Conneaut Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The party requesting a continuance must obtain the opposing party’s written or verbal consent.
- A continuance request not ruled on by the hearing date is considered denied.
- When counsel has a trial or hearing in another Ohio court on the same date, the continuance motion must include copies of the notices from both courts.
- +12 more
Request must include
- A continuance motion must be submitted in writing at least seven days before the hearing and include a supporting brief explaining the reasons and a proposed judgment entry.
Page & Word Limits1 rule
4.21. Facsimile filing shall not exceed 50 pages in length.
- Fax filing
- Up to 50 pages
Document Format Requirements2 rules
A Statement of Claim must use the Court-prescribed form or another approved document.
Court's wording
A small claim action is commenced by completing all of the information contained thereon and filing a Statement of Claim on the form prescribed by the Court or other approved document, pursuant to Ohio Revised Code Section 1925.04.
Electronically produced tickets must conform in substance, layout, and content to the Ohio Uniform Traffic Ticket.
Court's wording
Pursuant to Rule 3(F) of the Ohio Traffic Rules, the use of electronically produced tickets is hereby permitted provided that the ticket conforms in all substantive respects, including lay-out and content, to the “Ohio Uniform Traffic Ticket”.
Document Filing Requirements35 rules
The verbal consent must be noted in the body of the motion.
A continuance motion must include a supporting brief stating the reasons for the request and a proposed judgment entry for the Court’s review and approval.
- Document
- Continuance motion
Must include
- •Proposed order
Court's wording
All motions for continuance shall be submitted to the Court in writing at least seven (7) days prior to scheduled hearing and must contain a brief in support setting forth the reasons requiring the continuance along with a proposed judgment entry for the Court’s review and approval.
4.08. The person filing a document by fax shall also provide therewith a cover page containing the following information: 1) The name of the court; 2) The title of the case; 3) The case number; 4) The assigned Judge; 5) The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); 6) The date of transmission; 7) The transmitting fax number; 8) An indication of the number of pages included in the transmission, including the cover page; 9) If a judge or case number has not been assigned, state that fact on the cover page; 10) The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and 11) If applicable, a statement explaining how costs are being submitted.
- Document
- Fax cover page
Must include
- •Judge name
- •Case number
A fax filing is the effective original filing, but the filer must retain the source document with required original signatures and the cover-sheet source copy, make them available to the Court on request, and keep the source document until the case and post-judgment relief opportunities have concluded.
Court's wording
4.06. A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy for the facsimile cover sheet used for the subject filing. 4.07. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief have been exhausted.
4.12. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
An exhibit filed separately in this manner must have a cover sheet with the case caption, court name, case title and number, judge’s name, and exhibit title.
- Document
- Separately filed exhibit
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
4.14. Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss),
A party fax-filing a signed document must send either the signed source document or an unsigned copy marked “/s/” followed by the signer’s name where the signature appears.
Court's wording
4.11. A party who wishes to file a signed source document by fax shall either: 1) Fax a copy of the signed source document; or 2) Fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
4.13. 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.
The filer need not file the source document with the clerk, but must retain it, produce it on request, and keep it until the case and all appeal opportunities are concluded.
Court's wording
The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.
To establish an electronic filer account, a filer must file a properly executed and signed User Agreement Form and Credit Card Authorization Form with the clerk.
Court's wording
Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the clerk, the clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronically filed documents.
5.04. All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.
Requests for permission to broadcast, televise, record, or take photographs in the courtroom shall be in writing.
If a party seeks to obtain a transcript of the proceedings for appeal or use in other court proceedings, a motion shall be filed with the court for appointment of a court reporter to make a written transcription of the audio recording.
Permission of the Court by court order is required before a party may participate by video.
Upon perfection of service and the failure of defendant to respond in twenty- eight (28) days, a Motion for Default Judgment and a proposed Judgment Entry should be filed and submitted, respectively, with the appropriate supporting evidence.
- Document
- Default judgment motion
Should include
- •Proposed order
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
The journal entry shall state which party will pay the court cost.
