days before the appearance, by mail, fax, or another provided method.

Notice of any proceeding requiring personal appearance of parties or counsel except as noted herein, shall be mailed, communicated by facsimile transmittal or as otherwise provided to the parties or counsel not less than ten ( 1 0) days prior to the date of the appearance.

Page 5 | Rule 11 - Assignment of Civil Cases

Summons must be served under the Ohio Rules of Civil Procedure; counsel must obtain service within six months of filing or face notice of dismissal in ten days unless good cause is shown.

The summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify counsel immediately. If counsel fails to obtain service of summons with in s ix ( 6) months fro m the date the case has been filed, then the Clerk of Court shall notify counsel that the case will be dismissed in ten ( 1 0) days unless good cause is shown to the contrary.

Page 5 | Rule 12(B)(1) - General Civil Case

The plaintiff must make a good-faith attempt to serve the defendant at the defendant’s last known address, even if the defendant complied with the address requirement.

Notwithstanding the defendant's compliance w ith this rule, the plaintiff is required to make a good faith attempt t o serve the defendant as h is or he r last known address.

Page 6 | Rule 12(C)(3) - Forcible Entry & Detainer Proceedings

The assignment commissioner must notify counsel of record of a pretrial conference by mail, fax, or telephone at least ten days before the conference.

Notice of pretrial conference shall be given to all counsel on record by mail, facsimile transmission, or by telephone from the assignment commissioner not less than ten ( 1 0) d ays prior to the conference.

Page 6 | Rule 12(B)(8) - Pre-Trial Conferences

Service of a statutory demand personally or by leaving it at the debtor’s usual residence must be proved by the server’s affidavit.

Where the statutory demand is served personally, or by leaving it at the debtor's usual place of residence, proof of such service shall be made by the affidavit of the person serving same.

Page 9 | Rule 21 - Statutory Demands

For a statutory demand sent or attempted by registered or certified mail, the sender’s affidavit must include the signed receipt, proof of refusal, a photocopy of either, or the certified-mail envelope marked “unclaimed.”

When such demand is served, or attempted to be served, by registered or ce1tified mail, proofof such service shall be made by the affidavit of the person sending the demand by registered or certified mail and shall be accompanied by the signed registered or certified mail receipt, or proof of refusal of service, or by a photocopy thereof; or the ce1iified mail envelope endorsed "unclaimed".

Page 9 | Rule 21 - Statutory Demands

Law firms must send the defendant and employer a current-balance notification before the case is paid in full.

In many instances, attorneys are sending a current balance due, several Months after the final answer has been fi led; therefore, it is this court's ruling that all l aw firms are to send current balance notification to the defendant and the employer Before the case is paid in full.

Page 9 | Court Rule 22A

When an electronically produced ticket is issued at the scene, the issuing officer must serve the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant's paper copy of the ticket as required by Rule 3 (E) of the Ohio Traffic Rules.

Page 13 | Local Rule 29.01 - Use of Electronically Produced Ticket

A trial brief may be delivered by ordinary mail, with proof of service appended to each brief.

Delivery may be made by ordinary mail with a proof of service appended to each brief.

Page 5 | Rule 10 - Trial Briefs

Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date, and the summons must be delivered by ordinary mail.

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned. Further, all prospective jurors shall be required complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral. The summons shall be phrased so as to b e readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail.

Page 11 | Rule 27(B) - Procedure for Jury Selection

The filing fee in the court's cost schedule must be deposited before an action or proceeding is accepted, unless the Clerk investigates and confirms a representation of indigency, in which case the security for costs is waived.

No action or proceeding shall be accepted for filing by the Clerk of this Comi unless there first be deposited the filing fee required by this court in its schedule of costs, except that upon representation of indigency, the Clerk of this court shall investigate the accuracy of such representation and upon finding that such indigency does exist, the security for cost shall be waived.

Page 4 | Rule 6- Security of Costs

The fax filer bears transmission costs, owes any applicable filing fee within five days of receipt, and may have the document struck for failure to pay; there is no separate fax-filing charge.

