Bryan Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- Once a hearing is set, continuance motions must be received in writing and should be filed at least five days beforehand unless the Court approves otherwise.
- A party seeking to continue a trial, pre-trial, or hearing must submit a written motion stating the reason.
- Granting other continuance requests for scheduled trials, hearings, or pre-trials is within the Trial Court’s discretion.
- If the written continuance request was not received before the scheduled court date, the request must be made on the record that date.
- +7 more
Request must include
Page & Word Limits1 rule
Facsimile filings shall not exceed fifteen (15) pages in length.
- Facsimile filing
- Up to 15 pages
Document Format Requirements7 rules
(C) Form Size: All papers filed with the Clerk shall be on 8 %" x 11" paper, with the exception of exhibits. All filings shall have a top margin of at least one and one-half inches (1 %").
- Margins
- Top 1.5 inches
- Paper size
- Letter
Formatting
- •Exhibits are excepted from the paper-size requirement
Documents submitted must be in a digitized format specified by the filing service.
Requests for permission for the broadcasting, televising, recording, or taking of photographs in the courtroom shall be in writing
- Broadcasting permission request
Formatting
- •The request must be in writing
All requests for any writ to be issued must be made in writing
The court's portion of the citation shall be printed on paper that is of sufficient quality to allow the court record to remain unchanged for the period of retention as prescribed by Supreme Court Rule 26.05.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket required by Traffic Rule 3.
All motions shall be made in writing
Document Filing Requirements49 rules
Written complaints, motions, briefs, memoranda of law, and proposed journal entries must be filed with sufficient copies for service on other parties or counsel.
Court's wording
No written complaint, motion, brief, memorandum of law or proposed journal entry shall be accepted by the Clerk for filing unless the same is filed with sufficient copies for service upon any other parties or counsel and indicates the name, address and phone number of the attorney
(8) No pleadings shall be accepted for filing by the Clerk if said pleading does not contain a caption setting forth the name of the Court, the title of the action and case number.
- Document
- Pleading
Must include
- •Caption
- •Case number
(C) The source document filed by fax shall be maintained by the person making the filing until the case is closed and al opportunities for post judgment relief are exhausted.
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile for any reason must be replaced by an insert page describing the exhibit and why it is missing.
Any exhibit filed shall in this be attached manner to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings i n this court.
- Document
- Missing exhibit
Must include
- •Caption
- •Judge name
- •Case number
A fax-filed signed document must be either a copy of the signed source document or an unsigned copy marked with "/sl" and the signer's name; the filer represents that the signed original is in their possession or control.
Court's wording
A party who wishes to file a signed source document by fax shall either: Fax a copy of the signed source document; or Fax a copy of the document without the signature but with the notation "/sl" followed by the name of the signing person where the signature appears in the signed source document. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
Electronically filed pleadings must be signed by an Ohio-admitted attorney or an unrepresented party; the signature is attributed to the person it purports to be, and unauthorized transmission requires the court to strike the document.
Court's wording
All electronical y filed pleadings must be signed by an attorney admitted to the practice in the State of Ohio or party not represented by such an attorney. Any signature on electronical y transmitted documents shall be considered that of the attorney or party it purports to be for al purposes. If it is established that the documents were transmitted without authority, the Court shall order the document struck.
Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the Clerk, the Clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronical y filed documents.
A filer electronically filing a document must complete an online Document Description Form with the listed case, document, transmission, and filer information.
Court's wording
The filer electronically filing a document shall also complete an online Document Description Form containing the following information: The title of the case; The case number; The title of the document being filed; The date of the transmission; The name, address, telephone number, fax number and email address of the person filing the document; and, for an attorney, his or her Ohio Supreme Court registration number and firm name, if any.
the written order of the judge shall be made a part of the record of the proceedings.
Any request for a warrant on a party to a civil action that does not appear in court shall be filed in the form of a praecipe with the party's social security number and date of birth.
Except for an open-court request when the client fails to appear, a withdrawal application must be a written motion stating its reasons, certify service on opposing counsel, and represent that the entry will be mailed to the client if granted.
- Document
- Motion
Include
- •Certificate of service
Court's wording
Except for a withdrawal request in open Court when a counsel's client fails to appear for a Court proceeding, no application for withdrawal wil be considered unless: (A) A written motion is presented which state the reasons for the application; (B) The motion contains a certification of service to opposing counsel; and (C) The withdrawing counsel represents that, if the motion is granted, a copy of the withdrawal entry wil be mailed forthwith to the last known address of the client.
In all unliquidated damage claims in which the defendant has failed to appear or answer, the plaintiff shall have judgment in the same manner as provided in these local rules for the granting of a default judgment, regarding supporting documentation verified by affidavit or sworn testimony of the plaintiff.
A debtor filing a trusteeship must provide a payroll check stub or payroll statement of earnings, and no payment will be accepted without one.
Court's wording
Upon the filing of a trusteeship, the debtor is required to provide the Court with payrol a check stub or payrol statement of earnings. No payment wil be accepted from a debtor without a payrol check stub or payrol statement of earnings.
At any hearing in Small Claims Court the parties are each responsible for providing the original and two copies (or adequate copies for al parties involved) of any exhibits which they plan to introduce.
In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the Motion to transfer, along with an appropriate judgment entry.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments within fourteen (14) days thereafter.
Motions for continuance must also be accompanied with a judgment entry for the Court's consideration.
ALL JUDGMENT ENTRIES INCLUDING SETTLEMENT ENTRIES SHALL STATE WHICH PARTY WILL PAY THE COURT COSTS.