A small claim action is commenced by completing all of the information contained thereon and filing a Statement of Claim on the form prescribed by the Court or other approved document, pursuant to Ohio Revised Code Section 1925.04.
In order for a debtor to qualify for a trusteeship with the Court, the debtor must submit a payroll check stub or payroll statement of earnings and pay in full the filing fee.
Upon filing of motion and affidavit, as required by the Ohio Revised Section 1925.10, and upon payment of the required cost, the small claims action will be transferred to the regular docket. No transfer will be granted until the filing fees are paid in full.
Voluntary dismissals of actions can only be accomplished in writing, and any attempts to discuss by telephone shall be not be permitted.
Unless otherwise ordered by the Court, Motions for Default Judgment which are accompanied by an Affidavit on personal knowledge, showing affirmatively that the Affiant is competent to testify to the matters stated therein and setting forth such facts as would be admissible in evidence in support of the
A party filing any motion shall file therewith a brief in support containing a short concise statement of the points relied upon and the authorities supporting such contentions.
All motions shall be accompanied by a proposed Judgment Entry for the Court’s review and consideration.
- Document
- Motion
Must include
- •Proposed order
At the pretrial/case management conference, the Judge and counsel must complete a Pretrial Statement form covering settlement prospects, stipulated and disputed facts, special legal issues, and the specified case schedule.
Court's wording
At the conference, the Judge and counsel will complete a Pretrial Statement form setting forth the possibility or probability of settlement, facts which can be stipulated and those remaining in contention, special legal issues, if any, and a time-table for the amendment of pleadings, the filing of motions, the exchange of expert witness reports and medical and hospital records, the termination of discovery and the trial of the action.
Settlement agreements must be executed before the jury-trial day and will not be accepted on that day unless the jury demand has been withdrawn.
Court's wording
A status conference will be scheduled at least fourteen (14) days prior to all jury trials. All settlement agreements must be executed prior to the jury trial day. No settlement agreements will be accepted by the Court on the day of the jury trial, unless the jury demand has been withdrawn.
Settlement orders submitted for court approval must bear the attorneys’ signatures and, for a pro se party, that party’s notarized or deputy-clerk-witnessed signature before approval and execution; the Court may accept other satisfactory evidence of the pro se party’s agreement or signature.
- Document
- Settlement order
- Placement
- Signature block
Court's wording
All settlements presented to the Court as a Consent Order, Agreed Judgment Entry, or similar settlement order which requires the Court’s approval and execution which details the terms of an agreement between the parties shall include the signatures of the attorneys representing the parties and, if a party is pro se, the signature of the pro se party which has either been notarized or witnessed by a deputy clerk, before Court approval and execution. If a proposed settlement order is submitted to the Court that does not meet the requirements of this rule, the Court may return the order to plaintiff’s counsel for proper execution and resubmission unless other satisfactory evidence is presented to the Court supporting the pro se litigant’s agreement and/or signature.
If not present at the arraignment, the prosecutor shall prepare and file with the Court a written bond recommendation on a form supplied by the Court.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
A prosecutor seeking dismissal must file a written application stating the reasons, and the charge may be dismissed only with leave of court.
Court's wording
When the prosecutor desires to dismiss a criminal charge, he or she shall file a written application therefore pursuant to the provisions of Rule 48 of the Ohio Rules of Criminal Procedure. The prosecutor shall state in a written application the reasons for the requested dismissal. A criminal charge may only be dismissed by the State by leave of court pursuant to this Rule.
Requests for jury-service exemptions, excuses, or deferrals must be submitted in writing and approved by the Judge.
Court's wording
All requests for exemptions, excuses or deferrals, must be in writing for approval by the Judge of the Conneaut Municipal Court. No exemption, excuse, or deferral shall be permitted unless approved by the Judge.
No fees for court reporters will be taxed as cost or otherwise paid by anyone other than the party providing the court reporter, unless that party makes a timely motion prior to trial or hearing for the appointment of an official court reporter and requests in advance that the fees be taxed as costs.
Upon prior notice and order of court, a party in any case may have a court reporter present to record the proceedings.
For minor misdemeanors, defense attorneys may enter an appearance of representation including a not guilty plea and waiver of time which must be signed by the defendant.
