Court Rules

Chardon Municipal Court, Ohio

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Supporting Memorandum
15 pgs
Opposition Memorandum
15 pgs
Reply Memorandum
10 pgs
Facsimile Transmission
10 pgs

Adjournments

  • Further extensions beyond those provided for must be ordered by the assigned Judge or Magistrate and requested by written motion stating the number and total length of prior extensions.
  • A party with no prior leave to plead may obtain one automatic leave of up to 28 days by filing a certification and serving a copy on opposing counsel.
  • A party may obtain one additional leave of up to 28 days by filing a stipulation showing opposing counsel's consent and certifying the number and total length of prior extensions.
  • +8 more

Request must include

Number of Previous RequestsAdversary PositionReason for Request
  • A continuance motion based on conflicting trial assignments must include a copy of the conflicting assignment and be filed at least 30 days before trial.
Filters:

Page & Word Limits4 rules

Page LimitsMandatory

Supporting memoranda are limited to 15 pages, excluding the listed materials; a longer memorandum requires prior leave of Court.

Page limit
Up to 15 pages

Excluded from page count

  • Table of contents
  • Table of authorities
  • Appendices

Exception

More pages with leave of court

Court's wording

No memorandum shall exceed fifteen (15) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court.

Page LimitsMandatory

Opposition memoranda are limited to 15 pages, excluding the listed materials; a longer memorandum requires prior leave of Court.

Opposition memorandum
Up to 15 pages

Excluded from page count

  • Table of contents
  • Table of authorities
  • Appendices

Exception

More pages with leave of court

Court's wording

No memorandum in opposition shall exceed fifteen (15) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any except by prior leave of the Court.

Page LimitsMandatory

Reply memoranda are limited to 10 pages, excluding the listed materials, unless the Court grants prior leave.

Reply memorandum
Up to 10 pages

Excluded from page count

  • Table of contents
  • Table of authorities
  • Appendices

Court's wording

Except upon prior leave of the court, no reply memorandum shall exceed ten (10) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any.

Page LimitsMandatory

C. The facsimile shall not be longer than 10 pages.

Page limit
Up to 10 pages

Document Format Requirements11 rules

FormattingMandatory

Court-prescribed and approved forms must reserve adequate top-right space for endorsements or file stamps and have proportional side and bottom margins.

Court's wording

Forms prescribed and approved by the Court in a form format shall reserve an adequate space in the top right-hand corner for endorsements or file stamps and shall have appropriate side and bottom margins proportional with the format of the form or document.

Local-Rules-01 01 18 · Jan 2018 · p. 7
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — B. Size of Documents, Pagination and Heading Requirement
FormattingMandatory

Filed pleadings, motions, briefs, and similar documents must meet the stated typeface, spacing, paper-size, pagination, and margin requirements.

Font size
12 points
Line spacing
Double
Margins
1 inch
Paper size
Letter
Applies to
  • Pleading
  • Motion
  • Brief
  • Similar document

Formatting

  • Documents must be typewritten or printed and paginated sequentially

Court's wording

All pleadings, motions, briefs and other similar documents that are filed with the Clerk shall be typewritten or printed, double spaced, on 8 1/2 " x 11" paper, in at least a 12 point regular type font, and paginated sequentially. In all filings a blank space of at least one and one-half inches shall be left at the top of the first page for endorsements and shall have appropriate side and bottom margins of not less than one inch. Forms prescribed and approved by the Court in a form format shall reserve an adequate space in the top right-hand corner for endorsements or file stamps and shall have appropriate side and bottom margins proportional with the format of the form or document. Each consecutive page shall have appropriate top, bottom, and side margins of not less than one inch.

Local-Rules-01 01 18 · Jan 2018 · p. 7
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — B. Size of Documents, Pagination and Heading Requirement
FormattingMandatory

Request for Civil Jury Trial must be in writing and requires a deposit and fee to secure trial date.

Applies to
  • Jury trial request

Formatting

  • The request must be in writing
Local-Rules-01 01 18 · Jan 2018 · p. 24
|SectionRule 31. Requests for Jury Trial
FormattingMandatory

All exhibits shall be marked with an appropriate exhibit number.

FormattingMandatory

Oversized demonstrative exhibits, such as presentation boards, shall be substituted with a duplicate 8 1/2 " x 11" exact copy, which shall be provided by counsel introducing such exhibits, and shall be clearly marked with the exhibit number.

Paper size
Letter
Applies to
  • Oversized demonstrative exhibits

Formatting

  • Substitute an oversized demonstrative exhibit with an exact duplicate copy
  • Counsel introducing the exhibit must provide the copy
FormattingMandatory

2. Ensure that the format of the electronic version of the deposition is compatible with the Court’s presentation equipment;

Local-Rules-01 01 18 · Jan 2018 · p. 30
|SectionRule 36. Deposition Testimony
FormattingMandatory

The parties shall prepare their trial exhibits prior to the hearing; Plaintiffs shall use numbers, and Defendants shall use letters.

Formatting

  • Trial exhibits must be prepared prior to the hearing
  • Plaintiffs must use numbers for exhibits
  • Defendants must use letters for exhibits
Local-Rules-01 01 18 · Jan 2018 · p. 31
|SectionRule 37. Trial and Hearing Rules
FormattingMandatory

Claims for forcible entry and detainer and claims for past due rent and money damages must be filed as separate counts in a single complaint and the court shall hear each count separately.

Local-Rules-01 01 18 · Jan 2018 · p. 34
|SectionRule 47. Forcible Entry and Detainer Actions
FormattingMandatory

The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.

Local-Rules-01 01 18 · Jan 2018 · p. 35
|SectionRule 50.1 Use of Electronically Produced Tickets/Citations
FormattingNote

Each attorney should mark his or her own anticipated exhibits, plaintiff taking numbers 1, 2, 3, etc., and defendants taking letters A, B, C, etc.

FormattingNote

Each party should date and initial the exhibits of the other side at the time of the examination.

Document Filing Requirements74 rules

Filing RequirementsMandatory

A party seeking stenographic recording must file a written motion asking that the court reporter be named the official reporter for the hearing.

Court's wording

In the event a party desires recording by stenographic means, such party must arrange for the presence and advance payment of a court reporter and further file a written motion requesting that such individual be named as the official reporter for the hearing.

Local-Rules-01 01 18 · Jan 2018 · p. 4
|SectionRule 4. Recording of Proceedings
Filing RequirementsMandatory

Although no special form of application is required, it must identify and be signed by the applicant and specify the type of equipment to be used.

Local-Rules-01 01 18 · Jan 2018 · p. 5
|SectionRule 5. Conditions for Recording and/or Broadcasting Proceedings
Filing RequirementsMandatory

Counsel or a pro se party seeking a private official court reporter must file a motion requesting the appointment.

Court's wording

Counsel or a pro se party must file with the court a motion to designate an official court reporter in which counsel or a pro se party requests the court appoint a private court reporting firm as the official court reporter for the purpose of reviewing the electronic recordings of proceedings and transcribing the testimony.

Filing RequirementsMandatory

All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio on all papers filed with the Court.

Local-Rules-01 01 18 · Jan 2018 · p. 7
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — D. Attorney Registration Number
Filing RequirementsMandatory

The Clerk shall not accept for filing any document that must be served by the Clerk upon counsel or parties which does not designate their names and addresses.

Local-Rules-01 01 18 · Jan 2018 · p. 7
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — C. Documents Requiring Service or Notice
Filing RequirementsMandatory

Documents requiring service or notice by the Clerk must include the relevant parties’ addresses in the caption, or state that an address is unknown if it is in fact unknown.

Document
Document requiring clerk service or notice
Placement
Caption

Court's wording

All documents requiring service or notice by the Clerk upon filing shall: a) Include the address of the plaintiffs, defendants, or third parties in the caption of the document; or b) Indicate that the addresses of the plaintiffs, defendants or third parties are unknown if such addresses are in fact unknown.