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 another court, counsel shall attach a copy of said assignment notice to the motion for continuance.
Said exam must be held by the plaintif during the scheduled court time or a new request for the examination must be filed along with the court costs pursuant to Exhibit A.
Counsel for whose favor an order or judgment is rendered shall prepare a journal entry, if requested to do so by the Court.
The party seeking relief by default judgment shall file with the motion an affidavit in compliance with the Soldier's and Sailor's Civil Relief Act, 50
For qualifying personal-property damage claims, the default-judgment filing must include a supporting affidavit and documentation signed by a person with actual knowledge verifying the lesser of reasonable repair cost or diminution in value.
Court's wording
If the defendant has failed to plead or otherwise defend the Court may grant a default judgment in the amount of the prayer if the action is for recovery of money only arising out of damages to personal property and if an affidavit with supporting documentation signed by a party with actual knowledge is filed. Said documentation must verify that the prayer of the complaint reflects a reasonable cost of repairing the property or its diminution in value, whichever is less.
For a liquidated second cause of action in an FED case, a default-judgment motion may be accompanied by an affidavit and supporting documentation signed by a person with actual knowledge verifying the amount.
Court's wording
In FED actions if the defendant has failed to appear or otherwise defend on the second cause of action, default judgment may be entered upon an oral or written motion which judgment is based upon a liquated claim and when the motion is accompanied by an affidavit with supporting documentation signed by a party with actual knowledge verifying that the amount is accurate.
Satisfaction in whole or part of any judgment shall be accomplished by filing appropriate entry an order or with the Clerk which has been approved by the plaintif or judgment creditor or his counsel.
Motions to revive judgment must be filed in writing
Any request for a warrant to be issued for a party in a civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth
The Clerk of Court shall process requests for subpoenas from a praecipe or written instruction filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.
the plaintiff during the scheduled court time or a new request for the examination must be filed along with the appropriate filing fee per Exhibit A.
In any civil jury case counsel for the plaintiff shall file a trial brief with the Clerk at least twenty (20) days before the date of trial.
Parties requesting findings of fact and conclusions of law shall submit concurrently with their request proposed findings of fact and conclusions or law.
In conjunction with Ohio Revised Code Section 109.60 any criminal charge that is a Misdemeanor of the fourth degree (M4) or greater or an OVI charge shall be accompanied by a properly fil ed out BCI form 2-71 Final Disposition Card.
Any electronical y submitted citation shall be maintained as the original document in the court's file.
Every charge filed in this Court shall be filed with a personal identifier sheet or the identifiers attached to the charge in some other format.
A written waiver of a jury demand is required in al cases wherein a written jury demand had previously been filed.
Except as otherwise provided herein, a defendant shall be tried to the Court unless a jury demand has been filed with the Court.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
A continuance motion based on counsel's conflicting trial assignment must include a copy of the assignment notice.
Court's wording
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 another trial court counsel shall attach a copy of said assignment notice to the motion for continuance.
The Clerk's Office shall process subpoenas from a praecipe or written instructions filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.
Subject to the acknowledgment and consent being signed by the depositor on the bond form, al Criminal and Traffic Division bonds will be subject to forfeiture for al fines, costs, restitution and any other financial obligations owed to the court.
In the Small Claims and Civil Divisions bond monies wil be forfeited in payment of any financial obligations to the plaintif and/or the court provided that the acknowledgment and consent has been signed on the bond form by the depositor.
A proposed judgment entry for the Court's review and consideration should also be submitted with the motion.
Rent escrow proceedings may be initiated pursuant to Ohio Revised Code Section 5321.07 or 3733.121 by filing an application with the Court and depositing with the Clerk al rent money due to the tenant's landlord.
If the defendant has failed plead to or otherwise defend (having entered no appearance) the Court may grant a default judgment immediately upon written or oral motion in a case involving a liquidated claim, accompanied by an appropriate judgment entry.
A ticket produced by computer or other electronic means shall not require the signature of the defendant.
A fax filing must include a cover page with the specified court, case, document, transmission, filer, and applicable cost-submission information.
Court's wording
(E) COVER PAGE. The person filing a document by fax shall also provide therewith a cover page containing the following information: 1. The name of the court; 2. The title of the case; 3. The case number; 4. The assigned judge; 5. The title of the document; 6. The date of the transmission; 7. The transmitting fax number; 8. An indication of the number of pages included in the transmission, including cover page; 9. If a judge or case number has not been assigned, state that fact on the cover page; 10. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and 11. If applicable, a statement explaining how costs are being submitted.
The complaint must have attached copies of the specified notices and any document required by Ohio Civil Rule 10(O).
Court's wording
A copy of all notices required to be served upon the tenants pursuant to Ohio Revised Code Chapters 5321, 5313, 3733 and 1923 or pursuant to federal regulations shall be attached to the complaint as well as any document required pursuant to Rule 10(O) of the Ohio Rules of Civil Procedure.
Filing & Service rules
Electronic Filing Rules
A faxed document is the effective original filing; the filer need not submit the source document but must keep it available with the required signatures and fax cover-sheet source copy if the Court requests it.
(8) A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records. Upon request of the Court the filer must have available for production the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.
Page 5 | Rule 1.05 Facsimile Filings
Fax filings must be transmitted through facsimile equipment operated by the Clerk and may not be sent directly to the court for filing.
Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through facsimile equipment operated by the Clerk of Court.
