Campbell Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party seeking a continuance of a trial or hearing must first submit a written motion to the Judge stating the reason.
- A court may not grant a continuance unless it first sets a new, definite trial or hearing date.
- When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.
- +9 more
Request must include
- Continuance motions made within seven calendar days of trial must be denied unless exigent circumstances are shown.
- A continuance is discretionary; a request for a continuance of a restitution claim must be written, state its grounds, and be submitted at least three days before trial, and the continuance is ineffective until the Judge approves it, subject to any conditions including a required bond.
Document Format Requirements5 rules
All papers filed with the clerk of Court in any contested action or proceeding shall be typed or legibly printed on 8-½" by 11" paper
- Paper size
- Letter
- Filed paper
(A) • Demand for jury trial in Forcible Entry and Detainer cases must be made in writing not less than three (3) days prior to the date of trial.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
- All motions
Formatting
- •Motions must be in writing
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket, and Traffic Rule 3(F) of Ohio Traffic Rules.
may, in case of rejection, file objections thereto in writing with the Court.
Document Filing Requirements31 rules
If the Court orders a civil pretrial conference, interested parties must attend and attorneys must be prepared to provide witness and testimony information, trial exhibits, legal theories, discovery status, and other matters the Court requires.
Court's wording
A pre-trial conference may be held in civil cases where ordered by the Court. All parties in interest must be present. The attorneys shall be prepared to furnish a list of all witnesses whom they intend to call along with a statement of the general nature of their testimony; produce all exhibits intended to be offered at the time of trial; the legal theory of their cases; state any discovery not yet completed; and such other matters as the Court may require.
If a civil case set for trial is settled, the trial counsel shall immediately notify the Court and thereafter, as provided by Rule 27, file a stipulation of dismissal or other appropriate entry.
The Court shall receive written confirmation from each party prior to the jury call that its case will not proceed to a jury trial. Failure to do so will result in the forfeiture of the jury deposit.
An attorney seeking to withdraw in any matter must file a written motion stating good cause and containing proof of service on the client.
- Document
- Motion to withdraw as counsel
Must include
- •Certificate of service
Court's wording
No attorney shall be permitted to withdraw as counsel in any matter without first moving the Court in writing for such withdrawal. Such motion shall set forth good cause and contain therein proof of service of such motion upon the client.
Appointed counsel must move for an order to withdraw, state the reason, and provide proof of notice to the indigent; withdrawal is allowed only by Journal Entry.
Court's wording
An attorney appointed by this Court shall not be permitted to withdraw as counsel of record without first moving the Court for an order allowing such withdrawal. Such motion shall set forth the reason for such request. Withdrawal of counsel shall be allowed by Journal Entry only with proof of notice to the indigent.
After discharge as appointed counsel by Journal Entry, counsel must submit all necessary documentation.
Court's wording
Any attorney appointed by this Court to represent an indigent charged with an offense shall not receive any fees for professional services rendered in connection with said appointment without first securing the approval of this Court, and having been discharged as appointed counsel by Journal Entry, counsel shall submit all necessary documentation within 10 days of disposition in this Court.
Demands for juries shall be made in writing in conformance with the Civil and Criminal Rules of Procedure.
In such stipulation the party obtaining the leave to plead shall certify the number of leaves to plead he has previously obtained in that case and the total length of time of those leaved to plead.
Such application shall set forth the number of leaves to plead or motions obtained, the reason such leave is requested, and the total days of such leaves.
and filed under the style and number of the cause, and shall include the name of the judge to whom the case is assigned, a notation as to the type of case, a short description as to what type of pleading is being filed and any other information required by the Civil Rules.
- Document
- Filed paper
Must include
- •Judge name
A party who has not previously obtained leave may obtain one automatic leave by filing a certification with the clerk stating that no leave has previously been obtained in the case.
Court's wording
when a party desires a leave to plead or move, then such party, if he has not previously obtained any leaves to plead, may obtain one automatic leave to plead by filing with the clerk a certification in which he certifies that he has not theretofore obtained any such leaves to plead in the particular case.
All entries or orders of dismissal terminating any case shall contain a determination as to the responsibility for payment of court costs.
A request for the recording of any proceedings shall be filed in writing before trial.
Demands for juries shall be made in writing
When proceedings in Forcible Entry and Detainer are based upon forfeiture of a land contract, lease, or other contract, lease or other written instrument, such document shall be attached to the complaint along with: 1. A copy of the written notice as prescribed in Section 5313.06 R.C.