Written pleas on minor misdemeanor offenses may be accepted on the forms prescribed by the Court.
Filing & Service rules
Electronic Filing Rules
Jury demands, new complaints, garnishments, and agreed or consent judgment entries cannot be filed by fax in the covered proceedings.
4.01. These rules apply to criminal, traffic, civil and small claims proceedings in the Conneaut Municipal Court. 4.02. The following documents will not be accepted for fax filing: Jury Demand, New Complaints, Garnishments, and Agreed or Consent Judgment Entries.
Page 5 | RULE NO. 4 – FACSIMILE FILINGS
Pleadings and other papers may be filed by fax at the stated number in criminal, traffic, civil, and small claims proceedings, subject to the rule’s conditions.
Pleadings and other papers may be filed with the Clerk of Court by facsimile transmission to (440) 593-6402, subject to the following conditions: Applicability 4.01. These rules apply to criminal, traffic, civil and small claims proceedings in the Conneaut Municipal Court.
Page 5 | RULE NO. 4 – FACSIMILE FILINGS
Fax filings may not be sent directly to the court and must instead be transmitted through the Clerk of Courts’ fax equipment.
4.16. Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Courts.
Page 8 | Time of Filing
The clerk must provide electronic filing service for documents in case categories or particular cases designated by administrative order.
5.01. The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any particular case as designated by an administrative order of the presiding judge.
Page 8 | RULE NO. 5 – ELECTRONIC FILING
An attorney may authorize only an employee or a retained electronic-filing service provider to file electronically on the attorney’s behalf.
2) No attorney shall authorize anyone to electronically file on that attorney’s behalf, other than his/her employee or a service provider retained to assist in electronic filing.
Page 9 | 5.04(2)
No person may use or allow another person to use someone else’s password for electronic filing.
4) No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 9 | 5.04(4)
The Clerk of Court must submit the required reports electronically through the Ohio Supreme Court website.
The Clerk of Court shall submit in electronic format via the Ohio Supreme Court website reports as required by Rules 37.01 through 37.03 of the Rules of Superintendence of the Courts of Ohio.
Page 11 | RULE NO. 10 – ELECTRONIC TRANSMISSION OF SUPREME COURT REPORT
When electronic filing is authorized by administrative order, the electronic document is the official court record and any maintained paper record is a copy.
5.02. In matters where electronic filing is authorized by administrative order, the electronically filed document will be part of the official court record. Paper records, if maintained, will be considered a copy of the official court record.
Page 8 | RULE NO. 5 – ELECTRONIC FILING
Any communication sent to the court by electronic mail is not considered a legal communication of any form
Any communication sent to the court by electronic mail is not considered a legal communication of any form
Page 8 | RULE NO. 5 – ELECTRONIC FILING
An electronically filed document is accepted as the original filing if the filer complies with the rule’s requirements.
A document electronically filed shall be accepted as the original filing if the filer complies with all the requirements set forth in this rule.
Page 9 | 5.06
An electronic signature is treated as the signature of the attorney or party it purports to represent, but an unauthorized document must be stricken.
1) Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.
Page 9 | 5.04(1)
Electronic filing by an attorney, an authorized filer, or an unrepresented party constitutes that attorney’s or party’s signature under Ohio Civil Rule 11.
3) The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.
Page 9 | 5.04(3)
Electronically produced traffic tickets are permitted if they conform in substance, layout, and content to the Ohio Uniform Traffic Ticket.
Pursuant to Rule 3(F) of the Ohio Traffic Rules, the use of electronically produced tickets is hereby permitted provided that the ticket conforms in all substantive respects, including lay-out and content, to the “Ohio Uniform Traffic Ticket”.
Page 27 | RULE NO. 37 – USE OF ELECTRONICALLY PRODUCED TRAFFIC TICKETS
Filing Timing and Cure Windows
An accepted fax filing is deemed filed when the clerk time-stamps receipt, not when the fax was transmitted.
4.15. Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.