Page 7 | Rule 1.05 (J) TIME OF FILING
Email sent to the Court is not a legal communication and will not be received, ruled upon, or entered into the court record.
Any communication sent to the Court by electronic mail is not considered a legal communication of any form and wil not be received or ruled upon by a judge or entered into the court record.
Page 8 | Rule 1.06 (B)(2)
No person may use another person’s electronic-filing password or allow another person to use it.
No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 9 | Rule 1.04 Filing Requirements
An attorney may authorize only an employee or a retained service provider to electronically file on the attorney’s behalf.
No attorney shall authorize anyone to electronical y file on that attorney's behalf, other than his/her employee or a service provider retained to assist in the electronic filing.
Page 9 | Rule 1.04 Filing Requirements
The Clerk must reject a document filed without a Document Description Form or with an incomplete form and notify the filer by email.
In the event of a document is electronical y filed without or with an incomplete Document Description Form, the Clerk shall reject said document and the Clerk shall notify the filer via electronic mail of said rejection.
Page 10 | Rule 1.04 Filing Requirements
The Court will provide electronic filing for documents in all case categories unless the Judge restricts it.
The Court will provide an electronic filing service to all court users for all documents in any category of cases unless otherwise restricted by the Judge.
Page 8 | Rule 1.06 (A)
An electronic filing by an attorney, an authorized filer, or an unrepresented party constitutes that attorney’s or party’s signature under Ohio Civil Rule 11.
The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.
Page 9 | Rule 1.04 Filing Requirements
Anyone who elects to file electronically bears the risk of delays, signal interruptions, and document readability problems that may prevent proper filing.
Any attorney, party, or other person who elects to file any document electronical y shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the ful risk that the document may not be properly filed with the Clerk as a result.
Page 10 | Rule 1.04 Filing Requirements
The court authorizes the use and filing of citations produced electronically.
The use and filing of a ticket produced by computer or other electronic means is hereby authorized by Bryan Municipal Court.
Page 28 | Rule 3.01 Electronic Citations
Pleadings and other documents may be filed by fax with the Clerk at 419-636-3417, subject to the stated conditions and applicable proceedings.
(A) As provided for under Civil Rule 5 (E), Civil Rule 73 (J), Criminal Rule 12 (8) and App R 13 (A), the Court will allow filing of pleadings and other documents through the Clerk of Court by facsimile transmission to 419-636-3417 subject to the following conditions: 1. The rules apply to the civil, small claims, criminal, traffic and appellate proceedings in the Bryan Municipal Court.
Page 5 | Rule 1.05 Facsimile Filings
Filing Timing and Cure Windows
If a fax filing lacks the required cover-page information, the Court may file it or place it in the failed-fax file, in which case it is not considered filed.
(F) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Court may, at its 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.
Page 6 | Rule 1.05 Facsimile Filings
An accepted fax filing is considered filed at the date and time the Clerk time-stamps it as received, not when it was transmitted.
Subject to the provisions of these rules, al documents sent by fax and accepted by the Clerk shall be considered the filed with Clerk of Court 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 7 | Rule 1.05 (J) TIME OF FILING
Unless the court orders otherwise, missing exhibits must be filed separately within five court days after the fax filing; failure may result in the document or exhibit being struck.
Unless the court otherwise missing orders,exhibit the shall be filed with the court, as a separate document, not later than five (5) court days fol owing 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 7 | Rule 1.05 (I) EXHIBITS
Although the electronic-filing service is available around the clock, filings must be completed during regular court hours, and documents received outside those hours are deemed received for filing the next business day.
The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed during the regular court hours as set out in these rules. Any document received outside of those regular hours shall be deemed received for filing on the next business day.
Page 9 | Rule 1.04 Filing Requirements
A filing does not relate back to an unsuccessful original filing attempt; a filer seeking relation back after rejection for technical errors must move the Court for relief.
A filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the Court seeking such relief.
Page 10 | Rule 1.04 Filing Requirements
If a case has had no action for six months and is not set for trial, the filing party will be notified that it will be dismissed within ten days unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the filing party that the matter wil be dismissed pursuant to M.C. Sup. Rule 6 within ten (10) days unless good cause is shown to the contrary.
Page 20 | Rule 2.01 Case Management in Civil Cases
If a settlement entry marked as forthcoming is not received within 30 days, the party will be notified that the case will be dismissed unless the entry is received within ten days.
When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days then the Clerk shall notify the party that his case wil be dismissed unless the entry is received within ten (10) days.
Page 20 | Rule 2.01 Case Management in Civil Cases
Counsel must obtain service of summons within six months of filing the cause of action; otherwise, the Clerk will notify counsel that the case will be dismissed without prejudice in ten days unless good cause is shown.
If counsel fails to obtain service of summons within six (6) months from the date of cause of action was filed, then the Clerk shall notify Counsel that the case will be dismissed without prejudice in ten (10) days unless good cause i s shown to the contrary.
Page 20 | Rule 2.01 Case Management in Civil Cases
Opposing counsel must file any response in opposition within 14 days.
Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments within fourteen (14) days thereafter.
Page 20 | Rule 2.01 Case Management in Civil Cases
The journal entry must be submitted to the Judge for approval and signature within 30 days of the decision.
Within thirty days of the decision, the journal entry shall be submitted to the Judge for approval and signature.
Page 22 | (E) JUDGMENT ENTRIES
A settlement may avoid trial without an entry, but an entry must be filed within 30 days after notice of settlement to the Court or the case may be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days after notice to the Court of settlement or the case may be dismissed for want of prosecution.