Complaint in Forcible Entry and Detainer shall state the reason for such eviction, and shall be accompanied by the following exhibits, when filed with the Clerk of Courts:
A copy of the notice required by R. C. 1923.04.
3. The reason for requesting such eviction shall be set forth in the complaint.
2. If restitution of the premises is requested, a copy of the notice required by Section 1923.04 R.C.
An account-based complaint must attach an account beginning at a zero balance and showing every subsequent charge and credit through the filing date.
Court's wording
Any action filed upon an account shall have attached to the Complaint a copy of such account, which account shall begin from a zero balance and indicate each and every charge against and credit upon such account thereafter, to and including the date of filing of such action.
A Rule 60 motion for relief from judgment must state its grounds with particularity, state that the defendant has a good defense, include a tendered answer, and attach sworn support for each operative fact relied upon.
Court's wording
(A) Any motion for relief from judgment filed pursuant to Rule 60, Ohio Rules of Civil Procedure, must: 1. State with particularity the grounds or reasons for such motion. 2. State that the defendant has a good defense. 3. Be accompanied by an answer tendered for filing should such motion be granted. 4. Have attached to it affidavits, depositions or other sworn testimony in support of any operative fact upon which the movant relies in support of such motion.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel attending the pre-trial conference must have complete authority to stipulate on items of evidence and must have full settlement authority in writing and signed by his client.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a judgment entry.
Any written plea of not guilty filed by counsel shall be accompanied by written consent of Defendant pursuant to Criminal Rule 10, bond pursuant to the Court schedule and Proof of Financial Responsibility, if such charge arises out of use of a motor vehicle.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
said party may intervene into any case where a person was charged with a violation of 4511.19 of the Revised Code or its equivalent and petition the court in writing for the return or release of the subject vehicle.
said owner operator may petition the Court in writing for the return, release on an alternate form of seizure/immobilization pending the final disposition of the case.
3. In addition thereto, the petitioner shall specify therein the need for limited driving privileges and certify a copy of said petition to the registrar of the Ohio Bureau of Motor Vehicles.
A petition for limited driving privileges must be written, include the petitioner’s specified identifying and location information, and attach proof of insurance on the Court’s form.
Court's wording
2. The petition for limited driving privileges shall be in writing and accompanied by a filing fee as prescribed by the Court. Said petition shall provide petition's Social Security and driver's license numbers; the address where petitioner resides; the name of petitioner's employer, medical provider and/or school, together with the address of each applicable location, and shall attach to the petition proof of insurance on a form prescribed by the Court.
The pretrial shall be conducted in accordance with Criminal Rule 17.1 and a memorandum of the matters agreed upon should be filed in said case.
Filing & Service rules
Electronic Filing Rules
Use and filing of computer- or electronically produced citations are permitted.
The use and filing of a ticket (citation) that is produced by computer or other electronic means is hereby authorized in the Campbell Municipal Court.
Page 20 | RULE NO. 31: Electronically Produced Citation
Filing Timing and Cure Windows
If neither a party nor its attorney attends the pretrial, each party must be given a written opportunity no more than two weeks afterward to show cause against dismissal; without good cause, the case will be dismissed without prejudice.
In the event neither party nor their respective attorneys appear for the pre-trial, each party shall, not more than two weeks after said Pre-trial, and in writing, be given an opportunity to show cause as to why said case should not be dismissed for lack of prosecution. Failure to provide such good cause will result in the dismissal of said case without prejudice for want of prosecution.
Page 5 | RULE NO. 5: Civil Pre-trial Conference
Appointed counsel must obtain Court approval before receiving fees and, after discharge by Journal Entry, submit all necessary documentation within 10 days of disposition.
Any attorney appointed by this Court to represent an indigent charged with an offense shall not receive any fees for professional services rendered in connection with said appointment without first securing the approval of this Court, and having been discharged as appointed counsel by Journal Entry, counsel shall submit all necessary documentation within 10 days of disposition in this Court.
Page 6 | RULE NO. 7: Representation of Clients
The request for recording proceedings must be filed before trial.
A request for the recording of any proceedings shall be filed in writing before trial.
Page 8 | RULE NO. 13: Copy of Proceedings
A jury-trial demand in a Forcible Entry and Detainer case must be made at least three days before trial.
(A) • Demand for jury trial in Forcible Entry and Detainer cases must be made in writing not less than three (3) days prior to the date of trial.