Page 7 | Time of Filing
Unless the court orders otherwise, each missing exhibit must be filed separately within five court days after the faxed document is filed; failure may result in the document or exhibit being stricken.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 7 | Exhibits
A document tendered without payment, with incomplete payment authorization information, or in nonconformity with applicable rules will not be filed.
Documents tendered to the Clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.
Page 8 | Fees and Costs
A filing over 50 pages cannot be submitted by fax and will not be accepted by the court.
Any intended filing which exceeds 50 pages cannot be filed by facsimile transmission and therefore will not be accepted by the Court.
Page 8 | Length of Document
Electronic filing must be completed by 4:00 p.m. to be considered timely filed that day.
All electronic filing of documents must be completed by 4:00 pm to be considered timely filed that day.
Page 9 | 5.05
Reports must follow the Supreme Court’s prescribed form and be submitted no later than the fifteenth day after the reporting period closes.
The reports shall be as prescribed by the Supreme Court and submitted no later than the fifteenth day after the close of the reporting period.
Page 11 | RULE NO. 10 – ELECTRONIC TRANSMISSION OF SUPREME COURT REPORT
If the defendant does not respond within 28 days after service is perfected, a motion for default judgment and proposed judgment entry should be filed and submitted with supporting evidence.
Upon perfection of service and the failure of defendant to respond in twenty- eight (28) days, a Motion for Default Judgment and a proposed Judgment Entry should be filed and submitted, respectively, with the appropriate supporting evidence.
Page 12 | 12.03. Clerical Steps
A small claims hearing must be set between 15 and 40 days after the action is filed.
The time set for the hearing shall be not less than fifteen (15) days and not more than forty (40) days after the filing of the action.
Page 15 | 14.02. Date and Time of Hearings
A request or application for a Writ of Restitution must be made no more than 30 days after the Court’s Order for the Court to issue the writ.
In cases where an Order granting the plaintiff the right to request a Writ of Restitution has been issued, no Writ of Restitution will be issued by this Court if the request or application for a Writ of Restitution is made more than thirty (30) days after the date of the Court’s Order.
Page 15 | 13.05
After transfer to the regular docket, a party may demand a jury trial by serving the other parties and filing the demand with the Clerk within seven days after transfer.
If the case is transferred to the regular docket of the Court, the parties to the action may then demand a trial by jury in any case presenting an issue triable of right by a jury by serving upon the other parties and filing with the Clerk of Court a demand therefore at any time after the transfer of the action to the regular docket but not later than seven days after said action has been transferred.
Page 17 | 14.15. Jury Trial and Record – Demand
Adverse parties must serve and file opposing briefs and documentation within 14 days after the motion is filed.
Adverse parties shall serve and file opposing briefs and documentation within fourteen (14) days of the filing of the Motion.
Page 18 | 17.02. Motion for Summary Judgment
Plea agreements must be executed before the jury trial day and will not be accepted on that day unless the jury demand has been withdrawn.
All plea agreements must be executed prior to the jury trial day. No plea agreements will be accepted by the Court on the day of the jury trial, unless jury demand has been withdrawn.
Page 21 | C. Trials
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 21 | B. Motions
Attorneys must notify the court by 3:00 P.M. on the day before trial of any plea change, or jury costs will be attached to the case.
All attorneys shall notify the court by 3:00 P.M. of the day preceding their trial of any change in plea or jury costs will be attached to their case.
Page 21 | C. Trials
Criminal cases are heard only at their regularly scheduled time unless the defendant files a written motion in advance to appear at another time.
All criminal cases shall be heard only at the regularly scheduled date and time. Defendants may appear for hearing or disposition of their case at a time other than the regularly scheduled date and time only upon written motion filed in advance with the Court.
Page 22 | RULE NO. 25 – CASES HEARD ON SCHEDULED DATE
The clerk’s office is deemed open for receiving fax filings on the same days and at the same times the court is regularly open for business.
The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.
Page 7 | Time of Filing
For a fax filing missing the required cover-page information, the clerk may file it or place it in the failed-fax file; in the latter case it is not filed.
4.09. If a document is sent by fax to the Clerk of Court without the cover page information listed above, the clerk may, at his/her discretion: 1) Enter the document in the Case Docket and file the document; or 2) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.