Local-Rules-01 01 18 · Jan 2018 · p. 7
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — C. Documents Requiring Service or Notice
Filing RequirementsMandatory

In addition, the Clerk shall not accept a civil filing without instructions for service unless an attorney has obtained permission signed by the assigned judge or magistrate to defer service of summons for a specific period of time.

Local-Rules-01 01 18 · Jan 2018 · p. 7
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — C. Documents Requiring Service or Notice
Filing RequirementsMandatory

A redacted copy must display the prescribed caption wording and the notation “redacted” wherever information was removed.

Document
Redacted copy
Placement
Caption

Court's wording

1. The redacted copy will indicate in the caption, above the title of the action, “Redacted Copy, Personal and Private Information Redacted.” 2. The redacted copy of the document will have the notation “redacted” at all places in the document where such information was removed.

Local-Rules-01 01 18 · Jan 2018 · p. 8
|SectionRule 6. Filing and Removal of Papers from Custody of Clerk — E. Personal and Private Information in Documents Filed with the Clerk
Filing RequirementsMandatory

A party initiating a civil action who seeks a waiver of filing charges must submit a Poverty Affidavit on the Court's prescribed form.

Court's wording

If the party initiating a civil action believes that he/she is unable to pay the costs of filing a complaint in a civil action, a counterclaim and/or a third party claim, then such person shall submit a Poverty Affidavit on the form prescribed by the Court requesting to have such charges waived.

Local-Rules-01 01 18 · Jan 2018 · p. 10
|SectionRule 8. Poverty Affidavit
Filing RequirementsMandatory

The caption of all initial pleadings shall contain the information required by Rule 10(A) of the Ohio Rules of Civil Procedure.

Document
Initial pleading
Placement
Caption
Local-Rules-01 01 18 · Jan 2018 · p. 10
|SectionRule 10. Pleadings and Motions
Filing RequirementsMandatory

All pleadings filed subsequent to the initial pleading shall specify: 1. Case number; 2. The name of the Judge or the name of the Magistrate the case is assigned to. 3. The name, address and telephone number of the attorney who is making the filing and the attorney registration number. The attorney's facsimile number should be included if available; 4. The name, address and telephone number of each pro se litigant.

Document
Subsequent pleading

Must include

  • Judge name
  • Case number
Local-Rules-01 01 18 · Jan 2018 · p. 11
|SectionB. Pleadings Filed Subsequent to the Initial Pleading
Filing RequirementsMandatory

Moving parties must file and serve motions with a brief written memorandum stating the grounds, requested relief, and supporting authorities.

Court's wording

All moving parties shall file and serve their motions with the following: 1. A brief written memorandum which shall: a) State with particularity the grounds in support of the motion; b) Set forth the relief or order sought; c) Specify the citations of the authorities upon which the motion is based.

Filing RequirementsMandatory

Copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.

Filing RequirementsMandatory

Application for leave to file a longer memorandum shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum that exceeds the limits imposed by this rule.

Filing RequirementsMandatory

All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them.

Filing RequirementsMandatory

Be accompanied by copies of all photographs or documentary evidence that will be used in opposition to the motion if the motion requires the consideration of facts that do not appear in the record.

Filing RequirementsMandatory

A party's failure to file a Motion in Limine, in accordance with this rule, challenging the qualifications and/or anticipated testimony of the expert witness properly identified by another party, shall constitute a waiver of the right to challenge the qualifications of the expert witness at trial.

Local-Rules-01 01 18 · Jan 2018 · p. 12
|SectionD. Motions in Limine challenging qualifications of proposed expert witnesses
Filing RequirementsMandatory

The reply memorandum shall be restricted to matters in rebuttal of the memorandum in opposition.

Filing RequirementsMandatory

Application for leave to file a longer memorandum shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum that exceeds the limits imposed by this rule.

Filing RequirementsMandatory

A motion in limine challenging an identified expert must set forth the facts and law supporting disqualification.

Court's wording

Prior to the Final Pretrial Conference, a party that wishes to challenge the qualifications of an expert witness identified by another party, must file a Motion in Limine setting forth the facts and law in support of the Motion to disqualify the expert from testifying.

Local-Rules-01 01 18 · Jan 2018 · p. 12
|SectionD. Motions in Limine challenging qualifications of proposed expert witnesses
Filing RequirementsMandatory

A fax filer must provide a cover page with the case, court, document, transmission, filer, attorney, and cost-submission information specified in the rule.

Document
Fax filing

Must include

  • Judge name
  • Case number

Court's wording

B. The person filing a document by fax shall also provide a cover page containing the following information: 1. Name of Court; 2. Title of Case; 3. Case Number; 4. Assigned Judge; 5. Title of Document being Filed; 6. Date of Transmission; 7. Transmitting Fax Number; 8. An indication of the number of pages included in the transmission, including the cover page; 9. An indication that a judge or case number has not been assigned, if applicable; 10. Name, Address, Telephone Number, Fax Number, and, if applicable, the E-Mail Address of Person Filing the Fax Document; 11. For an Attorney, his or her Ohio Supreme Court Registration Number and Firm Name, if any; and 12. A Statement explaining the manner in which costs are being submitted, if applicable.

Filing RequirementsMandatory

A separately filed missing exhibit must have a subsection (B) cover sheet and must be signed and served under the rules governing pleadings.

Court's wording

2. Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection (B) of this rule, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in the court.

Filing RequirementsMandatory

E. Each exhibit to a facsimile-produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

Filing RequirementsMandatory

An attorney representing a party on the record at arraignment or felony bond setting must also submit a written Notice of Appearance to be acknowledged as attorney of record.

Court's wording

Attorneys are required to submit a written Notice of Appearance in addition to any personal appearance for arraignment or felony bond setting in which representation is made on the record. The court will not acknowledge the attorney present will be attorney of record without written notice.

Local-Rules-01 01 18 · Jan 2018 · p. 15
|SectionRule 12. Appearance and Withdrawal of Counsel
Filing RequirementsMandatory

Entries of appearance must be written, and retained counsel must file a Notice of Appearance containing the seven listed items.

Court's wording

All entries of appearance of counsel in an action shall be in writing. Retained counsel in all cases shall file a Notice of Appearance which shall contain the following: 1. Attorney's Name and Signature; 2. Supreme Court Registration Number; 3. Business Address; 4. Telephone Number; 5. Fax Number; 6. E-mail Address; 7. Party or Parties’ Attorney Represents.

Local-Rules-01 01 18 · Jan 2018 · p. 15
|SectionRule 12. Appearance and Withdrawal of Counsel
Filing RequirementsMandatory

Counsel may withdraw only with written leave of court for good cause shown, requested by written motion; the Court may permit withdrawal.

Court's wording

Once an appearance is made, counsel may withdraw from a case only by written leave of court for good cause shown. It is contemplated that counsel who has entered an appearance in a case shall remain in the case until concluded. However, upon written motion for leave to withdraw from the action for good cause shown, the Court may permit counsel to withdraw.

Local-Rules-01 01 18 · Jan 2018 · p. 15
|SectionRule 12. Appearance and Withdrawal of Counsel
Filing RequirementsMandatory

In such case, counsel shall certify that the client and all other counsel-of-record have been notified.

Local-Rules-01 01 18 · Jan 2018 · p. 15
|SectionRule 12. Appearance and Withdrawal of Counsel
Filing RequirementsMandatory

Information set forth in the initial Notice of Appearance which is subsequently changed, such as attorney or address, shall be immediately reported by the filing of a new Notice of Appearance.

Local-Rules-01 01 18 · Jan 2018 · p. 15
|SectionRule 12. Appearance and Withdrawal of Counsel
Filing RequirementsMandatory

Papers subsequently submitted to the Clerk for filing shall contain the same information as set forth above.

Local-Rules-01 01 18 · Jan 2018 · p. 15
|SectionRule 12. Appearance and Withdrawal of Counsel
Filing RequirementsMandatory

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case.