Page 9 | RULE NO. 17: Demand for Jury Trial - Forcible Entry and Detainer Cases
A plaintiff's brief, affidavit, or other sworn testimony for the Court's consideration must be filed within seven days after service of a motion for relief from judgment.
(B) Any brief, affidavit or other sworn testimony which plaintiff wishes the Court to consider must be filed within seven (7) days after service of a motion for relief from judgment.
Page 12 | Rule No. 25: Motion for Relief from Judgment
For a settled trial matter, counsel must prepare and sign a journal entry and present it within 30 days after the assigned trial date.
In the event a matter set for trial is settled, counsel for the parties shall prepare and sign a journal entry. Such journal entry shall be presented to the Court no later than thirty (30) days after the date assigned for trial.
Page 13
Counsel must obtain service within 12 months after the action is filed; otherwise, the Clerk will notify counsel that the case will be dismissed in 30 days unless good cause is shown.
If counsel fails to obtain service of summons within twelve (12) months from the date the cause of action has been files, then the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 13 | RULE NO. 27: Case Management in Civil Cases
Opposing counsel must approve or reject the judgment entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 15 | 5. Judgment Entries
A settlement entry may be filed at any time, but if settlement avoids trial without an entry being filed initially, the entry must be filed within thirty days or the case will be dismissed for want of prosecution.
Entries of settlement may be filed at any time. 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 or the case will be dismissed for want of prosecution.
Page 15 | 5. Judgment Entries
The judgment entry must be submitted to opposing counsel within five days of the decision.
That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 15 | 5. Judgment Entries
The judgment entry must be submitted to the judge within fifteen days of the decision; afterward, the court will prepare it upon request of a party or counsel.
Within fifteen (15) days of the decision, the judgment entry shall be submitted to the Judge, or, thereafter, the court will prepare the judgment entry upon request of either party or counsel.
Page 15 | 5. Judgment Entries
After counsel fails to obtain service of summons within six months, the clerk must give ten days’ notice before dismissal, unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 16 | RULE NO. 28: Case management in Special Proceedings (C) Clerical Steps
If a case has had no activity for six months and is not set for trial, the clerk will notify the party that the matter will be dismissed within one week 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 one (1) week unless good cause is shown.
Page 16 | RULE NO. 28: Case management in Special Proceedings (F)
Other special proceedings must be set for hearing within a reasonable time, no later than ninety days.
In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.
Page 16 | RULE NO. 28: Case management in Special Proceedings (B) Scheduling of Events
After service is perfected, counsel must submit an entry within fifteen days to avoid possible dismissal.
Upon perfection of service, the clerk shall notify counsel of said default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 16 | RULE NO. 28: Case management in Special Proceedings (D)
Cases subject to hearing deadlines established by the Ohio Revised Code must be set for hearing within those deadlines.
Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing.
Page 16 | RULE NO. 28: Case management in Special Proceedings (B) Scheduling of Events
Motions must be filed within the time limits 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 17
A copy of the new local rule must be filed immediately with both specified clerks.
The Court orders that a copy of this new Local Rule of Practice be immediately files with the Clerk of Courts and Clerk of the Supreme Court of Ohio.
Page 20 | RULE NO. 31: Electronically Produced Citation
If service fails, the clerk must notify counsel immediately.
In the event there is a failure of service, the clerk shall notify counsel immediately.
Page 13 | RULE NO. 27: Case Management in Civil Cases
Opposing counsel must approve or reject the submitted journal entry within 14 days after receiving it.
who shall approve or reject the same within fourteen (14) days after its receipt by him
Page 13
If a case not set for trial has had no action for about six months, the Clerk must notify the party that dismissal will follow within one week unless good cause is shown.
If no action has been taken on a file for about 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 one (1) week unless good cause is shown.
Page 13 | RULE NO. 27: Case Management in Civil Cases
If a settlement entry marked as forthcoming is not received within 30 days, the Clerk must notify the party that the case will be dismissed unless the entry arrives within 10 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 will be dismissed unless the entry is received within ten (10) days.
Page 13 | RULE NO. 27: Case Management in Civil Cases
After service fails, the Clerk must notify counsel that failing to submit an entry within 30 days may result in dismissal.
Upon failure of service, the Clerk shall notify counsel of the default and that a failure to submit an entry within thirty (30) days may result in the case being dismissed.
Page 13 | RULE NO. 27: Case Management in Civil Cases
If an entry has not been received within thirty days after a file is marked “settlement to follow,” the clerk must notify the judge.