Page 22 | (E) JUDGMENT ENTRIES
After possession is determined in an FED case with a second cause of action for money damages, the defendant must answer within 28 days of service of the complaint.
When a second cause of action in an FED has been filed alleging money damages, after the issue of possession of premises has been determined, the case will be continued for defendant to answer within 28 days of service of the complaint.
Page 23 | Rule 2.02 Landlord / Tenant Actions
Either party may demand a jury trial, but the demand must be filed no later than three days before the trial date.
Either party may demand a trial by jury in accordance with Section 1923.10 of the Ohio Revised Code. Said jury demand must filed be no later than three (3) days prior to the date set for trial.
Page 23 | Rule 2.02 Landlord / Tenant Actions
To initiate the consolidated-trial procedure, the defendant must file the counterclaim with the Clerk of Court before trial.
To initiate this procedure, defendant must first serve a counter-claim upon plaintif and file the same with the Clerk of Court before the trial date
Page 23 | Rule 2.02 Landlord / Tenant Actions
The rent escrow hearing must be held within 14 days after the application is filed.
A hearing shall be held within fourteen (14) days from the date of filing.
Page 23 | Rule 2.02 Landlord / Tenant Actions
If the defendant has appeared, a hearing on the default-judgment application must be set and the defendant or representative must receive at least 14 days’ notice.
If the defendant has entered an appearance in the action in accordance with Civil Rule 55(A) a hearing shall be set on the application for the default judgment with defendant or defendant's representative being given at least fourteen (14) days notice before the hearing date.
Page 25 | Rule 2.04 Default Judgments
In civil cases other than FED actions, a jury demand and the required deposit must be filed at least 14 days before trial, within the time specified by Ohio Civil Rule 38.
In a civil case other than FED actions either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit as set forth on Exhibit A with the Clerk of Court. Said jury demand and deposit must be filed fourteen (14) days prior to the date scheduled for trial.
Page 25 | Rule 2.08 Jury Trials
A hearing on a motion to revive a judgment must be scheduled, with notice given at least 14 days beforehand.
A hearing shall be scheduled and notice be given at least fourteen (14) days prior to the scheduled hearing date.
Page 25 | Rule 2.07 Revivor of Judgment
Reply briefs must be filed with the Clerk of Court at least 10 days before trial.
Reply briefs shall be filed with the Clerk of Court at least ten (10) days before the date of trial
Page 26 | Rule 2.08 Jury Trials
A subpoena request must be filed at least 7 business days before trial unless the Court allows otherwise.
The Clerk of Court shall process requests for subpoenas from a praecipe or written instruction filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.
Page 26 | Rule 2.09 Witnesses and Subpoenas
Plaintiff’s counsel must file the trial brief at least 20 days before trial.
In any civil jury case counsel for the plaintiff shall file a trial brief with the Clerk at least twenty (20) days before the date of trial.
Page 26 | Rule 2.08 Jury Trials
For electronic documents, the file stamp's effective date and time are those accepted by the court for filing.
The file stamp imbedded on electronic documents shall be the effective date and time as accepted by the court for filing.
Page 28 | Rule 3.01 Electronic Citations
Parties must file pre-trial motions by the Court-specified time before the pre-trial conference.
The respective parties are to exchange discovery and file any pre-trial motions within the time specified by the Court prior to the pre-trial conference.
Page 30 | Rule 3.08(B) Pre-Trials
Written motions and accompanying judgment entries must be filed within five days after an oral request for a new date.
Written motions and accompanying judgment entries must be filed within five (5) days after any oral requests for a new date.
Page 31 | Rule 3.08 Case Management in Criminal/Traffic Cases
The required jury-demand waiver must be filed before the scheduled trial date, before any plea is entered, or before a court trial begins.
Said waiver must be filed prior to the scheduled trial date or prior to the entrance of any plea or commencement of any trial to the Court.
Page 31 | Rule 3.09 Trials
Motions must be filed within the deadlines established by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 31 | Rule 3.08 Case Management in Criminal/Traffic Cases
Praecipes or written instructions for subpoenas must be filed at least seven business days before trial, unless the Court allows otherwise.
The Clerk's Office shall process subpoenas from a praecipe or written instructions filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.
Page 32 | Rule 3.12 Witnesses and Subpoenas
The Clerk's office is deemed open to receive fax filings only on the days and at the times 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 7 | Rule 1.05 (J) TIME OF FILING
Motions are considered submitted at the end of the 14-day response period unless the Court extends the time.
All motions will be considered submitted at the end of said fourteen (14) day period unless the time is extended by the Court.
Page 20 | Rule 2.01 Case Management in Civil Cases
The Clerk assigns a transaction number when a document is received in its entirety, and successful transmission displays the transaction number, filing date and time, and an image of the filed document.
A transaction number wil be assigned to each document when it is received in its entirety by the receiving device of the Clerk. The transaction number and the date and time of filing wil be displayed on the screen of the filer's computer, with an image upon of the document filed, successful transmission of the document.
Page 10 | Rule 1.04 Filing Requirements
Entries of settlement may be filed at any time.
Entries of settlement may be filed at any time.
Page 22 | (E) JUDGMENT ENTRIES
Service and Proof of Service Rules
A separately filed missing exhibit must be signed and served under the rules governing the signing and service of pleadings in the court.
Any exhibit filed shall in this be attached manner to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings i n this court.
Page 7 | Rule 1.05 (I) EXHIBITS
A filer may not transmit service copies by facsimile.