Local-Rules-01 01 18 · Jan 2018 · p. 16
|SectionRule 13. Leaves to Plead
Filing RequirementsMandatory

The stipulation for an additional leave to plead must indicate opposing counsel's consent and certify the number and total length of prior extensions.

Court's wording

One additional leave to plead may be obtained by a party for a period of not more than twenty-eight (28) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead. In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions.

Local-Rules-01 01 18 · Jan 2018 · p. 16
|SectionRule 13. Leaves to Plead
Filing RequirementsMandatory

A continuance motion based on conflicting trial assignments must attach a copy of the conflicting assignment.

Court's wording

The Court will not entertain any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto and the motion is filed not less than thirty days prior to trial.

Local-Rules-01 01 18 · Jan 2018 · p. 16
|SectionRule 14. Continuance of Trial or Hearing
Filing RequirementsMandatory

Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

Local-Rules-01 01 18 · Jan 2018 · p. 16
|SectionRule 13. Leaves to Plead
Filing RequirementsMandatory

Attorneys who wish to be appointed to represent indigent defendants shall submit a resume and letter

Local-Rules-01 01 18 · Jan 2018 · p. 16
|SectionRule 16. Application Procedure for the Approved Counsel List
Filing RequirementsMandatory

Judicial-release and other post-conviction motions must be submitted on a separate fee application.

Court's wording

Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within thirty (30) days of the date of the entry of the judge's decision.

Local-Rules-01 01 18 · Jan 2018 · p. 17
|SectionRule 18. Procedure for Submission of Fee Applications
Filing RequirementsMandatory

Counsel must maintain specified time records for each appointed case and provide them to the Court upon request.

Court's wording

In accordance with Ohio Public Defender Standards and Guidelines for Appointed Counsel Reimbursement, Section I(F)(2), counsel is required to prepare and maintain time records for each appointed case, showing the date of service, nature of services rendered, and hours worked. Time records shall be provided to the Court upon request.

Local-Rules-01 01 18 · Jan 2018 · p. 17
|SectionRule 18. Procedure for Submission of Fee Applications
Filing RequirementsMandatory

All appointments shall be made by entry prepared by the court and signed by the judge assigned to hear the case.

Local-Rules-01 01 18 · Jan 2018 · p. 17
|SectionRule 17. Procedure for Appointment of Counsel
Filing RequirementsMandatory

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within thirty (30) days from the date of the final hearing.

Local-Rules-01 01 18 · Jan 2018 · p. 17
|SectionRule 18. Procedure for Submission of Fee Applications
Filing RequirementsMandatory

Except for charges listed in subsection C, counsel may satisfy the defendant’s initial-appearance requirement by filing a letter or notice of appearance before the appearance date that includes the four specified items.

Court's wording

The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant with the exception of charges listed in (C) by filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following: 1. Notice of Appearance; 2. Plea on the defendant’s behalf; 3. Waiver of the time for speedy trial; 4. Request that a pretrial be set.

Local-Rules-01 01 18 · Jan 2018 · p. 20
|SectionRule 21. Appearance of the Defendant
Filing RequirementsMandatory

An accused seeking return of excess bail must identify themself before the Clerk under oath and in writing; the form must identify the amount applied and the purpose, and the written record must be filed in the case.

Court's wording

When the accused who deposited the bail or securities initially with the Clerk is released and discharged of such bail pursuant to R.C. 2937.40, then in such cases all or some portion of the deposited bail shall be applied towards the payment of court costs, any penalty or fine as may be assessed against such accused, and monies left over as excess thereafter will be returned to the accused only after proper identification is made before the Clerk and under oath and in written form that the accused is in fact the person to apply for such bail. Such accused shall be provided a form identifying the amount of such bail previously applied and identify one of the purposes set out above to which such bail is directed. The written record of such activity by the accused shall be filed with the record of the case.

Local-Rules-01 01 18 · Jan 2018 · p. 20
|SectionRule 20. Bond Deposits
Filing RequirementsMandatory

Applying a third-party depositor’s bail toward the accused’s penalties, fines, or costs requires the depositor’s express written authorization under oath before the Clerk, and the release record must be filed in the case.

Court's wording

The Clerk of Courts shall not apply any portion of the deposited bail towards the satisfaction of any penalty, fine or court costs as may be assessed upon that person's conviction or plea, unless the person other than the accused who initially deposited such bail with the Clerk, expressly and in written form and under oath before the Clerk authorizes such release of the deposited bail in full or in part and for one of the above designated purposes. The record of such release in regard to the application of such deposited cash or securities shall be filed with the record of the case. The Clerk of Courts shall provide appropriate forms to the satisfaction of the Clerk addressing such release of the deposited bail towards payment of any charges as aforesaid.

Local-Rules-01 01 18 · Jan 2018 · p. 20
|SectionRule 20. Bond Deposits
Filing RequirementsMandatory

Waivers in person or by mail must be accompanied by proof of financial responsibility which must have been in effect on the date of the violation.

Local-Rules-01 01 18 · Jan 2018 · p. 22
|SectionRule 23. Violations Bureau
Filing RequirementsMandatory

The Itemized Evidence Inventory must contain the caption, case number, judge or magistrate, bailiff, counsel, exhibit numbers, identification and admission status, a brief description of each exhibit, and an annotation if an exhibit was photographed and returned.

Court's wording

The bailiff shall complete an Itemized Evidence Inventory (“Inventory”), which shall contain the following information: a) Caption; b) Case number; c) Judge or Magistrate; d) Bailiff; e) Counsel; f) Each exhibit number; g) Whether each exhibit was identified; h) Whether each exhibit was admitted; i) A brief description of each exhibit; and, j) An annotation if the exhibit was photographed and returned.

Filing RequirementsMandatory

Each party's exhibits shall be enumerated on separate Inventory lists.

Filing RequirementsMandatory

Upon satisfaction of the foregoing conditions, the bailiff shall file an Order of Destruction, signed by the trial judge, magistrate or hearing officer.

Local-Rules-01 01 18 · Jan 2018 · p. 26
|SectionDisposition of Evidence
Filing RequirementsMandatory

Any request to hold the pretrial conference by phone made after the status report hearing, shall be in writing, shall indicate that the requesting party has contacted opposing parties, and received their consent, and shall be filed no later than seven days before the scheduled pretrial.

Local-Rules-01 01 18 · Jan 2018 · p. 26
|SectionRule 33. Civil Pre-Trial Procedures
Filing RequirementsMandatory

Persons requesting exhibits must present an Entry Granting Request to Release, View, Copy or Listen to Evidence form, signed by a judge and presented to the bailiff.

Filing RequirementsMandatory

The Court has sent a file-stamped notification to the party and/or attorney of record who submitted the exhibits indicating: a) The exhibits shall be destroyed if not retrieved within sixty (60) days from the date of written notification; and, b) The information as to where and when exhibits may be retrieved.

Local-Rules-01 01 18 · Jan 2018 · p. 26
|SectionDisposition of Evidence
Filing RequirementsMandatory

Trial counsel must file a pretrial statement covering applicable listed matters unless the court orders otherwise in a pretrial order.

Court's wording

At least seven (7) days prior to the pretrial conference, trial counsel for each of the parties shall file a pretrial statement. Unless otherwise ordered by pretrial order from the court, each pretrial statement shall contain a statement from trial counsel covering those of the following items as are appropriate to the pending litigation:

Filing RequirementsMandatory

3. Exchange of Medical and Expert Reports: Trial counsel for each of the parties shall advise the court of the expert or medical witnesses that counsel expects to testify at trial.

Filing RequirementsMandatory

The pretrial statement must list anticipated existing exhibits and anticipated exhibits not in counsel's possession; listed documents, except medical, drug, and hospital expenses, must be presented to the court at pretrial.

Court's wording

5. Exhibits: Trial counsel shall set forth those exhibits in existence which counsel expects to introduce during the trial of the case, such as photographs, plots, deeds, medical bills or expenses, etc. Except for medical, drug and hospital expenses, all listed documents shall be presented to the court at pretrial. Counsel shall also list those exhibits not in counsel's possession, which counsel expects to introduce at trial such as x-rays, diagrams, etc.