When a file has been marked "settlement to follow" and the entry has not been received within thirty (30) days, then the Clerk shall notify the Judge of such fact for appropriate action.
Page 16 | RULE NO. 28: Case management in Special Proceedings (G)
The opportunity for comment may not extend beyond 14 days after the last published notice.
The Court Administrator of the Campbell Municipal Court is directed to serve a copy of the foregoing Judgement Entry to be published once a week for three (3) consecutive weeks in the Daily Legal News, a newspaper or general circulation in Mahoning County, Ohio there providing appropriate public notice and the opportunity for comment not to exceed fourteen (14) days beyond the last published notice.
Page 20 | RULE NO. 31: Electronically Produced Citation
Service and Proof of Service Rules
The Clerk must notify counsel and unrepresented parties by ordinary mail or facsimile using the address on the pleadings.
Ordinary mail service or facsimile of written notice addressed to counsel of record for each party and each unrepresented party by the Clerk of Court to the address indicated for such attorney of record or party on the pleadings as filed.
Page 5 | RULE NO. 3: Official Notice of Civil and Criminal Proceedings
A motion to withdraw must include proof that it was served on the client.
No attorney shall be permitted to withdraw as counsel in any matter without first moving the Court in writing for such withdrawal. Such motion shall set forth good cause and contain therein proof of service of such motion upon the client.
Page 6 | RULE NO. 7: Representation of Clients
A copy must be mailed to opposing counsel.
and a copy must be mailed to opposing counsel.
Page 7 | RULE NO. 10: Leaves to Plead
The defendant must be served at least five days before trial in a Forcible Entry and Detainer case.
(C) No trial of a Forcible Entry and Detainer case shall be held unless service is had on the defendant at least five (5) days prior to the date set for trial as prescribed in Section 1923.06 R.C.
Page 9 | RULE NO. 16: Trials-Forcible Entry and Detainer Cases
A contempt order may issue only after the debtor has been served with notice to appear and show cause by bailiff or certified mail.
(C) No order of contempt shall be issued except upon personal service of notice by bailiff or by certified mail to appear and show cause upon the debtor against whom such contempt order is sought.
Page 12 | Rule No. 24: Examination of Debtor or Debtor's Debtor Failure of Creditor to Appear
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 13 | RULE NO. 27: Case Management in Civil Cases
In a new case, counsel must obtain service of summons within six months; otherwise, the clerk will notify counsel that the case will be dismissed in ten days unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 16 | RULE NO. 28: Case management in Special Proceedings (C) Clerical Steps
A copy of the petition for limited driving privileges must be certified to the registrar of the Ohio Bureau of Motor Vehicles.
3. In addition thereto, the petitioner shall specify therein the need for limited driving privileges and certify a copy of said petition to the registrar of the Ohio Bureau of Motor Vehicles.
Page 18 | RULE NO. 30: Misce laneous; (A) Petition for Limited Driving Privileges
The Court Administrator must arrange publication of the entry once weekly for three consecutive weeks, with an opportunity for comment lasting no more than 14 days beyond the final publication.
The Court Administrator of the Campbell Municipal Court is directed to serve a copy of the foregoing Judgement Entry to be published once a week for three (3) consecutive weeks in the Daily Legal News, a newspaper or general circulation in Mahoning County, Ohio there providing appropriate public notice and the opportunity for comment not to exceed fourteen (14) days beyond the last published notice.
Page 20 | RULE NO. 31: Electronically Produced Citation
When an electronically produced ticket is issued at the scene, the officer must provide the defendant a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 20 | RULE NO. 31: Electronically Produced Citation
When the Judge orders it, telephone notification of counsel or unrepresented parties is sufficient notice.
Where ordered by the Judge, telephone notification of counsel or unrepresentative parties shall be sufficient notice.
Page 5 | RULE NO. 3: Official Notice of Civil and Criminal Proceedings
The assignment commissioner must give counsel of record notice of a pretrial conference by mail and/or telephone at least 14 days beforehand.
Facsimile notice of pre-trial conference shall be given to all counsel of record by mail and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 14 | RULE NO. 27: Case Management in Civil Cases
Filing Fees and Waivers
A civil action or proceeding will not be accepted for filing until a deposit of at least the filing fees ordered by the presiding judge is made; the court may amend the fees by order.
No civil action or proceedings shall be accepted for filing by the Clerk of Courts unless there first shall be deposited the sum of not less than that of the filing fees ordered by the presiding judge. Such prescribed fees may be amended from time to time by order of the Court.
