Columbiana County Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance of a trial, pre-trial, or hearing requires a written motion or an oral motion on the record by the party or counsel stating the reason.
- When counsel has another trial assigned for the same date, the case set first has priority; criminal cases assigned for trial have priority over civil cases assigned for trial.
- The trial court has discretion to grant or deny other continuance requests.
- +4 more
Request must include
Document Format Requirements4 rules
Documents must be electronically submitted in PDF or DOC formats and as an attachment to the Web Portal.
d. If the User elects to file the document electronically the signatories shall be indicated, for example, as /Jane Doe/, /John Smith/, etc.
- Electronically filed document
Formatting
- •Indicate signatories in slash-style form, for example, /Jane Doe/ or /John Smith/
An electronically submitted document requiring an attorney’s signature must use the specified slash-style signature and include the listed attorney information.
Court's wording
b. An electronically submitted document requiring an attorney's signature shall be signed in the following manner: "/(attorney name)/." The correct format for an attorney signature is as follows: • /Ohio Attorney/ • Attorney's name (typed) • Ohio Supreme Court Number • Attorney for (Plaintiff/Defendant) • Address • Telephone Number • Facsimile Number • Email Address
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Document Filing Requirements21 rules
Any counsel intending to withdraw from representation must submit a written request and such counsel shall appear at the next scheduled court proceeding for such case unless substitute counsel has appeared of record or unless the Court grants prior leave.
When counsel is retained to represent any party, such attorney shall immediately notify the clerk in writing of such representation.
All court filings must be original documents, signed, and delivered to the Clerk of Courts.
Upon receipt of a properly completed and signed Online Access User Agreement Form, the Clerk shall set up an electronic User account and assign a User-id and initial password to be used for electronically submitted documents.
Any electronically submitted document must be signed by an attorney admitted, in good standing, and licensed to practice law in the State of Ohio or person representing themselves.
To seek relation back of a corrective document after a technical rejection, the User must file a motion with the Court.
Court's wording
If an electronically submitted document is rejected for filing due to technical errors and the User wishes to have a corrective document relate back to the date and time of the rejected document, the User must file a motion with the Court seeking such relief.
For documents requiring multiple signatures, the User must confirm the content is acceptable to all signers and indicate the agreement of other counsel or self-represented persons in the document.
Court's wording
c. For documents requiring two or more signatures, such as stipulations, journal entries, agreed judgment entries, or separation agreements, the following procedure applies: (1) The User shall confirm that the content of the document is acceptable to all persons required to sign the document; and (2) The User will indicate the agreement of other counsel or person representing themselves at the appropriate place in the document, usually on the signature line.
The judgment entry shall contain the agreed disposition of the sentencing may be pronounced against the defendant in his or her absence. The case, a waiver of personal appearance and consent that judgment and defendant, the defendant's counsel, and the assistant prosecuting attorney must approve the agreed judgment entry.
A reduced or dismissed negotiated plea will be accepted only if the prosecutor or Village Solicitor provides a written or on-the-record statement addressing consultation or an opportunity to comment, approval or unreasonable withholding of approval, and the reasons for that withholding.
Court's wording
Negotiated pleas, where a charge is reduced or dismissed, will be accepted by the Court only where the prosecuting attorney or Village Solicitor provides to the court in writing or on the record a statement that the complaining party, victim, and/or the arresting officer was consulted or given the opportunity to express an opinion concerning the proposed plea agreement and he or she approved the proposed plea agreement or that his or her approval was unreasonably withheld together with the Prosecutor's or Solicitor's reasons why the withheld approval was unreasonable.
Before accepting an agreed judgment entry, the court requires the listed payment, the driver's license if it will be suspended and is not already held by the court, and proof of insurance or other required financial responsibility.
Court's wording
Before the Court will accept the agreed judgment entry it must be accompanied by the following: A. An attorney's trust check, money order, certified check or bank check covering the total amount of the unsuspended portion of the fine and the court costs. B. Defendant's driver's license, if the defendant's driver's licenses will be suspended and is not presently held by the Court. C. Proof that defendant's operation of the vehicle was covered by insurance or other proof of financial responsibility as required by Ohio Revised Code Section 4509.101 (A) and 4509.45.
A copy of the notice from the other court shall be attached to the Motion for Continuance.
A motion must be written, timely under the Rules of Criminal Procedure, and include its specific grounds, facts sufficient to establish a prima facie case if uncontroverted, and supporting authorities; cite Ohio authority where it exists before non-Ohio authority.