The filer shall not transmit service copies by facsimile.
Page 8 | Rule 1.05 (K) LENGTH OF DOCUMENT
Court-filed documents must be served under Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless the attorney or unrepresented party has filed an email address with the Court.
Documents filed with the Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the Court.
Page 10 | Rule 1.04 Filing Requirements
Documents served electronically must include proof of service identifying the email address used; the available text ends before completing the requirement.
Documents served electronically shall contain proof of service setting forth the electronic mail address at which
Page 10 | Rule 1.04 Filing Requirements
When an attorney or party has filed an email address with the Court, service by email constitutes service under the cited Ohio rules, but does not add the three days provided by Ohio Civil Rule 6(D).
Where an electronic mail address has been filed with the Court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(D).
Page 10 | Rule 1.04 Filing Requirements
If withdrawal is granted, withdrawing counsel must mail a copy of the withdrawal entry forthwith to the client’s last known address.
The withdrawing counsel represents that, if the motion is granted, a copy of the withdrawal entry wil be mailed forthwith to the last known address of the client.
Page 17 | Rule 1.18 Withdrawal of Trial Counsel
Notice of a pre-trial conference must be given to the parties’ counsel by mail and/or telephone at least 14 days before the conference.
Notice of pre-trial conferences shall be given to al parties counsel or of record by mail and/or by telephone the assignment from commissioner not less than fourteen (14) days prior to the conference.
Page 21 | (C) PRE-TRIALS
The summons must be served at least 7 days before the trial date.
The service of summons shall be at least seven (7) days before the trial date.
Page 22 | Rule 2.02 (A) LANDLORD/TENANT ACTIONS
The return of service of summons must be made as soon as practicable after the complaint is filed.
Return of service of summons shall be made as soon as practicable after filing the complaint.
Page 22 | Rule 2.02 (A) LANDLORD/TENANT ACTIONS
The journal entry must be submitted to opposing counsel within 10 days of the decision.
That entry shall be submitted to opposing counsel within ten (10) days of the decision.
Page 22 | (E) JUDGMENT ENTRIES
The defendant must be served with a summons in accordance with Ohio Revised Code Section 1923.06.
The defendant shall be served a summons in accordance with Ohio Revised Code Section 1923.06.
Page 22 | Rule 2.02 (A) LANDLORD/TENANT ACTIONS
To initiate the consolidated-trial procedure, the defendant must first serve a counterclaim on the plaintiff.
To initiate this procedure, defendant must first serve a counter-claim upon plaintiff
Page 23 | Rule 2.02 Landlord / Tenant Actions
The bailiff must serve the landlord by personal or residential service under Ohio Civil Rule 4.1(2) or (3).
The bailiff shall serve the landlord by personal or residential service in accordance with Rule 4.1 (2) or (3), Ohio Rules of Civil Procedure.
Page 23 | Rule 2.02 Landlord / Tenant Actions
A motion to revive a judgment must be served on the other party.
Motions to revive judgment must be filed in writing and served upon the other party.
Page 25 | Rule 2.07 Revivor of Judgment
Copies of reply briefs must be provided to opposing counsel or unrepresented parties.
with copies certified to all opposing counsel or unrepresented parties.
Page 26 | Rule 2.08 Jury Trials
Subpoenas to law-enforcement agency members must be served by facsimile delivery from the Clerk’s Office.
Service of subpoenas to members of law enforcement agencies shall be by delivery from the Clerk's Office by way of facsimile.
Page 26 | Rule 2.09 Witnesses and Subpoenas
Copies of the trial brief must be provided to opposing counsel or to opposing parties who are unrepresented.
Copies of the trial brief shall be certified to all opposing counsel or parties unrepresented by counsel.
Page 26 | Rule 2.08 Jury Trials
Subpoenas shall be served provided in Rule 45(8) of the Ohio Rules of Civil Procedure.
Subpoenas shall be served provided in Rule 45(8) of the Ohio Rules of Civil Procedure.
Page 26 | Rule 2.09 Witnesses and Subpoenas
When an electronically produced ticket is issued, the issuing officer must provide the defendant a paper copy.
If an electronically produced ticket is issued, the issuing officer shall provide the defendant with a paper copy of the citation.
Page 28 | Rule 3.01 Electronic Citations
Service must comply with the applicable Rules of Criminal Procedure and Traffic Rules.
Service shall be made in accordance with the applicable Rules of Criminal Procedure and Traffic Rules.
Page 29
Subpoenas must be served in accordance with Rule 17(D) of the Ohio Rules of Criminal Procedure.
Subpoenas shall be served as provided in Rule 17(D) of the Ohio Rules of Criminal Procedure.
Page 32 | Rule 3.12 Witnesses and Subpoenas
The electronic filing system does not serve the other party with a copy of a filing.
The electronic filing system does not serve the other party with a copy of the filing.
Page 11 | Rule 1.06 Electronic Transmissions
Filing Fees and Waivers
Facsimile filings incur additional fees under the attached Exhibit A cost schedule.
Additional fees shall be assessed for facsimile filings per the cost schedule attached hereto and marked as Exhibit A.
Page 8 | Rule 1.05 (J) TIME OF FILING
Applicable filing fees, deposits, and copy costs are collected by credit card or deposit when the Clerk processes the filing, and an electronically filed document may be rejected if the filer has not followed the required payment mechanism.