Filing RequirementsMandatory

4. Special Damages: Where appropriate, trial counsel shall list all special damages and shall furnish to opposing counsel verification of these damages. Where lost wages or impairment of earning capacity are claimed, the basis on which the claim will be proven (i.e. testimony of the party, employee, etc.), shall be set forth.

Filing RequirementsMandatory

1. Discovery: Counsel shall advise the court of the status of discovery and, if not completed and a cut-off date for discovery has not been exceeded, counsel shall advise the court of the additional discovery anticipated and the time necessary to complete it.

Filing RequirementsMandatory

2. The Status of Settlement Negotiations: Trial counsel shall advise the court of demands for, or offers of, settlement to date or the current status of settlement negotiations.

Filing RequirementsMandatory

Counsel shall furnish the bailiff and the court with a list identifying each exhibit with the accompanying identifying number or letter.

Filing & Service rules

Electronic Filing Rules

Pleadings, motions, and other documents may be faxed to the stated number, except original complaints, pleadings joining or adding a party, and documents requiring a filing fee, subject to the rule's conditions.

All pleadings, motions, or other documents other than the original complaint or any other pleading that joins or adds a new party, and documents requiring a filing fee, may be transmitted to the court by facsimile transmission, to (440) 286-2679, subject to the conditions set forth in this rule.

Page 13 | Rule 11. Facsimile Filing

Fax filings must be transmitted through the Clerk's facsimile equipment and may not be sent directly to the Court for filing.

1. Fax filing may only be transmitted directly through the facsimile equipment operated by the clerk and may not be sent directly to the court for filing.

Page 14 | Rule 11.F.1

The Chardon Municipal Court authorizes the use and electronic filing of tickets or citations produced by computer or other electronic means.

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

Page 35 | Rule 50.1 Use of Electronically Produced Tickets/Citations

Filing Timing and Cure Windows

A written application to the assigned judge for permission to record or broadcast must be made as early as reasonably practical and at least one-half hour before the proceeding, unless the judge permits otherwise.

Application for permission to record and/or broadcast proceedings shall be made in writing to the assigned judge as far in advance as reasonably practical, but in no event less than one- half hour prior to the proceeding unless otherwise permitted by the judge.

Page 5 | Rule 5. Conditions for Recording and/or Broadcasting Proceedings

The Clerk may not accept or docket an entry until the appropriate Judge or Magistrate approves it.

No entry shall be accepted or docketed by the Clerk until it is approved by the appropriate Judge or Magistrate.

Page 7 | Rule 6. Filing and Removal of Papers from Custody of Clerk — A. Duties of Clerk

An opposition memorandum must be filed and served within 14 days after notice of the motion is received.

Be filed and served within fourteen (14) days from the time notice of the motion was received.

Page 11 | C. Motions

Moving parties may file a reply memorandum to the opposing party's memorandum in opposition to the motion. The reply brief must be filed within ten (10) days from the time notice of the opposing party's memorandum in opposition to the motion was received. If no memorandum is filed within this time limit, the motion may be decided forthwith.

Moving parties may file a reply memorandum to the opposing party's memorandum in opposition to the motion. The reply brief must be filed within ten (10) days from the time notice of the opposing party's memorandum in opposition to the motion was received. If no memorandum is filed within this time limit, the motion may be decided forthwith.

Page 12 | C. Motions

A party challenging another party’s identified expert must file a motion in limine before the Final Pretrial Conference.

Prior to the Final Pretrial Conference, a party that wishes to challenge the qualifications of an expert witness identified by another party, must file a Motion in Limine setting forth the facts and law in support of the Motion to disqualify the expert from testifying.

Page 12 | D. Motions in Limine challenging qualifications of proposed expert witnesses

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

F. Subject to the provisions of these rules, all documents sent by fax and accepted by the clerk shall be considered filed as of the date and time the clerk time-stamps the document received, rather than as of the date and time of the fax transmission.

Page 14 | Rule 11.F

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

1. Unless otherwise directed by court order, the missing exhibit shall be filed as a separate document not later than five days following the transmission of the fax document. Failure to file the same shall result in the court striking the document and/or exhibit in its sole discretion.

Page 14 | Rule 11.E.1

When no other law or rule fixes the deadline, a response must be filed by the 14th day after service of the paper requiring the response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper, shall be filed and served on or before the 14th day after the date of service of the pleading, motion, or other paper, requiring the response.

Page 16 | Rule 15. Rule Days Not Fixed by Law

A reply to the response must be filed by the seventh day after service of the response.

Any reply to said response shall be filed and served on or before the seventh day after the date of service of the response.

Page 16 | Rule 15. Rule Days Not Fixed by Law

The separate fee application for judicial-release and other post-conviction motions is due within 30 days after the judge’s decision entry.

Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within thirty (30) days of the date of the entry of the judge's decision.

Page 17 | Rule 18. Procedure for Submission of Fee Applications

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within thirty (30) days from the date of the final hearing. Fee applications submitted outside the thirty-day (30) guideline shall be subject to a reduction of the amount requested at the discretion of the judge assigned to hear the case.

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within thirty (30) days from the date of the final hearing. Fee applications submitted outside the thirty-day (30) guideline shall be subject to a reduction of the amount requested at the discretion of the judge assigned to hear the case.

Page 17 | Rule 18. Procedure for Submission of Fee Applications

For charges not listed in subsection C, counsel choosing this alternative must file the letter or notice of appearance before the date of the initial appearance.

The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant with the exception of charges listed in (C) by filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following: 1. Notice of Appearance; 2. Plea on the defendant’s behalf; 3. Waiver of the time for speedy trial; 4. Request that a pretrial be set.

Page 20 | Rule 21. Appearance of the Defendant

A request made after the status report hearing to hold the pretrial conference by phone must be filed no later than seven days before the scheduled pretrial.

Any request to hold the pretrial conference by phone made after the status report hearing, shall be in writing, shall indicate that the requesting party has contacted opposing parties, and received their consent, and shall be filed no later than seven days before the scheduled pretrial.

Page 26 | Rule 33. Civil Pre-Trial Procedures

Each party's trial counsel must file a pretrial statement at least seven days before the pretrial conference.

At least seven (7) days prior to the pretrial conference, trial counsel for each of the parties shall file a pretrial statement.

Page 27 | C

Unless the Court orders otherwise, a deposition may not be filed before the later of the pretrial-statement filing deadline or seven days before trial.

1. In addition to the requirements of Rule 13 of the Rules of Superintendence for the Courts of Ohio, unless otherwise ordered by the Court, no deposition shall be filed prior to the deadline for filing of any pretrial statement or seven (7) days prior to trial, whichever is later.

Page 30 | Rule 36. Deposition Testimony

When a trial brief is required by court order, each party’s counsel must file a copy with the clerk at least seven days before trial.

Where a trial brief is required by order of court, counsel for each party shall file a copy with the clerk at least seven days prior to the commencement of trial.

Page 34 | Rule 45. Trial Briefs and Jury Instructions

At the conclusion of the first-count hearing, the judge or magistrate must file a judgment entry and have a copy served on all parties.

At the conclusion of the hearing on the first count, the judge or magistrate shall file a judgment entry and cause a copy to be served upon all parties.

Page 34 | Rule 47. Forcible Entry and Detainer Actions

In jury cases, parties seeking specific instructions must file proposed jury instructions with the clerk and serve opposing counsel at least seven days before trial.

In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

Page 34 | Rule 45. Trial Briefs and Jury Instructions

Every CR. 41(A) dismissal must be presented to the court for termination before it is filed, whether or not the judge has signed it.

All CR. 41(A) dismissals, whether or not signed by the judge, must be presented to the court for termination before filing.

Page 34 | Rule 43. Notice Of Settlement

A jury demand in a forcible entry and detainer action must be filed no later than three business days before trial.

F. Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the trial date.