Page 7 | RULE NO. 12: Filing Fees
In civil cases, a jury demand must be accompanied by the required deposit.
and in civil cases shall be accompanied by the deposit required.
Page 8 | RULE NO. 12: Filing Fees
A jury-trial demand may not be filed without the required deposit and a bond prescribed by law.
(B) A demand for jury trial shall not be filed unless accompanied by a deposit as set forth by these rules and a bond as prescribed by law.
Page 9 | RULE NO. 17: Demand for Jury Trial - Forcible Entry and Detainer Cases
If designated additional court costs are not paid by the Court's deadline for a transfer ordered by the Court or requested by the defendant, the claim returns to the Small Claims docket and cannot later be transferred to the regular docket.
(E) In cases where the claim is to be transferred to the regular docket upon motion of the Court, or upon defendant's motion, and the additional court costs are not paid within the time designated by the Court, the claim shall be returned to the Small Claims docket, and may not thereafter be transferred to the regular docket.
Page 11
The Clerk must not accept a counterclaim exceeding $3,000, excluding costs, unless designated transfer costs are paid.
(D) The Clerk of Court shall not accept for filing a counterclaim in excess of three thousand dollars ($3,000), excluding costs, without payment of court costs designated for transfer of a small claim to the regular docket.
Page 11
When granting a defendant's motion to transfer a claim to the regular docket, the Judge must require payment of designated court costs within the Court-designated time.
(C) At the time of granting a defendant's motion to transfer a claim to the regular docket, the Judge, in addition to any other proper conditions set forth by the Judge, shall require the defendant to pay the designated court costs within the time designated by the Court.
Page 11
A filing fee prescribed by the Court must accompany a petition for limited driving privileges.
2. The petition for limited driving privileges shall be in writing and accompanied by a filing fee as prescribed by the Court.
Page 18 | RULE NO. 30: Misce laneous; (A) Petition for Limited Driving Privileges
An owner-operator’s petition for return or alternate release of a seized vehicle must include a $20 filing fee.
Said petition shall be accompanied by a filing fee of $20.00.
Page 18 | RULE NO. 30: Misce laneous; (B) Release or Return of a Seized Vehicles; By the Owner-Operator
The court adopted the referenced civil, criminal, and traffic court-cost schedules and the traffic violations bureau fines-and-costs schedule, effective April 1, 2008.
IT IS THEREFORE THE JUDGMENT AND ORDER of this Court that the civil, criminal and traffic court costs schedule, together with the schedule of fines and costs where appearance may be waived in the traffic violations bureau contained in Journal 3, Page 131, and Journal 3, Page 141, be and hereby is approved and adopted as supplemental rules of court effective April 1, 2008.
Page 1 | Supplemental Rules of Court Journal Judgments and Orders
Electronic transcripts in felony matters are provided at fees established by court entry.
Electronic transcripts on felony matters shall be provided at such fees as may be established by appropriate entry from the Court.
Page 8 | RULE NO. 13: Copy of Proceedings
A case transferred to the regular docket based on a counterclaim without payment of the designated additional transfer costs may be dismissed by the Court or on a party's motion.
(F) Any case transferred to the regular docket based on a counterclaim without payment of the additional costs designated for transfer of a small claim to the regular docket may be dismissed upon the Court's own motion, or motion of any party.
Page 11
When ordering a case transferred to the regular docket, the Judge may require a party to pay additional costs by a Court-designated time.
(B) If a case is ordered transferred to the regular docket by the Judge, said Judge in addition to any other proper conditions may order a party to pay additional costs within the time designated by the Court.
Page 11
Pre-Motion Conference Requirements
Unless the assigned Judge designates otherwise, motions are heard on the trial date, and trial on the issues follows the ruling unless the motion disposes of the case.
(E) Unless otherwise designated by the Judge to whom the case has been assigned, all motions filed in Forcible Entry and Detainer cases shall be heard on the date set forth for trial. Unless the motion disposes of the case, a trial on the issues shall be had, after ruling on the motion.
Page 9 | RULE NO. 16: Trials-Forcible Entry and Detainer Cases
Opposing counsel must respond in the same manner within 14 days; the motion is then submitted unless the assigned Judge extends the time.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Judge that has been assigned that case.
Page 14 | RULE NO. 27: Case Management in Civil Cases
An oral hearing on a motion may be granted only if a party requests it in writing and the assigned court deems it necessary.