Normal filing fees, deposits, and copy costs wil be collected via filer credit card or deposit at the time the filing is processed by the Clerk. Any document filed electronical y that requires a filing fee may be rejected by the Clerk unless the filer has complied with the mechanism established by the Court for the payment of filing fees or as set forth by statute.
Page 10 | Rule 1.04 Filing Requirements
A party in a civil action must advance security for jury costs at least fourteen days before trial to avoid waiving a jury trial.
The failure of a party in a civil action to advance the security for jury costs as provided herein at least fourteen (14) days prior to the date set for trial shall constitute a waiver of trial by jury.
Page 16 | Rule 1.17 Court Costs and Security Deposits, Generally
Civil Court costs are due to the Clerk when filing, and costs on original filings are non-refundable filing fees.
Civil Court costs shall be paid at the time of filing to the Clerk of Court. Costs paid on al original filings (i.e. complaints, counter-claims, forcible entry and detainer actions, replevins, trusteeships, small claims complaints, third party complaints) are to be considered as a non-refundable filing fee. All fees are set forth on attached Exhibit A.
Page 16 | Rule 1.17 Court Costs and Security Deposits, Generally
Each warrant request requires a $25 processing fee, and the requester will be billed for service fees exceeding that amount.
Said praecipe shall be accompanied by a processing fee of $25.00 for each warrant requested. Should the service fees exceed the processing fee, the party requesting the warrant wil be billed for those amounts.
Page 16 | Rule 1.17 Court Costs and Security Deposits, Generally
When extraordinary costs warrant a deposit above the stated amounts, the Clerk must estimate those costs and require a commensurate additional deposit.
If at any time the Clerk determines, because of circumstances indicating extraordinary costs in any case, a deposit for costs in excess of the amounts specified herein should be made, the Clerk shall estimate such probable extraordinary costs and require an additional deposit commensurate therewith.
Page 17 | Rule 1.17 Court Costs and Security Deposits
A $3.00 charge applies for each creditor added to a trusteeship account.
A charge of $3.00 per creditor wil be assessed for each creditor added to the trusteeship account.
Page 18 | Rule 1.19 Municipal Court Trusteeships
When transfer to the regular civil docket is granted, the party seeking transfer must pay the appropriate filing fee to the Clerk with the transfer motion and an appropriate judgment entry; failure to pay results in denial of the motion.
In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the Motion to transfer, along with an appropriate judgment entry. Failure to pay the fee will cause the motion to transfer to be denied.
Page 19 | Small Claims
A new debtor’s examination request must be filed with the court costs specified in Exhibit A if the examination is not held during the scheduled court time.
Said exam must be held by the plaintif during the scheduled court time or a new request for the examination must be filed along with the court costs pursuant to Exhibit A.
Page 22 | (D) CONTINUANCES
The appropriate filing fee must be paid to the Clerk before a requested writ will issue.
All requests for any writ to be issued must be made in writing and the appropriate filing fee paid to the Clerk before said writ wil be issued.
Page 24 | Rule 2.03 WRITS
All accrued costs must be paid when a motion to revive a judgment is filed.
All costs accrued in a case must be paid upon the filing of a motion to revive a judgment.
Page 25 | Rule 2.07 Revivor of Judgment
In civil cases other than FED actions, a party demanding a jury trial must first file the deposit specified in Exhibit A with the Clerk of Court.
In a civil case other than FED actions either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit as set forth on Exhibit A with the Clerk of Court.
Page 25 | Rule 2.08 Jury Trials
Costs must be paid before filing an order or entry of satisfaction unless the Court excuses payment for good cause.
Payment of costs, unless otherwise excused by the Court for good cause shown shall be required prior to any filing of an order or entry satisfaction.
Page 25 | Rule 2.06 Satisfaction of Judgment
In FED actions, a jury may be demanded as provided by statute upon posting the bond specified by statute.
In FED actions a jury may be demanded as specified in Ohio Revised Code Section 1923.10 and upon posting bond as specified in Ohio Revised Code Section 1923.08.
Page 25 | Rule 2.08 Jury Trials
A civil-action warrant request must include the Exhibit A filing fee, and any service fees will be billed separately to the requester.
Any request for a warrant to be issued for a party in a civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth and must include the appropriate filing fee per Exhibit A. Any service fees wil be billed separately to the requestor.
Page 26 | Rule 2.11 Warrant Requests
A new request for a debtor’s examination must be accompanied by the appropriate Exhibit A filing fee when required.
the plaintiff during the scheduled court time or a new request for the examination must be filed along with the appropriate filing fee per Exhibit A.
Page 26 | Rule 2.10 Debtor's Examinations
The Clerk must require an additional deposit when goods or property seized under a court writ or order must be handled, stored, or placed with a custodian.
In al cases in which it shall be necessary to seize, move or remove or store or to provide a custodian for any goods or property seized under any writ or order issued by the Court, the Clerk shall require an additional deposit
Page 16 | Rule 1.17 Court Costs and Security Deposits, Generally
On a party’s motion or the Clerk’s or Bailiff’s request, and upon a showing that probable costs may exceed the deposit, the Court may require a further deposit before additional proceedings.
Upon motion by any party or upon request of the Clerk or Bailiff, and upon a showing that the probable costs may exceed the deposit, the Court may order a further deposit to be made before additional proceedings are held.
Page 17 | Rule 1.17 Court Costs and Security Deposits
The party requesting a jury will be assessed the Exhibit A fee if the case is resolved before the jury appears or after the jury appears for duty.