Court's wording
The Court will not entertain motions, which fail to comply with Criminal Rule 47. To be in conformity, the motion must be in writing and filed within the time limits set by the Rules of Criminal Procedure, and must contain the following: A. The specific grounds upon which motion is based; A recital of facts asserted which, if uncontroverted, would be sufficient to establish a prima facie case for the submitting party; C. Citations to authority in support of the position of the submitting party. Ohio authority is to be cited in all instances where it exists and only thereafter will non-Ohio authorities be cited.
The party shall also file the number of jurors requested consistent with Civil Rule 48.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry, if ordered by the Court.
The journal entry shall allocate the court costs between or among the parties.
If defendant meets either of these "exceptional circumstancesi defendant may submit, through his or her attorney of record, a No rang Rug 12 an written motion pursuant to Traffic Rule 12 and an agreed judgment entry evidencing defendant's pleas of guilty or no contest to the original charge or to an amended charge.
The defendant shall not be required to appear if a written plea of guilty or the defendant has signed no contest and payment of bond is received in the amount set forth in the bond schedule attached as Exhibit B, which may be modified from time to time.
A person may be excused for a scheduled vacation if his or her request for excuse is accompanied by documentation verifying travel reservations.
- Document
- Jury duty excuse request
Include
- •Documentation verifying travel reservations
A person may be excused for medical reasons if his or her request is accompanied by a physician's statement describing the nature of the condition and the doctor's opinion that the condition will interfere with jury service.
For a defendant who has previously appeared personally or through counsel, exceptional circumstances under Traffic Rule 12 include being a nonresident of Columbiana County or losing at least half a day of gainful employment because of an appearance.
Court's wording
For purposes of Traffic Rule 12, the following shall be considered "exceptional circumstances in all traffic cases where the defendant has previously appeared personally or through counsel. A. The defendant is not a resident of Columbiana County, Ohio. B. The defendant is a resident of Columbiana County, Oho but defendant's personal appearance in court would cause the defendant to lose one half (1/2) day or more of gainful employment.
Filing & Service rules
Electronic Filing Rules
Electronic filing with the Clerk is permitted subject to the Rule, and users must pre-register and receive Clerk approval before using it.
Subject to the provisions of this Rule, filing with the Clerk may be accomplished through electronic filing (E-Filing). All persons desiring to utilize electronic filing must pre-register and be approved by the Clerk. The requirements for pre- registration and approval can be found at the Clerk's website: www.ccclerk.org.
Page 3 | 8.1 Electronic Filing (E-Filing) — A. Notice
Facsimile documents are not accepted for filing, but may be provided for information purposes.
Facsimile documents will not be accepted for filing but may be provided for information purposes only.
Page 3 | Filings
A User may not authorize another person to submit filings on the User’s behalf, except for the User’s employee or a retained electronic-filing service provider.
No User shall authorize any person to electronically submit on that User's behalf any document to the Clerk for filing, except the User's employee or a service provider retained to assist the User in electronic filing.
Page 4 | Electronic Filing Policy — 3. Regulation of Electronically Submitted Documents
Documents must be submitted electronically as PDF or DOC attachments to the Web Portal.
Documents must be electronically submitted in PDF or DOC formats and as an attachment to the Web Portal.
Page 5 | 6. Document Format
A User may not alter a document after it has been electronically time stamped and accepted.
After a document is electronically time stamped and accepted into the system, it cannot be altered by the User.
Page 6 | 9. Electronic Time Stamping
Users need not file paper copies, but must keep each source document available upon request through final case completion, including any appeal period or appeal.
The User is not required to file a paper copy with the Clerk of any electronically filed document, but must maintain in the User's records, and have available for production upon request by the Court, the Clerk, or counsel, the source document of any document electronically filed: c. A User shall maintain each source document until the final completion of the case, including during the time in which an appeal could be filed or until any appeal is completed.
Page 6 | 10. Disposition and Maintenance of Source Documents
Attachments and exhibits to an electronically submitted document must also be submitted electronically.
a. Attachments and exhibits to an electronically submitted document shall also be submitted electronically.
Page 7 | 12. Attachments and Exhibits
If an original document requires a non-attorney’s signature, the User must scan the original and submit it electronically to the Clerk.
a. If an original document requires a signature of a non-attorney, the User shall scan the original document and then submit it to the Clerk electronically.