There will be no oral hearings granted in said motions unless either party requests an oral hearing in writing and the assigned court deems it necessary.
Page 14 | RULE NO. 27: Case Management in Civil Cases
Adjournment & Extension Requirements
Criminal cases assigned for trial take priority over civil cases assigned for trial.
Criminal cases assigned for trial have priority over civil cases assigned for trial.
Page 5 | RULE NO. 4: Civil and Criminal Continuances
A court may not grant a continuance unless it first sets a new, definite trial or hearing date.
No court shall grant a continuance to any party at any time without first setting a new and definite date for the trial or hearing Superintendence Rule
Page 5 | RULE NO. 4: Civil and Criminal Continuances
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.
Page 5 | RULE NO. 4: Civil and Criminal Continuances
Continuance motions made within seven calendar days of trial must be denied unless exigent circumstances are shown.
Motions for continuances within seven (7) calendar days of trial shall be denied except upon the showing of exigent circumstances.
Page 5 | RULE NO. 4: Civil and Criminal Continuances
A party seeking a continuance of a trial or hearing must first submit a written motion to the Judge stating the reason.
No party shall be granted a continuance of a trial or hearing without first submitting a written motion with the Judge stating the reason for such request.
Page 5 | RULE NO. 4: Civil and Criminal Continuances
A party eligible for the automatic leave may obtain leave to plead or move for no more than 30 days.
Such leave to plead may not be more than thirty (30) days
Page 7 | RULE NO. 10: Leaves to Plead
Except for the specified automatic and stipulated leaves, leave to plead or move requires a written application to the assigned judge, who must sign an order if granting it.
Except as provided above, leaves to plead or move may only be obtained by written application to the assigned judge who must sign the order if it is granted.
Page 7 | RULE NO. 10: Leaves to Plead
A party may obtain one additional 30-day leave by filing a stipulation that indicates opposing counsel's consent.
One additional leave to plead or move may be obtained by a party for a period of thirty (30) days by filing of a stipulation in which a consent to the leave to plead is had from opposing counsel and so indicated in the stipulation.
Page 7 | RULE NO. 10: Leaves to Plead
A continuance is discretionary; a request for a continuance of a restitution claim must be written, state its grounds, and be submitted at least three days before trial, and the continuance is ineffective until the Judge approves it, subject to any conditions including a required bond.
RULE NO. 18: Continuances - Forcible Entry and Detainer Cases (A) Continuances may be granted at the discretion of the Judge. (B) Any request for a continuance of a cause of action for restitution of premises must be submitted, in writing, not less than three (3) days prior to date of trial. The request must specifically set forth the grounds for the request. (C) The continuance shall not be effective until approved by the Judge, subject to any conditions, including posting of any bond which the Court may require.
Page 10 | RULE NO. 18: Continuances - Forcible Entry and Detainer Cases
A party requesting 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 a hearing without a written motion form the party or his counsel stating the reason for the continuance.
Page 15 | 4.) Continuances
The Court may try other causes filed with a Forcible Entry and Detainer action, but may continue them for good cause, which includes but is not limited to reasons in Section 1923.081 R.C.
(D) Where other causes of action are filed along with the action in Forcible Entry and Detainer, the Court may also include a trial of the other causes of action, unless for good cause shown the Court continues the other causes of action. For purpose of this rule "good cause" shall include, but is not limited to, reasons set forth in Section 1923.081 R.C.
Page 9 | RULE NO. 16: Trials-Forcible Entry and Detainer Cases
A Judge retains discretion to grant a continuance in a small-claims case under the Court's rules.
(B) Nothing in subsection (A) shall deny any Judge the option of exercising his discretion to grant a continuance, in accordance with these rules.
Page 10 | RULE NO. 21: Time for Trial of Small Claim
When counsel has a conflicting trial setting, the case set first has priority; criminal trials take priority over civil trials, and other continuance requests are within the trial court’s discretion.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 15 | 4.) Continuances
The trial Court has discretion to grant or deny other requests to continue a scheduled trial.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial Court.
Page 5 | RULE NO. 4: Civil and Criminal Continuances
Chambers Communication Rules
If a civil case set for trial settles, trial counsel must immediately notify the Court and then file a Rule 27 stipulation of dismissal or other appropriate entry.
If a civil case set for trial is settled, the trial counsel shall immediately notify the Court and thereafter, as provided by Rule 27, file a stipulation of dismissal or other appropriate entry.
Page 6 | RULE NO. 6: Civil Trial Date Assigned