The party filing a document by facsimile transmission shall be responsible for all costs of the transmission. There is no separate charge for filing a document by facsimile transmission. The party is still responsible, however, for all filing fees associated with the filing of the document. The filing fee is required to be paid within five (5) days of the receipt of the document filed by facsimile transmission. Failure to timely pay the filing fees may result in the Clerk's striking the document from the record.

Page 7 | Rule 14 - Filing by Facsimile Transmission, (C) Cost

A small claim is transferred to the regular docket only after the required motion and affidavit are filed and the required costs are paid.

Upon filing of motion and affidavit, as required by Ohio Revised Section 1 925. 1 0, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

Page 7 | Small Claims Cases

All court costs must be paid before the Clerk enters a satisfaction of judgment.

(A) No satisfaction ofjudgment shall be entered by the Clerk of Court unless and until all court costs have been paid.

Page 9 | Rule 19 - Satisfactions - Payments of Costs

An alias order is allowed only after service of the writ has failed and an additional deposit is made with the Clerk.

No alias order shall be allowed unless there has been failure of service on the writ after an additional deposit is made with the Clerk.

Page 9 | Rule 22 - Proceedings in aid of Execution

The required schedule-of-fees deposit must be paid to the Clerk when the affidavit is filed.

The deposit required by the Comt schedule of fees and deposits, shall be made with the Clerk at the time of the filing of the affidavit.

Page 9 | Rule 22 - Proceedings in aid of Execution

The statutory fee for each garnishee must accompany the affidavit.

The garnishee fee as required by statute per garnishee shall accompany the affidavit.

Page 9 | Rule 22 - Proceedings in aid of Execution

A deposit set by the Court's cost schedule is due when a civil jury demand is filed unless otherwise ordered; failure to pay waives jury trial, an indigent person may petition for a waiver, and criminal cases require no deposit.

For j ury trials in civil cases, a deposit, as set out in the Court's cost schedule, shall be made at the time the jury demand is filed with the Court, unless otherwise ordered by the Court The failure to make the deposit as required by court order or Rules of Court shall be deemed a waiver of the right to a trial by jury. A person to be indigent may petition the Court for a waiver of the jury deposit requirement. In criminal cases, no deposit shall be required.

Page 11 | Rule 27(C) - Summoning Prospective Jurors

Deposits and advance fee or cost payments may be returned only by court order and only if paid by the party against whom the court assessed them.

Deposits and advance payments of fees and costs shall be returned only by order of court and only when the same have been paid by the party against whom they are assessed by the court.

Page 4 | Rule 6- Security of Costs

The Clerk may refuse to accept a new action or proceeding from a party with unpaid costs until those costs are paid, unless the Court orders otherwise.

When a judgment for costs appears against a party unsatisfied, the Clerk may refuse to accept for filing any new action or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.

Page 9 | Rule 20 - Unpaid Costs - New Cases not to be filed

Failure to file the materials required by subdivision (D) does not void the proceeding, but the resulting cost is assessed against the party who failed to comply.

Failure to comply with the requirements of subdivision (D) hereof shall not render the proceeding void; but shall affect the taxing of the cost only. Said cost shall be assessed the party fail ing to comply with this Rule.

Page 9 | Rule 21 - Statutory Demands

The fee for a post-judgment wage-garnishment update is $100 when the judgment balance is $3,000 or less.

Post-Judgment garnishment of wages up-date on fees: Balance due on judgment of $3 ,000.00 or l ess: $ 1 00.00 Balance due on judgment greater than $3,000.00 $ 1 60.00 These costs were revised, effective as of February 1, 20 12.

Page 9 | Court Rule 22B

When the bailiff must perform services connected with property, a deposit sufficient to cover the probable charge is required in each case.

In cases where it becomes necessary for the bailiff to perform services in connection with property, the bailiff shall require a deposit sufficient to secure the probable charge in each case.

Page 10 | Rule 23 - Fees for additional services

A reasonable Court-approved charge may be taxed as costs, and property seized under a writ or Court process need not be released until the charge is approved and paid.