Page 7 | 13. Signatures
A User unable to submit or file electronically for any reason must file a paper copy with the Clerk.
b. A User who cannot submit or file a document electronically due to any problem of any nature must file a paper copy with the Clerk.
Page 8 | 14. Technical Failures
An electronically filed document is accepted as the original filing if the User complies with the Rule's requirements.
An electronically filed document shall be accepted as the original filing, if the User complies with all of the requirements of this Rule.
Page 6 | 10. Disposition and Maintenance of Source Documents
Users who elect electronic submission bear the risk of transmission or readability problems and of the document not being received, filed, or accepted.
Any User who elects to electronically submit a document to the Clerk is solely responsible for any delay, disruption, interruption, or failure in transmission and/or readability of the document. Each User accepts all risk that an electronically submitted document may not be received, filed, properly filed, or accepted by the Clerk.
Page 6 | 8. Filing Acceptance or Rejection Cycle
a. Once filed, an electronically filed document becomes part of the docket. The Clerk alone is authorized to make any corrections or changes to the docket. b. The electronic filing system does not permit a User to make changes to any document or the docket once the transmission has been accepted by the Clerk. c. If an electronically submitted document is filed in error, a User should not attempt to re-submit the document.
a. Once filed, an electronically filed document becomes part of the docket. The Clerk alone is authorized to make any corrections or changes to the docket. b. The electronic filing system does not permit a User to make changes to any document or the docket once the transmission has been accepted by the Clerk. c. If an electronically submitted document is filed in error, a User should not attempt to re-submit the document.
Page 8 | 15. Correction of Docket Entries / Documents Filed in Error
The Clerk may deny or discontinue any person's use of the E-Filing system for noncompliance, uncorrected equipment incompatibility, or misuse.
The Clerk reserves the right in its discretion to deny any person the use or continued use of the E-Filing system, for reasons including that person's non- compliance with these Rules or any other rule governing the use of the E-Filing system, equipment incompatibility issues that are not corrected, or due to any misuse of the E-Filing system.
Page 9 | Electronic Filing Policy
All documents may be electronically filed with the Clerk, subject to the Rules.
All documents may be electronically filed with the Clerk, subject to the provisions of these Rules.
Page 4 | Electronic Filing Policy — 1. Applicability
The Court authorizes the use and filing of tickets produced by computer or other electronic means.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Columbiana County Municipal Court.
Page 9 | 9. Use of Electronically Produced Ticket
Filing Timing and Cure Windows
An electronically submitted document is deemed filed when the Clerk time-stamps it, using the Court’s Eastern Standard time.
An electronically submitted document will be deemed filed when time stamped by the Clerk. Time at the Court (Eastern Standard) governs, rather than the time zone from which the submission is made.
Page 4 | Electronic Filing Policy — 5. Hours of Operation
An electronically submitted document is not filed until all required fees are paid.
Any document electronically submitted will not be filed until all required fees have been paid.
Page 5 | 7. Fees
A person disputing a signature on an electronically filed document with multiple signatures must file an objection or motion to strike within ten days after receiving the notice of electronic filing.
Any person that disputes the authenticity of a signature on an electronically filed document containing multiple signatures must file an objection to the document or a motion to strike within ten (10) days of receiving the notice of electronic filing..
Page 8 | 13. Signatures
A party who has demanded a jury trial must notify the Court by 3:30 P.M. on the last business day before trial of a withdrawal or change of plea, or jury costs will be assessed.
Any party filing a demand for trial by jury shall notify the Court by 3:30 P.M. on the last business day preceding his or her trial of any withdrawal of demand for jury or change of plea, otherwise jury costs will be assessed to his or her case.
Page 12 | 21. Trials
A case that has had no action for six months and is not set for trial will be dismissed 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 matter will be dismissed unless good cause is shown.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — A. Clerical Steps
The settlement entry must be received by the Court within 30 days after the Court is advised of settlement, or the case will be dismissed.
When the court is advised that settlement has been reached, the court shall receive the entry within thirty (30) days. If the entry is not received, the case will be dismissed.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — A. Clerical Steps
The journal entry must be submitted to opposing counsel within five days of the decision.
The entry shall be submitted to opposing counsel within five (5) days of the decision..
Page 15 | Judgment Entries
A special proceeding with no action for six months that is not set for trial will be dismissed unless good cause is shown.
c. It no action has been taken on a file for a six (6) month period and the case is not set for trial, the matter will be dismissed unless good cause is shown.