Page 35 | Rule 47. Forcible Entry and Detainer Actions

The Court may allow a motion in limine before trial when an expert’s qualifications or expected testimony were inadequately described or in other cases at the Court’s discretion.

In cases where a party has not sufficiently described the qualifications of an expert witness expected to testify at trial, or has not provided an adequate summary of the expert witness' expected testimony, or in other cases at the discretion of the Court, the Court may allow a Motion in Limine to be filed before Trial.

Page 12 | D. Motions in Limine challenging qualifications of proposed expert witnesses

A defendant charged with an offense eligible for processing by the Violations Bureau may use the bureau’s listed procedures at any time before arraignment.

At any time prior to arraignment, a defendant charged with an offense that can be processed by the violations bureau may:

Page 22 | Rule 23. Violations Bureau

If default judgment is denied, the Court will explain the reason and allow time to resubmit an amended motion.

If the default is denied, the Court will notify the Plaintiff and/or Plaintiff’s counsel as to the reason of the denial and allow a time frame for resubmission of an amended motion for default judgment.

Page 29 | Rule 34. Default Judgment

Service and Proof of Service Rules

Every paper filed with the Clerk, Court, a Judge, or a Magistrate shall be served upon all opposing counsel and upon all parties not represented by counsel. Proof of service in writing shall be shown on or attached to the paper, or on a separate paper. No paper delivered to the Clerk, Court, Judge, or Magistrate without a certificate of service shall be considered by any Judge or Magistrate except trial briefs where it has been agreed by counsel that they shall not be exchanged.

Every paper filed with the Clerk, Court, a Judge, or a Magistrate shall be served upon all opposing counsel and upon all parties not represented by counsel. Proof of service in writing shall be shown on or attached to the paper, or on a separate paper. No paper delivered to the Clerk, Court, Judge, or Magistrate without a certificate of service shall be considered by any Judge or Magistrate except trial briefs where it has been agreed by counsel that they shall not be exchanged.

Page 12 | F. Service of papers

A separately filed missing exhibit must be served under the rules governing service of pleadings.

2. Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection (B) of this rule, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in the court.

Page 14 | Rule 11.E.2

Notice to parties must be mailed to the address on the pleadings or the Clerk's record of return of service.

Notice to parties shall be mailed to the address on the pleadings or the Clerk's record of return of service.

Page 15 | Rule 12. Appearance and Withdrawal of Counsel

The Court must send written notice of hearing dates to counsel and unrepresented parties, and to represented parties if ordered, unless it gave oral notice at a prior proceeding.

Unless oral notice is provided by the Court at a prior proceeding, the Court shall send written notice of all hearing dates to counsel and unrepresented parties and represented parties if so ordered.

Page 15 | Rule 12. Appearance and Withdrawal of Counsel

Notice to counsel must be sent to the address on the pleadings or the mailbox in the Clerk’s Office.

Notice to counsel shall be at the address on pleadings or the mailbox in the Clerk’s Office.

Page 15 | Rule 12. Appearance and Withdrawal of Counsel

After counsel appears, all documents filed with the court and court entries must be served upon that counsel.

Upon the entry of appearance of counsel, all documents filed with the court and entries of the Court shall be served upon said counsel.

Page 15 | Rule 12. Appearance and Withdrawal of Counsel

A reply to the response must be served by the seventh day after service of the response.

Any reply to said response shall be filed and served on or before the seventh day after the date of service of the response.

Page 16 | Rule 15. Rule Days Not Fixed by Law

A copy of the certification for a first automatic leave to plead must be served on opposing counsel.

A copy of the certification must be served upon opposing counsel.

Page 16 | Rule 13. Leaves to Plead

When no other law or rule fixes the deadline, a response must be served by the 14th day after service of the paper requiring the response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper, shall be filed and served on or before the 14th day after the date of service of the pleading, motion, or other paper, requiring the response.

Page 16 | Rule 15. Rule Days Not Fixed by Law

A party seeking to modify bail must apply to the Court and give the adverse party notice before filing the application; the decision must be by entry.

When the amount of bail has been fixed in a criminal case in a court other than the Court of Common Pleas, and either the State or the defendant desires to modify the amount or conditions thereof, such party shall make application to the Court. Notice shall be given to the adverse party prior to the filing of such application. The decision on the application shall be by entry.

Page 19

Before the pretrial statement, counsel must furnish opposing counsel each expert's written report or, if unavailable, a summary, and identify the experts and whether reports were forwarded or why they were not furnished.

A copy of each expert's written report or a summary of the expert's reports where no written report is available to counsel shall be furnished to opposing counsel prior to pretrial statement, along with the name of each expert from whom a report was received and a statement or notation that a copy was forwarded to opposing counsel or a statement as to why a report was not furnished.

Page 27 | C.3

For a second count seeking money damages, the judge or magistrate must file a judgment entry and have a copy served on all parties.

If a second count for money damages has been filed, the hearing on the same shall be scheduled within sixty days of the hearing on the first count. The judge or magistrate shall file a judgment entry and cause a copy to be served upon all parties.

Page 34 | Rule 47. Forcible Entry and Detainer Actions

In jury cases, proposed jury instructions must be served on opposing counsel at least seven days before trial.

In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

Page 34 | Rule 45. Trial Briefs and Jury Instructions

A copy of the judgment entry following the first-count hearing must be served on all parties.

At the conclusion of the hearing on the first count, the judge or magistrate shall file a judgment entry and cause a copy to be served upon all parties.

Page 34 | Rule 47. Forcible Entry and Detainer Actions

If an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with 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 35 | Rule 50.1 Use of Electronically Produced Tickets/Citations

Notice of a jury demand in a forcible entry and detainer action must be given to all parties no later than three business days before trial.

F. Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the trial date.

Page 35 | Rule 47. Forcible Entry and Detainer Actions

Virtual service is subject to review or challenge under Civil Rule 4.1, and confirmation data is available through the Clerk.

All service by virtual service of process is subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service data available through the Clerk.

Page 35 | Rule 48. Service of Process

The Clerk may use virtual certified-mail service through advanced postal technology, including electronic return-receipt technology and the Court's website.

G. The Clerk may utilize service of process methods as outlined in Civil Rule 4.1, which methods shall include “virtual” service of process utilizing advanced postal technology for service by certified mail, including but not limited to, certified electronic return receipt technology. This advanced postal technology does not modify Civil Rule 4.1(1) Service by Certified Mail, but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the Court's website to show to whom the mail was delivered, the date of delivery and address where delivered, all in accordance with the Civil Rules currently in existence.

Page 13 | G

Virtual service of process may be reviewed or challenged under Civil Rule 4.1, and confirmation is available through the Clerk of Court's office.

H. All service of process of complaints or other papers served with virtual service of process are subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process being made available through the Clerk of Court's office.

Page 13 | H

Each side should present exhibits to the other side before trial for examination so that time will not be consumed in the courtroom for examination.

Each side should present exhibits to the other side before trial for examination so that time will not be consumed in the courtroom for examination.

Page 27 | C.5

The Clerk may use service methods permitted by Civil Rule 4.1, including virtual certified-mail service using advanced technology that does not modify the rule.

The Clerk of the Chardon Municipal Court may use service of process methods as outlined in Civil Rule 4.1 Process: methods of service, which methods include “virtual” service of process utilizing advanced postal technology for service by certified mail. This advanced postal technology does not modify Civil Rule 4.1, but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation electronically to show to whom the mail was delivered, the date of delivery and address where delivered, all in accordance with the now–existing Civil Rules.

Page 35 | Rule 48. Service of Process

Filing Fees and Waivers

Security fees are charged according to schedules established by administrative order.

Security fees shall be charged in accord with the schedules set forth by administrative order.

Page 9 | Rule 7. Court Costs and Fees

Unless the Court orders otherwise, excess civil court costs and fees are assessed to the plaintiff.

Unless otherwise set forth in the Court's order, the Clerk shall assess all excess civil court costs and fees to the plaintiff.