If a jury is called to serve and the case is resolved prior to the jury appearing the cost to the party requesting the jury will be assessed a fee pursuant to Exhibit A. If the jury appears for duty and the case is then resolved, the party requesting the jury will be assessed a fee also in accordance with Exhibit A.
Page 26 | Rule 2.08 Jury Trials
Cash, money orders, and personal or certified checks are accepted; qualifying starter checks are excluded, and credit cards may be accepted subject to the court's vendor rules.
Payment by cash, money order, personal or certified checks are acceptable. No starter checks without the check writer's name, address and check number printed by the bank on said check will be accepted. Payment by credit cards may be accepted as governed by the court's third-party vendor in the Criminal and Traffic Divisions of this Court.
Page 32 | Rule 3.11 Method of Payments & Payment with Coins
Coin payments made to the Court may not exceed one dollar.
Cash payments made to the court in coins shall not exceed One Dollar ($1.00).
Page 32 | Rule 3.11 Method of Payments & Payment with Coins
Court costs for criminal and traffic cases are set out in Exhibit A.
The court costs in al criminal and traffic cases shall be set in attached Exhibit A.
Page 32 | Rule 3.10 Criminal / Traffic Court Costs
An offender ordered to complete a Probation Department program must pay the applicable Exhibit A fee to attend and complete it.
Each offender who is ordered to complete a program operated by the Probation Department will be ordered to pay a fee as set forth in Exhibit A to attend and complete the program.
Page 32 | Rule 3.14 Probation and Programs Operated by Probation Department
Each probationer must pay the supervision fees set out in Exhibit A.
Each probationer shall be assessed supervision fee(s) as set forth in Exhibit A.
Page 32 | Rule 3.14 Probation and Programs Operated by Probation Department
The listed fees are court costs, must be paid through the Clerk's Office, and are non-refundable.
All of the above fees shall be assessed as court costs and shall be paid through the Clerk's Office and are non-refundable.
Page 33
The fee for an amended civil complaint is $35.00.
Amended Civil 35.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
A $350.00 jury-related fee is listed as due two weeks before trial.
2 weeks before Trial $350.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The fee for a certificate under three seals is $20.00.
Certificate under 3 Seals 20.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
A separate $1.00 bank check is listed in addition to the garnishment fee.
Plus Check for Bank 1.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
Filing $100.00
Filing $100.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
Wage ... Garnishment 95.00
Wage ... Garnishment 95.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
Service fees are billed separately to the requestor.
All service fees will be billed separately to Requestor
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The fee for a certificate of judgment is $20.00.
Certificate of Judgment 20.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
Non-Wage ... Garnishment 75.00
Non-Wage ... Garnishment 75.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The listed fee to revive a judgment is $35.00.
35.00 Revive Judgment
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The schedule lists a $450.00 fee for the civil item identified in the fee table.
Civil 450.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The fee for a creditor questionnaire is $30.00.
Creditor Questionnaire 30.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The fee for a counterclaim or cross-complaint is $150.00.
Counterclaim or Cross-Complaint 150.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The listed fee for a bench warrant is $25.00.
Bench Warrants 25.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
The fee for a debtor's examination is $50.00.
Debtors Exam 50.00
Page 34 | Exhibit A: Court Fees/Costs — Civil Division
Vacating a judgment costs $25.00.
Vacate Judgment 25.00
Page 35
A $270.00 jury charge is listed when the case settles after the jury is notified to appear.
Jury Notice (Postage Cost) notified to I Case settled 270.00
Page 35 | Criminal / Traffic Division
The State Costs breakdown includes a $9.00 Victims of Crime Fund charge.
Victims of Crime Fund $ 9.00
Page 35 | Criminal / Traffic Division
The village fee is $6.00.
Village Fee 6.00
Page 35 | Criminal / Traffic Division
A commitment costs $10.00.
Commitment 10.00
Page 35 | Criminal / Traffic Division
Transferring a matter to the civil docket costs $150.00.
Transfer to Civil Docket 150.00
Page 35 | Small Claims
A show-cause order costs $25.00.
Show Cause Order 25.00
Page 35 | Criminal / Traffic Division
Each additional defendant costs $15.00.
Each Addt'l Defendant 15.00
Page 35 | Small Claims
The small-claims fee is $50.00.
Small Claims 50.00
Page 35 | Small Claims
Subpoena per name 10.00
Subpoena per name 10.00
Page 35 | Criminal / Traffic Division
The sheriff's fee is $6.00.
Sheriff's Fee 6.00
Page 35 | Criminal / Traffic Division
Computer Improvement Fund 20.00 20.00
Computer Improvement Fund 20.00 20.00
Page 35 | Criminal / Traffic Division
The small-claims breakdown includes a $19.00 cost.
Cost 19
Page 35 | Small Claims
State costs are $29.00 for Criminal and $39.00 for Traffic.
State Costs (see below) 29.00 39.00
Page 35 | Criminal / Traffic Division
A counterclaim or cross-complaint costs $50.00.
Counterclaim or Cross-Complaint 50.00
Page 35 | Small Claims
The Special Projects Fund charge is $20.00 for Criminal and $10.00 for Traffic.
Special Projects Fund 20.00 10.00
Page 35 | Criminal / Traffic Division
The State Costs breakdown lists a $10.00 charge for Traffic only.
Other (Traffic Only) $10.00
Page 35 | Criminal / Traffic Division
A subpoena fee of $15.00 is charged per name.
Subpoena per name 15.00
Page 35
Local costs are $20.00 in both the Criminal and Traffic divisions.