Any reasonable charge when approved by the Court shall be taxed as part of the costs of the action and any property seized under any writ or process of the Court need not to be released until said charges are approved and paid.

Page 10 | Rule 23 - Fees for additional services

The revised court-cost schedule applies to proceedings filed on or after November 6, 2023.

it is the rule of this Court and hereby ORDERED that the revised schedule of costs be effective November 6, 2023. Costs will herein be effective for all proceedings filed on or after November 6, 2023 .

Page 15 | Local Rule - 37 Fixing of Court Costs/Traffic and Criminal

Law enforcement reports in covered criminal and traffic cases with victims must be sealed upon filing and kept from public access.

All Law Enforcement Reports filed in criminal and traffic cases wherein one or more victims exist and R.C. 2930.0 1 . et seg. applies to the case shall be sealed and not available for public access. 2} Procedures are in place to ensure that Law Enforcement Reports are sealed upon filing and kept out of the case file that is available for public inspection. 3) The Clerk of thi s Court shall seal and restrict public access to any and all Law Enforcement Records filed in this Court pursuant to this Order, effective I 0/1 9/23 .

Page 15 | Local Rule 38.01 Policy For Restricting Public Access to Law Enforcement Reports Filed with The Court

The opposition must be served and filed within 14 days thereafter; reply or additional briefs may be filed only with leave of the Court upon a showing of necessity.

(B) The moving party shall serve and file with his or her motion a brief written statement of reasons in support of the motion and a l ist of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing in the record, he or she shall also serve and file copies of all affidavits, depositions, photographs or other documentary evidence which he or she desires to submit in opposition to the motion. ( C) Each party opposing the motion shall serve and file within fourteen ( 1 4) days thereafter a brief written statement of reasons in opposition to the motion and a list of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits, depositions, photographs, or other documentary evidence which he or she desires to submit in opposition to the motion. (D) Reply or additional briefs upon motions and submissions may be filed with leave of the Court only upon a showing of necessity therefore.

Page 4 | Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

Before the Court considers an opposed discovery procedure under Rules 26 through 37 of the Civil Rules, the requesting party must personally consult and sincerely attempt to resolve the dispute, then advise the Court in writing of the remaining disputes and conference details; requesting counsel must initiate the consultation.

To cmtail undue delay in the administration of justice, no discovery procedure filed under Rule 26 through 37 of the Rules of Civil Procedure to which objection or opposition is made by the responding patty shal l be taken under consideration by the Court, unless the paiiy seeking discovery shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences they are unable to reach an accord. This statement shall recite those matters which remain in dispute, and in addition, the date, time and p lace of such conference, and the names of al l parties participating therein. It shall be the responsibility of counsel for the party seeking d iscovery to initiate such personal consultation.

Page 4 | Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

Motions are generally decided on the designated papers; oral argument is permitted only upon written application and a proper showing to the Court.

(A) Motions, in general, shall be submitted and determined upon the motion papers hereinafter designated. Oral arguments of motions will be permitted only on written application and proper showing to the Court.

Page 4 | Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

Opposing counsel must respond in writing within fourteen days after service; motions are considered submitted at the end of that period unless the Court extends the time.

Opposing counsel shall respond inwriting within fom1een ( 1 4) days of service of the motion. All motions will be considered submitted at the end of the said fourteen ( 1 4) day period unless time is extended by the Court, in accordance with Local Rule 8 .

Page 6 | Rule 12(B)(7) - General Civil Case

An attorney’s unjustified failure to appear for a criminal pretrial may result in contempt, and a defendant’s failure to appear may result in a capias.

Any attorney who fails to appear for pretrial without just cause being shown may be subject to contempt of Court. Failure of the defendant to appear for pretrial conference may result in the issuance of a capias for the defendant's arrest.

Page 5 | Rule 12(A)(1) - Traffic and Criminal Cases

Criminal motions are set for oral hearing unless the Court orders otherwise.

All motions shall be set for oral hearing, unless otherwise ordered by the Court.