Page 9 | Rule 7. Court Costs and Fees

A $3 computerized legal research services fee is collected upon filing each criminal cause or civil action.

The computerized legal research services fee, in addition to all other court costs and fees, shall be collected on the filing of each criminal cause or civil action in the Court. Computerized legal research services fees shall be used to obtain computerized legal research services. The special projects fee collected shall be $3.00.

Page 9 | Rule 7. Court Costs and Fees

A $20 special projects fee is collected upon filing each criminal cause or civil action.

The special projects fee, in addition to all other court costs and fees, shall be collected on the filing of each criminal cause or civil action in the Court. The special projects fee collected shall be $20.00.

Page 9 | Rule 7. Court Costs and Fees

A $10 fee for computerization of the Clerk's office is collected upon filing each criminal cause or civil action.

The computerization of the office of the Clerk of the Court fee, in addition to all other court costs and fees, shall be collected on the filing of each criminal cause or civil action in the Court. Computerization of the office of the Clerk of the Court fees shall be used to computerize the office of the Clerk of the Court. The computerization of the office of the Clerk of the Court fee collected shall be $10.00.

Page 9 | Rule 7. Court Costs and Fees

An initiating party may request a waiver of filing charges with a Poverty Affidavit; the Clerk conditionally accepts the filing and processes it without charge.

If the party initiating a civil action believes that he/she is unable to pay the costs of filing a complaint in a civil action, a counterclaim and/or a third party claim, then such person shall submit a Poverty Affidavit on the form prescribed by the Court requesting to have such charges waived. B. The completed Affidavit shall be submitted to the Clerk, who shall conditionally accept the filing, and submit the Affidavit to Court. The Clerk shall process the filings without charge.

Page 10 | Rule 8. Poverty Affidavit

Civil Department documents faxed to the Court that require a filing fee will not be docketed as filed.

Civil Department documents transmitted to the Court by facsimile transmission that require a filing fee, will not be docketed as filed.

Page 13 | Rule 11. Facsimile Filing

Court costs must be paid before a faxed document requiring a filing fee is accepted, and documents tendered without payment will not be filed.

G. No document filed by facsimile that requires a filing fee shall be accepted by the clerk for filing until court costs have been paid. 1. Documents tendered without payment of court costs will not be filed.

Page 14 | Rule 11.G

A deposit and fee are required to secure a trial date for a civil jury-trial request.

Request for Civil Jury Trial must be in writing and requires a deposit and fee to secure trial date.

Page 24 | Rule 31. Requests for Jury Trial

The clerk may not enter a satisfaction of judgment until all court costs have been paid.

No satisfaction of judgment shall be entered by the clerk unless all court costs have been paid.

Page 34 | Rule 46. Satisfaction of Judgment

A jury demand must be accompanied by payment of jury costs under Local Rule 31.

A jury demand must be accompanied by payment of jury costs in accordance with Local Rule 31.

Page 35 | Rule 47. Forcible Entry and Detainer Actions

Costs and fees may be referred to a collection agency, which may assess an additional charge.

Costs and fees may also be turned over to a collection agency and assessed an additional charge by such agency.

Page 10 | Rule 9. Statement for Costs and Execution for Costs

When finalizing a case, the Clerk may use party deposits to close the case, and unused deposits are not refunded until a 30-day grace period from the final entry has passed.

When a case is finalized, the Clerk will use the deposits, if any, of all parties if necessary to close out the case on the Court's books. A thirty-day grace period from the date of the final entry will be given to the Clerk before unused court costs and fees deposits are refunded to the parties to allow for late costs such as bailiff's returns.

Page 10 | Rule 9. Statement for Costs and Execution for Costs

No additional fee is assessed for filing by fax.

2. No additional fee shall be assessed for facsimile filings.

Page 14 | Rule 11.G.2

Sealing & Redaction Procedures

Filing parties and counsel must not include personal or private information in filed papers, exhibits, or addenda unless it is necessary and relevant to the case.

Filing parties and/or legal counsel shall not include personal and private information in any paper filed with the Court unless such inclusion is necessary and relevant to the case. This requirement extends to and includes exhibits or addenda attached to filings such as preliminary and financial reports which itemize state liens that use Social Security numbers as case numbers, or medical records.

Page 8 | Rule 6. Filing and Removal of Papers from Custody of Clerk — E. Personal and Private Information in Documents Filed with the Clerk

Judgments, orders, and journal entries must partially redact personal information unless all digits are absolutely necessary; in that exception, submit the original and a redacted copy to the Clerk’s Office with the required caption and redaction notations, and the Court will sign both entries.

Judgments, orders, or other journal entries that necessarily include personal and private information shall partially redact the personal data and identifiers as outlined in this rule unless it is absolutely necessary to include all digits in a personal data and/or identifier. In the event it is absolutely necessary to include all digits in a personal identifier, the judgments, orders, or other journal entries must be submitted to the Clerk’s Office as follows: a) The original document that includes the personal and private information; and b) A redacted copy in the following format: 1. The redacted copy will indicate in the caption, above the title of the action, “Redacted Copy, Personal and Private Information Redacted.” 2. The redacted copy of the document will have the notation “redacted” at all places in the document where such information was removed. c) The Court will sign both journal entries.

Page 8 | Rule 6. Filing and Removal of Papers from Custody of Clerk — E. Personal and Private Information in Documents Filed with the Clerk

If personal and private information is necessary and must be included in a paper, the filing party shall partially redact the following personal data and identifiers from the paper: a) Social Security Numbers: If an individual's Social Security number must be included in a paper, only the last four digits of that number should be used. b) Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used. c) Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of the child should be used. d) The responsibility for redacting these personal identifiers rests solely with counsel and parties. The Clerk will not review each paper for compliance with this rule.

If personal and private information is necessary and must be included in a paper, the filing party shall partially redact the following personal data and identifiers from the paper: a) Social Security Numbers: If an individual's Social Security number must be included in a paper, only the last four digits of that number should be used. b) Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used. c) Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of the child should be used. d) The responsibility for redacting these personal identifiers rests solely with counsel and parties. The Clerk will not review each paper for compliance with this rule.

Page 8 | Rule 6. Filing and Removal of Papers from Custody of Clerk — E. Personal and Private Information in Documents Filed with the Clerk

The Clerk may refuse to accept a filing containing personal or private information that has not been redacted or submitted in accordance with the rule.

The Clerk may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this rule.

Page 8 | Rule 6. Filing and Removal of Papers from Custody of Clerk — E. Personal and Private Information in Documents Filed with the Clerk

Pre-Motion Conference Requirements

Counsel must participate in discovery conferences, freely exchange discoverable information and documents upon informal request, and make every effort to resolve disputes by agreement before filing motions.

Counsel will participate in discovery conferences with opposing counsel and shall freely exchange discoverable information and documents upon informal request. Counsel shall make every effort to resolve discovery disputes by agreement prior to filing motions with the Court.

Page 32 | Rule 39. Discovery Disputes

Before filing a protective-order application, discovery objection, sanctions motion, or similar filing, counsel must discuss the impasse with opposing counsel and diligently try to resolve it informally.

No application for protective order, objections to any form of discovery, motions for sanctions or the like shall be filed until the impasse which provoked it has been discussed with opposing counsel, and a diligent effort has been made to solve the problem informally.

Page 32 | Rule 39. Discovery Disputes

Adjournment & Extension Requirements

When trial-date conflicts are the reason for a continuance request, the case set first for trial has priority, and criminal trials take priority over civil trials.

When a continuance of a trial is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in this Court or another court, the case which was set first 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.

Page 16 | Rule 14. Continuance of Trial or Hearing

A party with no prior leave to plead may obtain one automatic leave of up to 28 days by filing a certification and serving a copy on opposing counsel.

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case. Such leave to plead may not be for more than twenty-eight (28) days, and a copy of the certification must be served upon opposing counsel.

Page 16 | Rule 13. Leaves to Plead

A continuance motion based on conflicting trial assignments must include a copy of the conflicting assignment and be filed at least 30 days before trial.