Page 16 | 32. Clerical Steps
A settlement may avoid trial without an entry, but the settlement entry must be filed within 30 days or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of any entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 16 | Judgment Entries
Opposing counsel must approve or reject the journal entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 16 | Judgment Entries
The journal entry must be submitted to the Judge within 15 days of the decision; otherwise, the court will prepare it.
Within fifteen (15) days of the decision, the journal entry shall be submitted to the Judge, or thereafter, the court will prepare the journal entry.
Page 16 | Judgment Entries
After the clerk notifies counsel that the case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.
Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.
Page 16 | Judgment Entries
Every electronically submitted document must receive a confirmation acknowledging its date and time.
All electronically submitted documents shall receive a confirmation date and time acknowledgement as set forth in this Rule.
Page 5 | Electronic Filing (E-Filing)
After the Clerk successfully processes an electronic submission, the User will receive an email with the confirmation number and any assigned case number.
Upon successful processing of the electronically submitted document by the Clerk, an electronic mail message containing the confirmation number and case number assigned, if any, will be sent to the User.
Page 5 | 8. Filing Acceptance or Rejection Cycle
A confirmation number is assigned when the Clerk's receiving device receives an entire electronic submission.
A confirmation number will be assigned to each electronically submitted document when it is received in its entirety by the Clerk's receiving device.
Page 5 | 8. Filing Acceptance or Rejection Cycle
The User will be notified by email if an electronically submitted document is rejected for filing.
The User will be notified by an electronic mail message if the electronically submitted document is rejected for filing for any reason.
Page 5 | 8. Filing Acceptance or Rejection Cycle
Users should submit documents early enough to allow processing when a deadline is imminent.
submissions should be made in adequate time to permit processing in the event of an imminent deadline.
Page 5 | Electronic Filing (E-Filing)
After successful electronic submission, the confirmation number and filing date and time will appear on the User's My Filings screen.
The confirmation number and the date and time of the filing will be displayed on the My Filings screen of the User's computer upon successful electronic submission of the document.
Page 5 | 8. Filing Acceptance or Rejection Cycle
After submission and acceptance, each document receives a separate timestamp showing when the Clerk accepted the full submission and any case number.
Upon successful completion of submission and acceptance by the Clerk, each electronically submitted document will receive a separate electronic time stamp. b. The electronic time stamp will include the date and time that the Clerk accepted the User's entire electronic submission as well as the case number of the filing, if any.
Page 6 | 9. Electronic Time Stamping
The Clerk may deem its website to have a technical failure when it cannot accept electronic submissions continuously or intermittently, and will post a known outage period in advance whenever possible.
a. The Clerk may, at any time, deem its website at www.ccclerk.org. subject to a technical failure if the website is unable to accept electronic submissions continuously or intermittently. If known in advance, the period of any system outage will be posted on the Clerk's website whenever possible.
Page 8 | 14. Technical Failures
The Clerk receives electronically submitted documents 24 hours a day, seven days a week, whether or not the Clerk’s Office is open.
The Clerk shall receive electronically submitted documents 24 hours per day, seven days per week, regardless of whether or not the Clerk's Office is actually open.
Page 4 | Electronic Filing Policy — 5. Hours of Operation
A User whose filing becomes untimely because of a technical failure in the Clerk’s system or the User’s system may seek appropriate relief from the Court.
c. A User whose filing is made untimely as a result of a technical failure of the Clerk's system or website, or as a result of problems or failures in the User's system, may seek appropriate relief from the Court.
Page 8 | 14. Technical Failures
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 16 | Judgment Entries
Service and Proof of Service Rules
Electronically filed documents must be served under the referenced Ohio civil or criminal procedure rule.
a. Electronically filed documents shall be served in accordance with Rule 5 of the Ohio Rules of Civil Procedure and/or Rule 49 of the Ohio Rules of Criminal Procedure, which are fully incorporated through reference in this Rule.
Page 7 | Electronic Filing Policy
Large attachments or exhibits that cannot be submitted electronically must be provided in paper copy for service on all other parties.
b. Large attachments or exhibits that cannot be submitted electronically must be submitted in paper copy for service on all other parties.
Page 7 | 12. Attachments and Exhibits
After entering an appearance, an attorney or self-represented person must provide an email address, and subsequent service on that person must be electronic when possible.
b. Once an attorney or person representing themselves has entered an appearance, the attorney or person representing themselves shall furnish their email address, and service thereafter on such person shall be made electronically when possible.