Page 5 | Rule 12(A)(2) - Traffic and Criminal Cases

Counsel is encouraged to participate in pretrial discovery conferences to reduce unnecessary discovery filings.

(E) Counsel is encouraged to paiticipate in pretrial d iscovery conferences to reduce, in every way possible, the filing of unnecessary discovery procedures.

Page 4 | Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

Further leave to move or plead requires court approval, notice to the opposing party or counsel, and good cause; opposing-party consent alone is not good cause.

Any leave to more or plead thereafter may be h ad only with the approval of the Court, with notice to opposing party or counsel, and for good cause shown. Consent of opposing pa1ty or counsel shall not, in and of itself, constitute good cause.

Page 4 | Rule 7- Leave to Move or Plead

An application for an extension must be filed at least one day before the due date, whether or not opposing counsel consents.

Applications for extensions of time, regardless of consent of opposing counsel, must be filed at least one ( I ) day prior to the due date.

Page 4 | Rule 7- Leave to Move or Plead

Except in forcible-entry-and-detainer or replevin actions, a party unprepared to move or plead on answer day may apply for one extension without notice, for no more than 30 days.

Except in actions for forcible entry and detainer or in replevin, when a pa1ty in any case is not prepared to move or plead on the answer day one extension of t ime may be had upon application to the Court and without notice for a period not exceeding thirty (30) days.

Page 4 | Rule 7- Leave to Move or Plead

A continuance in a replevin action requires both a Court order and a written stipulation of all parties.

No continuance will be granted unless by o rder of Court and written stipulation of all parties.

Page 5 | Rule 11 - Assignment of Civil Cases

A party seeking a continuance of a trial or hearing must submit a written motion stating the reason.

No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.

Page 6 | Rule 12(B)(10) - Continuances

A continuance requires a written motion and good cause, ordinarily presented at least two days before the hearing; an unforeseen emergency may waive that timing requirement, and a motion filed within two days requires prior discussion with opposing counsel or parties and a specific explanation for the late filing.

No case assigned for trial or hearing may be continued except on written motion and for good cause shown. Such motion shall be presented to the Judge not less than two (2) days prior to the date of trial or hearing, except that in the case of unforeseen emergency, this time requirement may be waived. In the event the motion is filed within two (2) days of the trial or hearing, the moving party is requ ired to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state specifically why the motion could not have been filed prior to the two (2) daytime l imit set out herein.

Page 7 | Rule 13 - Continuance for Trial or Hearing

Counsel's consent may be filed as a journal entry and constitutes evidence of good cause.

Consent o f counsel may be filed as a Journal Entry in the case and shall be evidence of "good cause shown."

Page 4 | Rule 7- Leave to Move or Plead

The Clerk may receive by letter requests concerning continuances, reinstatement of driving privileges, and similar proceedings in traffic and criminal cases.

The Clerk may also receive requests by letter in traffic and criminal cases regarding continuance, reinstatement of driving privileges, and other similar proceedings.

Page 3 | Rule 4- Pleadings and Motions

Attorneys must notify the Court by 1:00 PM on the day before trial of any change in plea; otherwise, jury cost will be assessed to the case.

All attorneys shall notify the Com1 by 1 :00 PM of the day preceding their trial of any change in plea or jury cost will be assessed to their case.

Page 5 | Rule 12(A)(3) - Traffic and Criminal Cases

After a case has been set for pre-trial, trial or other proceedings requiring personal appearance, a request for dismissal by the plaintiff or by agreement of the parties due to settlement or some other reason shall be submitted in wtiting to the Court within twenty (20) d ays of the scheduled court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.

After a case has been set for pre-trial, trial or other proceedings requiring personal appearance, a request for dismissal by the plaintiff or by agreement of the parties due to settlement or some other reason shall be submitted in wtiting to the Court within twenty (20) d ays of the scheduled court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.

Page 8 | Rule 17 - Settlements - Notification to Court

The court office may be contacted by phone with questions or concerns.

Please feel free to contact our office at (920) 593--1697.

Civil cases

Page 1 | Municipal Court