The Court will not entertain any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto and the motion is filed not less than thirty days prior to trial.

Page 16 | Rule 14. Continuance of Trial or Hearing

A continuance of a trial or other hearing requires a written motion stating whether opposing counsel supports or opposes it.

No party shall be granted a continuance of a trial or other hearing except upon written motion. The motion shall also indicate whether opposing counsel supports or opposes the motion.

Page 16 | Rule 14. Continuance of Trial or Hearing

A party may obtain one additional leave of up to 28 days by filing a stipulation showing opposing counsel's consent and certifying the number and total length of prior extensions.

One additional leave to plead may be obtained by a party for a period of not more than twenty-eight (28) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead. In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions.

Page 16 | Rule 13. Leaves to Plead

Further extensions beyond those provided for must be ordered by the assigned Judge or Magistrate and requested by written motion stating the number and total length of prior extensions.

Except as provided herein, additional extensions of time may be obtained only upon order of the assigned Judge or Magistrate. Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

Page 16 | Rule 13. Leaves to Plead

A pretrial continuance requires good cause and waiver of the time limits by the attorneys and/or parties.

No continuance will be granted on pretrials unless for good cause shown and waiver of the time limits by the attorneys and/or parties.

Page 23 | Rule 27. Criminal Pretrial and Trial

A selected or confirmed trial date may be vacated only on written motion showing good cause or by court order.

Once selected or confirmed, the trial date shall not be vacated except upon written motion and for good cause shown or upon order of court.

Page 28 | E

A witness-name-and-address cutoff date may be extended only upon written motion and a showing of good cause.

A cut-off date may be extended only for good cause shown and upon written motion.

Page 28 | D.1

A defendant’s continuance is limited to one week unless the plaintiff or plaintiff’s counsel gives written consent; further continuances require a one-month rent escrow deposit with the Court.

Defendant(s) continuance requests will be granted for only one (1) week, unless written consent of Plaintiff/Plaintiff counsel. Further continuances requested by the Defendant(s) require a deposit of one month’s rent escrow with the Court.

Page 34 | Rule 47. Forcible Entry and Detainer Actions

A jury demand automatically continues the case.

Such a demand automatically continues the case

Page 35 | Rule 47. Forcible Entry and Detainer Actions

The assigned trial Judge or Magistrate may waive the continuance requirements upon a showing of good cause.

The assigned trial Judge or Magistrate may waive any of the requirements listed above upon a showing of good cause.

Page 16 | Rule 14. Continuance of Trial or Hearing

Chambers Communication Rules

Requests for appointed counsel for indigent defendants must be directed to the Clerk.

Requests for appointed counsel for indigent defendants shall be directed to the Clerk.

Page 17 | Rule 17. Procedure for Appointment of Counsel

If a party wants the pretrial conference held by phone, the parties must agree, and the requesting party is responsible for contacting all parties and the court.

Should either party desire the pretrial to be done by phone, it shall be agreed that the party so requesting this shall be responsible for contacting all parties and the court for the pretrial conference.

Page 26 | Rule 33. Civil Pre-Trial Procedures

A party intending to use the Court’s video equipment must notify the Bailiff within three working days before trial.

1. Notify the Bailiff of intended use within three (3) working days prior to trial;

Page 30 | Rule 36. Deposition Testimony

The Court must receive written notice before a hearing or trial can be removed from the docket.

The Court must receive written notification to remove a hearing/trial from the docket.

Page 33 | Rule 43. Notice Of Settlement

If the case or an issue has been referred to a magistrate, the magistrate must be immediately notified of any settlement or voluntary dismissal.

If the case or any issue in the case has been referred to a magistrate, the magistrate likewise shall be immediately notified of the settlement or voluntary dismissal.

Page 33 | Rule 43. Notice Of Settlement

When settlement is reached before the hearing or trial, or an action is voluntarily dismissed, plaintiff or plaintiff’s counsel must immediately notify the trial court by fax or email, particularly if motions are pending.

Whenever the parties have reached a settlement agreement prior to the hearing/trial date or when an action is voluntarily dismissed, it shall be the duty of plaintiff/plaintiff’s counsel to immediately notify the trial court by FAX/email transmission, particularly if there are any pending motions that would involve the Court's time.

Page 33 | Rule 43. Notice Of Settlement

If settlement or dismissal occurs within 24 hours of trial, plaintiff’s counsel must notify the court as soon as practicable and no later than 8:30 a.m. on trial day.

If a settlement or dismissal occurs within 24 hours of the scheduled trial date, counsel for the plaintiff shall notify the court as soon as practicable, but no later than 8:30 a.m. on the day of trial.

Page 34 | Rule 43. Notice Of Settlement

The sender bears the risks of fax transmission, and fax filers are urged to verify receipt with the Clerk.

3. The risks of transmitting a document by fax to the clerk shall be borne entirely by the sender. Anyone using facsimile filing is urged to verify receipt of such filing with the clerk.

Page 14 | Rule 11.F.3

The court lists 216.272.0439 for Police Prosecutor Dennis Coyne, who serves the Villages of Burton, Middlefield, and South Russell.

POLICE PROSECUTOR – DENNIS COYNE*: 216.272.0439 *Villages of Burton, Middlefield and South Russell

Page 1 | Contact Us

The court lists this email address for victim assistance.

VICTIM ASSISTANCE: muniadvocate@geauga.oh.gov

Page 1 | Contact Us

The court lists 440.286.2670, option 6, for the jury questionnaire line.

JURY QUESTIONNAIRE LINE: 440.286.2670, option 6

Page 1 | Contact Us

The court lists this email address for civil and small claims matters.

CIVIL | SMALL CLAIMS: municivil@geauga.oh.gov

Page 1 | Contact Us

The court lists 440.286.2670, option 6, for billing and collections concerning balances owed on closed criminal or traffic cases.

BILLING & COLLECTIONS: (for balances owed on CLOSED Criminal/Traffic Cases) munibilling@geauga.oh.gov 440.286.2670, option 6

Page 1 | Contact Us

The court lists 440.286.2642 as the contact number for Police Prosecutor Steve Patton.

POLICE PROSECUTOR – STEVE PATTON: 440.286.2642

Page 1 | Contact Us

The court lists this email address for traffic and criminal matters.

TRAFFIC | CRIMINAL: municriminal@geauga.oh.gov

Page 1 | Contact Us

Summoned jurors may call 440.286.2670, option 7, for the jury trial schedule.

JURY TRIAL SCHEDULE: (For Summoned Jurors) 440.286.2670, option 7

Page 1 | Contact Us

The court lists 440.286.2670, option 4, for victim assistance.

VICTIM ASSISTANCE: muniadvocate@geauga.oh.gov 440.286.2670, option 4

Page 1 | Contact Us

The court lists 440.286.2670, option 1, for traffic and criminal matters.

TRAFFIC | CRIMINAL: municriminal@geauga.oh.gov 440.286.2670, option 1

Page 1 | Contact Us

The court lists this email address for billing and collections concerning balances owed on closed criminal or traffic cases.

BILLING & COLLECTIONS: (for balances owed on CLOSED Criminal/Traffic Cases) munibilling@geauga.oh.gov

Page 1 | Contact Us

The court lists 440.286.2649 for probation matters.

PROBATION: muniprobation@geauga.oh.gov 440.286.2649

Page 1 | Contact Us

The court lists this email address for probation matters.

PROBATION: muniprobation@geauga.oh.gov

Page 1 | Contact Us

The court lists 440.286.2670, option 2, for civil and small claims matters.

CIVIL | SMALL CLAIMS: municivil@geauga.oh.gov 440.286.2670, option 2

Page 1 | Contact Us

Common questions about Chardon Municipal Court, Ohio rules

Does Chardon Municipal Court, Ohio require a pre-motion conference or letter before filing a motion?

Counsel must participate in discovery conferences, freely exchange discoverable information and documents upon informal request, and make every effort to resolve disputes by agreement before filing motions.