Page 7 | Electronic Filing Policy
When 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 offence, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 9 | 9. Use of Electronically Produced Ticket
A case will be dismissed unless good cause is shown if counsel or the plaintiff does not obtain service of summons within six months after filing the cause of action.
counsel or Plaintiff fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the case will be dismissed unless good cause is shown to the contrary.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — A. Clerical Steps
Summons must be served in accordance with the Ohio Rule of Civil Procedure, and the clerk must immediately notify counsel or an unrepresented plaintiff if service fails.
Summons shall be served in accordance with the Ohio Rule of Civil Procedure. In the event there is a failure of service, the clerk shall notify counsel (or Plaintiff, if unrepresented) immediately.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — A. Clerical Steps
Notice of a pretrial conference must be mailed to all counsel of record at least 14 days before the conference.
Notice of pre-trial conference shall be given to all counsel of record by mail not less than fourteen (14) days prior to the conference.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — B. Judicial Steps — Pre-Trials
In a new special proceeding, failure to obtain service of summons within six months results in dismissal unless good cause is shown.
A. In all new special proceedings, it counsel fails to obtain service of summons within six (6) months, the case will be dismissed unless good cause is shown to the contrary.
Page 16 | 32. Clerical Steps
Filing Fees and Waivers
A certified photocopy costs $1.00 per page, payable in advance.
A charge of $1.00 per page shall be made for a photo static certified copy of any document. Copy fees shall be paid in advance.
Page 2 | 4. Fee for Copies
Failure to pay a fee is a violation of the Court’s order and may result in an indirect contempt charge or probation violation.
Failure to pay any fee shall be considered a violation of the Court order and shall be subject to charges for indirect contempt of court or probation violation.
Page 2 | Probation and Community Service Fee
A probation supervision fee of $200.00 to $400 is charged for each person placed on probation.
A probation supervision fee of $200.00-$400 shall be charged for each person placed on probation.
Page 2 | Probation and Community Service Fee
When community service is ordered without probation, a $60 setup fee is charged.
In cases where the Court orders the performance of Community Service without an order of probation, there shall be a setup fee of $60.00 charged and a monthly supervision and maintenance fee of $20.00 for each month until the Community Service is performed.
Page 2 | Probation and Community Service Fee
The Clerk will not accept personal checks or other forms of payment for electronic filing fees and deposits.
The Clerk will not accept personal checks or other forms of payment for filing fees and deposits required with electronic filing.
Page 5 | 7. Fees
Users must pay applicable filing fees and deposits by credit card when the submission is processed, and the Clerk may assess a credit-card surcharge.
The Clerk shall charge the User normal filing fees and deposits, which will be collected through the User's credit card at the time the electronic submission is processed. Pursuant to § 301.28(E) and (F) of the Ohio Revised Code, a surcharge for credit card use may be assessed in an amount to be determined by the Clerk. Any document electronically submitted will not be filed until all required fees have been paid.
Page 5 | 7. Fees
An agreed judgment entry must be accompanied by an attorney's trust check, money order, certified check, or bank check covering the unsuspended fine and court costs.
Before the Court will accept the agreed judgment entry it must be accompanied by the following: A. An attorney's trust check, money order, certified check or bank check covering the total amount of the unsuspended portion of the fine and the court costs.
Page 11 | 18. Written Appearance
A written civil jury demand must include the jury-trial deposit in addition to the usual court-cost deposit unless the Court approves evidence of inability to pay; the clerk must refuse a demand without the deposit.
Any party demanding trial by jury in a civil case shall deposit, in addition to the usual court cost deposit, the jury trial deposit with their written demand unless an affidavit or other evidence of such party's inability to make the required deposit is approved by the Court. The clerk shall refuse to accept the filing of a jury demand if the deposit is not included.
Page 13 | III. Case Management in Civil Cases — 28. Costs Deposit for Jury Trials in Civil Cases
A civil complaint must be accompanied by the applicable court-cost deposit unless the Court approves evidence of inability to pay; the clerk must refuse a complaint without the deposit.
Any person filing a civil action or proceeding shall deposit with his or her complaint the corresponding court cost deposit set forth in attached Exhibit A unless an affidavit or other evidence of such party's inability to make the required deposit is approved by the Court. The clerk shall refuse to accept the filing of any complaint if the required deposit is not included.