Local Costs 20.00 20.00
Page 35 | Criminal / Traffic Division
An expungement costs $100.00 per application.
Per Application 100.00 Expungement
Page 35 | Criminal / Traffic Division
The State Costs breakdown includes a $20.00 Indigent Defense Support Fund charge.
Indigent Defense Support Fund $20.00
Page 35 | Criminal / Traffic Division
A late charge of $10.00 is listed.
Late 10.00
Page 35 | Criminal / Traffic Division
A third-party complaint costs $150.00.
Third-Party Complaint 150.00
Page 35
A release costs $10.00.
Release 10.00
Page 35 | Criminal / Traffic Division
A jury notice incurs a postage cost.
Jury Notice (Postage Cost)
Page 35 | Criminal / Traffic Division
The small-claims breakdown includes a $20.00 Computer Improvement Fund charge.
Computer Imp. Fund 20
Page 35 | Small Claims
Transferring a judgment from another court costs $150.00.
Transfer Judgment from another Court 150.00
Page 35
A writ of restitution, execution, or replevin costs $70.00.
Writ of Restitution, Execution or Replevin 70.00
Page 35
Pre-Motion Conference Requirements
Oral hearings on the motions will not be granted unless the Court deems one necessary.
There wil be no oral hearings granted on said motions unless the Court deems it necessary.
Page 20 | Rule 2.01 Case Management in Civil Cases
Adjournment & Extension Requirements
Once a hearing is set, continuance motions must be received in writing and should be filed at least five days beforehand unless the Court approves otherwise.
Once a hearing has been set, motions for continuance must be received in writing. Said motions should be filed at least five (5) days prior to the hearing unless otherwise approved by the Court.
Page 19 | Small Claims
A party seeking to continue a trial, pre-trial, or hearing must submit a written motion stating the reason.
No party shall be granted a continuance of a trial, pre- trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 21 | (D) CONTINUANCES
If the written continuance request was not received before the scheduled court date, the request must be made on the record that date.
If the written request for a continuance is not received prior to the schedule court date, said request must be made on record on the scheduled date.
Page 22 | (D) CONTINUANCES
Only one continuance will be granted for a case assigned for a debtor’s examination.
Only one continuance wil be granted for cases assigned for a debtor's exam.
Page 22 | (D) CONTINUANCES
No continuances shall be granted longer than eight (8) days but for good cause and only in accordance with Ohio Revised Code Section 1923.08.
No continuances shall be granted longer than eight (8) days but for good cause and only in accordance with Ohio Revised Code Section 1923.08.
Page 23 | Rule 2.02 Landlord / Tenant Actions
The Court will grant no more than one continuance for a case assigned for a debtor’s examination.
The Court will grant only one continuance for cases assigned for a debtor's exam.
Page 26 | Rule 2.10 Debtor's Examinations
A case may be continued only upon motion and an order of the Court.
Case(s) shall not be continued except upon motion and order of this Court.
Page 31 | Rule 3.08 Case Management in Criminal/Traffic Cases
Granting other continuance requests for scheduled trials, hearings, or pre-trials is within the Trial Court’s discretion.
The granting of any other request for continuance of a scheduled trial, hearing or pre-trial is a matter within the discretion of the Trial Court.
Page 22 | (D) CONTINUANCES
If the defendant complies with the counterclaim procedure, the case will be continued for no more than three weeks to resolve all issues.
If the defendant complies, the case shall be continued no more than three (3) weeks for resolution of al issues between the parties.
Page 23 | Rule 2.02 Landlord / Tenant Actions
The case set first for trial has priority, criminal cases take priority over civil cases, and felonies take priority over misdemeanors.
The case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases will have priority over civil cases and felonies have priority over misdemeanors.
Page 31 | Rule 3.08 Case Management in Criminal/Traffic Cases
Time attributable to a continuance is charged to the party who filed the motion when computing the time for resolving the case.
The time shall be taxed to the party filing the motion for continuance for purposes of computing the time in which a case must be resolved.
Page 31 | Rule 3.08 Case Management in Criminal/Traffic Cases
Chambers Communication Rules
Individuals with active trusteeship accounts must notify the Trustee Clerk within five business days of changes in work status, job, or personal address.
Individuals with active trusteeship accounts must notify the Trustee Clerk within five (5) business days of any changes in work status, job or personal address.
Page 18 | Rule 1.19 Municipal Court Trusteeships
Counsel must instruct witnesses to check in at the Clerk's Office upon arrival to verify attendance and qualify for witness fees.
Counsel shall instruct witnesses to check in at the Clerk's Office upon arrival in order to verify their attendance and in order to be entitled to any witness fees.
Page 32 | Rule 3.12 Witnesses and Subpoenas
An interpreter wil be provided for al court proceedings upon request. Said request must be made to the court by the requestor or their legal representative, within seven days prior to the hearing
An interpreter wil be provided for al court proceedings upon request. Said request must be made to the court by the requestor or their legal representative, within seven days prior to the hearing
Page 4 | Rule 1.03 Language-Access Plan & Special Needs
Fax filers are urged to verify with the Clerk that the filing was received, using available technological means.
Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 8 | Rule 1.05 (J) TIME OF FILING
The Clerk need not notify the sender of a failed fax filing, but may do so if practicable.
(G) 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 6 | Rule 1.05 Facsimile Filings
Counsel should confirm plea-hearing and court-trial dates with the Clerk's Office.
Counsel for the respective parties should confirm the plea hearing date or trial to the Court date with the Clerk's Office.
Page 32 | Rule 3.09 Trials