View ruleSource: page 32, section Rule 39. Discovery Disputes

What page or word limits apply to supporting memorandum in Chardon Municipal Court, Ohio?

Chardon Municipal Court, Ohio's rule states these limits: 15 pages. Excludes table of contents, table of authorities, and appendices. Supporting memoranda are limited to 15 pages, excluding the listed materials; a longer memorandum requires prior leave of Court.

View ruleSource: page 11, section C. Motions

What page or word limits apply to opposition memorandum in Chardon Municipal Court, Ohio?

Chardon Municipal Court, Ohio's rule states these limits: 15 pages. Excludes table of contents, table of authorities, and appendices. Opposition memoranda are limited to 15 pages, excluding the listed materials; a longer memorandum requires prior leave of Court.

View ruleSource: page 11, section C. Motions

What formatting rules apply to filings in Chardon Municipal Court, Ohio?

Chardon Municipal Court, Ohio's formatting rule includes 12 point type, double spacing, letter paper, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, documents must be typewritten or printed and paginated sequentially., leave at least 1.5 inches of blank space at the top of the first page for endorsements., and each consecutive page must have top, bottom, and side margins of at least one inch..

View ruleSource: page 7, section Rule 6. Filing and Removal of Papers from Custody of Clerk — B. Size of Documents, Pagination and Heading Requirement

What must be included with motion filings in Chardon Municipal Court, Ohio?

A party seeking stenographic recording must file a written motion asking that the court reporter be named the official reporter for the hearing.

View ruleSource: page 4, section Rule 4. Recording of Proceedings

What must be included with motion to designate an official court reporter filings in Chardon Municipal Court, Ohio?

Counsel or a pro se party seeking a private official court reporter must file a motion requesting the appointment.

View ruleSource: page 5

How may parties contact Chardon Municipal Court, Ohio?

When settlement is reached before the hearing or trial, or an action is voluntarily dismissed, plaintiff or plaintiff’s counsel must immediately notify the trial court by fax or email, particularly if motions are pending.

View ruleSource: page 33, section Rule 43. Notice Of Settlement

How does Chardon Municipal Court, Ohio handle sealed or redacted filings?

Filing parties and counsel must not include personal or private information in filed papers, exhibits, or addenda unless it is necessary and relevant to the case.

View ruleSource: page 8, section Rule 6. Filing and Removal of Papers from Custody of Clerk — E. Personal and Private Information in Documents Filed with the Clerk

How do I request an adjournment or extension in Chardon Municipal Court, Ohio?

The request must include number of previous requests. Further extensions beyond those provided for must be ordered by the assigned Judge or Magistrate and requested by written motion stating the number and total length of prior extensions.

View ruleSource: page 16, section Rule 13. Leaves to Plead

Are filing fees or waivers addressed in Chardon Municipal Court, Ohio?

A fee is required for covered filings. Security fees are charged according to schedules established by administrative order.

View ruleSource: page 9, section Rule 7. Court Costs and Fees

Is electronic filing required in Chardon Municipal Court, Ohio?

Electronic filing is permitted for the covered filings. Pleadings, motions, and other documents may be faxed to the stated number, except original complaints, pleadings joining or adding a party, and documents requiring a filing fee, subject to the rule's conditions.

View ruleSource: page 13, section Rule 11. Facsimile Filing

What filing deadlines does Chardon Municipal Court, Ohio set?

A written application to the assigned judge for permission to record or broadcast must be made as early as reasonably practical and at least one-half hour before the proceeding, unless the judge permits otherwise.

View ruleSource: page 5, section Rule 5. Conditions for Recording and/or Broadcasting Proceedings

What rule applies to serving the opposing party in Chardon Municipal Court, Ohio?

Proof of service is required for the covered service rule. Details: recipient: the opposing party. Every paper filed with the Clerk, Court, a Judge, or a Magistrate shall be served upon all opposing counsel and upon all parties not represented by counsel. Proof of service in writing shall be shown on or attached to the paper, or on a separate paper.

View ruleSource: page 12, section F. Service of papers
Complete rules summary for Chardon Municipal Court, Ohio

When settlement is reached before the hearing or trial, or an action is voluntarily dismissed, plaintiff or plaintiff’s counsel must immediately notify the trial court by fax or email, particularly if motions are pending.

A party seeking stenographic recording must file a written motion asking that the court reporter be named the official reporter for the hearing.

Counsel or a pro se party seeking a private official court reporter must file a motion requesting the appointment.

A written application to the assigned judge for permission to record or broadcast must be made as early as reasonably practical and at least one-half hour before the proceeding, unless the judge permits otherwise.

The recording or broadcasting application need not follow a special form, but must identify and be signed by the applicant and specify the equipment to be used.

The Clerk may not accept or docket an entry until the appropriate Judge or Magistrate approves it.

Filed pleadings, motions, briefs, and similar documents must meet the stated typeface, spacing, paper-size, pagination, and margin requirements.

Court-prescribed and approved forms must reserve adequate top-right space for endorsements or file stamps and have proportional side and bottom margins.

Documents requiring service or notice by the Clerk must include the relevant parties’ addresses in the caption, or state that an address is unknown if it is in fact unknown.

A document the Clerk must serve on counsel or parties must designate their names and addresses or the Clerk will not accept it for filing.

In addition, the Clerk shall not accept a civil filing without instructions for service unless an attorney has obtained permission signed by the assigned judge or magistrate to defer service of summons for a specific period of time.

Attorneys must include their Supreme Court of Ohio attorney registration number on every paper filed with the Court.

Filing parties and counsel must not include personal or private information in filed papers, exhibits, or addenda unless it is necessary and relevant to the case.

If personal and private information is necessary and must be included in a paper, the filing party shall partially redact the following personal data and identifiers from the paper: a) Social Security Numbers: If an individual's Social Security number must be included in a paper, only the last four digits of that number should be used. b) Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used. c) Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of the child should be used. d) The responsibility for redacting these personal identifiers rests solely with counsel and parties. The Clerk will not review each paper for compliance with this rule.

Judgments, orders, and journal entries must partially redact personal information unless all digits are absolutely necessary; in that exception, submit the original and a redacted copy to the Clerk’s Office with the required caption and redaction notations, and the Court will sign both entries.

A redacted copy must display the prescribed caption wording and the notation “redacted” wherever information was removed.

The Clerk may refuse to accept a filing containing personal or private information that has not been redacted or submitted in accordance with the rule.

Security fees are charged according to schedules established by administrative order.

Unless the Court orders otherwise, excess civil court costs and fees are assessed to the plaintiff.

A $20 special projects fee is collected upon filing each criminal cause or civil action.

A $3 computerized legal research services fee is collected upon filing each criminal cause or civil action.

A $10 fee for computerization of the Clerk's office is collected upon filing each criminal cause or civil action.

A party initiating a civil action who seeks a waiver of filing charges must submit a Poverty Affidavit on the Court's prescribed form.

An initiating party may request a waiver of filing charges with a Poverty Affidavit; the Clerk conditionally accepts the filing and processes it without charge.

Costs and fees may be referred to a collection agency, which may assess an additional charge.

When finalizing a case, the Clerk may use party deposits to close the case, and unused deposits are not refunded until a 30-day grace period from the final entry has passed.

All initial pleadings must include in the caption the information required by Ohio Civil Rule 10(A).

When opposition to a motion requires consideration of facts outside the record, the opposition must include copies of all photographs or documentary evidence used.

All pleadings filed subsequent to the initial pleading shall specify: 1. Case number; 2. The name of the Judge or the name of the Magistrate the case is assigned to. 3. The name, address and telephone number of the attorney who is making the filing and the attorney registration number. The attorney's facsimile number should be included if available; 4. The name, address and telephone number of each pro se litigant.

Moving parties must file and serve motions with a brief written memorandum stating the grounds, requested relief, and supporting authorities.

More Judges in Chardon Municipal Court, Ohio

Terri L. Stupica
Judge