Page 13 | III. Case Management in Civil Cases — 26. Court Costs Deposit
Sums received in criminal and traffic matters must be allocated first to local costs, then State costs, reimbursements, fines, and finally restitution.
Pursuant to Section 2929.111 of the Revised Code, all sums received in criminal and traffic matters shall be allocated as follows: A. First, to satisfy local court costs. B. Second, to satisfy any State costs. C. Third, to pay reimbursements (costs of confinement, probation fees, etc.) D Fourth, to pay fines. E. Fifth, to pay restitution.
Page 2 | Fees and Costs
Probation fees are not refunded when probation ends early.
Early termination of probation shall not result in a refund of any probation fees.
Page 2 | Probation and Community Service Fee
The Court establishes a schedule of fees and costs for civil and criminal actions and proceedings; Judges may modify it at any time, and the schedule and changes must be posted in the Clerk’s office.
Pursuant to Ohio Revised Code Section 1901.26, the Court hereby establishes the Schedule of Fees and Costs for civil and criminal actions and proceedings in this Court as set forth in attached Exhibit A, which may be modified at any time by the Judges. Such schedule together with any amendments or modifications shall be posted in the office of the clerk of Courts.
Page 2 | Fees and Costs
Users cannot maintain electronic billing or debit accounts with the Clerk.
The Clerk will not maintain electronic billing or debit accounts for any User.
Page 5 | 7. Fees
The Clerk will record receipt of required fees and deposits on the docket.
The Clerk will document the receipt of required fees and deposits on the docket.
Page 5 | 7. Fees
Pre-Motion Conference Requirements
Opposing counsel must answer in the same manner within 14 days; motions are considered submitted at the end of that period unless the Court 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 the fourteen (14) day period unless the Court extends time.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — B. Judicial Steps — Motions
An oral hearing on a motion will be granted only if a party requests one in writing or the Court deems one necessary.
There will be no oral hearings granted on the motions unless party requests an oral hearing in writing and/or the Court deems it necessary.
Page 14 | III. Case Management in Civil Cases — 29. Scheduling of Events — B. Judicial Steps — Motions
Adjournment & Extension Requirements
A continuance of a trial, pre-trial, or hearing requires a written motion or an oral motion on the record by the party or counsel stating the reason.
No party shall be granted a continuance of a trial, pre-trial, or a hearing without a written motion or oral motion on the record by the party or his or her counsel stating the reason for the continuance.
Page 12 | 23. Continuance
A continuance request made within 24 hours of the scheduled hearing will be denied unless exceptional circumstances exist.
Continuance requests made within 24 hours of the scheduled hearing will be denied unless there are exceptional circumstances.
Page 15 | 4. Continuances
When counsel has another trial assigned for the same date, the case set first has priority; criminal cases assigned for trial have priority over civil cases assigned for trial.
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.
Page 12 | 23. Continuance
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 15 | 4. Continuances
When counsel has another trial on the same date, the case first set for trial has priority and must be tried on its assigned 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.
Page 15 | 4. Continuances
Granting a continuance is discretionary; the source sentence is truncated after “trial.”
The granting of any request for continuance is a matter within the discretion of the trial
Page 15 | 4. Continuances
The trial court has discretion to grant or deny other continuance requests.
The granting of any other request for continuance is a matter within the discretion of the trial court.
Page 12 | 23. Continuance
Chambers Communication Rules
Attorneys must notify the Court by 3:30 P.M. on the day before jury trial of a change in the case’s status; the text also states that jury costs incurred by the Court will be assessed to the case.
All attorneys shall notify the Court by 3:30 P.M. of the day preceding their jury trial of any change in the status of the case or jury costs incurred by the Court shall be assessed to the case.
Page 15 | Trials
As soon as reasonably possible after discovering an error, the User should contact the Clerk and provide the case number and document number involved.
d. As soon as reasonably possible after an error has been discovered, the User. should contact the Clerk with the case number and document number for which the correction or change is being requested:
Page 8 | 15. Correction of Docket Entries / Documents Filed in Error
The Clerk’s office is open Monday through Friday from 8:00 A.M. to 4:00 P.M., subject to personnel availability.
The office of the Clerk of the Court shall be open Monday through Friday from 8:00 A.M. until 4:00 P.M. subject to the availability of personnel.
Page 1 | I. General Rules of Court; 1. Hours and Sessions of Court