Page 7 | Time of Filing
Documents transmitted outside regular court hours are deemed filed on the clerk’s next normal business day.
Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the clerk.
Page 9 | 5.05
If the Court grants an appearing defendant leave to answer, the answer may be filed within seven days of the hearing.
At the hearing, the Court may either issue a default judgment in favor the plaintiff and against the defendant or grant the appearing defendant leave to file an answer to the complaint within seven (7) days of the hearing.
Page 18 | 16.02
Unless the Court orders otherwise, a summary-judgment motion hearing must occur no less than 15 days after service and filing of the motion.
Unless otherwise ordered by the Court, Motions for Summary Judgment shall be heard on briefs and supporting documentation authorized by Civil Rule 56(C) without oral hearing no less than fifteen (15) days after the service and filing of the Motion.
Page 18 | 17.02. Motion for Summary Judgment
When a civil defendant has not answered or defended within 90 days after the complaint is filed, the Court will serve the plaintiff with notice that dismissal may follow unless good cause is shown.
In any civil case where a defendant has failed to answer or otherwise defend ninety (90) days after the filing of the complaint, the Court shall cause to be served upon the plaintiff a Notice pursuant to Rule 41 of the Ohio Rules of Civil Procedure that the Court will dismiss the case for want of prosecution unless good cause is shown.
Page 18 | RULE NO. 16 – DEFAULT/FAILURE TO APPEAR – DISMISSAL BY COURT
If the plaintiff does not seek default judgment or show good cause, the Court shall dismiss the action without prejudice for want of prosecution after six months.
If the plaintiff fails to move the Court for an Order granting judgment by default pursuant to Rule 55(A) or otherwise show good cause why it should not be dismissed, then, in that case, the Court shall dismiss the action without prejudice, for want of prosecution after six (6) months.
Page 18 | RULE NO. 16 – DEFAULT/FAILURE TO APPEAR – DISMISSAL BY COURT
A status conference will be scheduled at least 14 days before every jury trial.
A status conference will be scheduled at least fourteen (14) days prior to all jury trials.
Page 21 | C. Trials
The text permits agreed entries to be filed at any time before trial or fourteen days upon agreement by the parties.
Agreed entries may be filed at any time prior to trial or fourteen (14) days upon agreement by the parties.
Page 14 | 12.04. Judicial Steps
Service and Proof of Service Rules
The separately filed exhibit must be signed and served according to the court’s rules governing signing and service of pleadings.
and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 7 | Exhibits
A filer may not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 8 | Length of Document
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 12 | 12.03. Clerical Steps
After failed service, the clerk must notify counsel immediately, and counsel has 30 days from notification to obtain service or the case will be dismissed without prejudice unless good cause is shown.
In the event there is a failure of service, the clerk shall notify counsel immediately. Counsel shall have thirty (30) days from notification by the clerk to obtain service of the summons; if counsel fails or is unable to do so, the case will be dismissed by the Court without prejudice, unless good cause is shown to the contrary.
Page 12 | 12.03. Clerical Steps
The Clerk must give all counsel of record notice of the pretrial conference by mail and/or telephone.
Notice of the pretrial conference shall be given to all counsel of record by mail and/or by telephone from the clerk.
Page 13 | 12.04. Judicial Steps
The Clerk must mail notice of the default hearing to the defendant’s last known address by regular United States Mail; a Certificate of Mailing is not required.
The Clerk shall mail the notice of the default hearing by regular United States Mail (Certificate of Mailing not required) to the last known address of the defendant.
Page 13 | C
After the hearing, the Judge must issue a decision within seven days and cause a copy to be served on the plaintiff and defendant.
The Judge shall, at the conclusion of the hearing, issue a decision within seven (7) days and cause a copy of the decision to be served on the plaintiff and defendant.
Page 14 | RULE NO. 13 – FORCIBLE ENTRY AND DETAINER ACTIONS
The Clerk must serve judgment entries and orders within seven days on parties who are not in default, generally by ordinary U.S. Mail to counsel or the pro se party.
Within seven (7) days of the journalization of any judgment entry or order, the Clerk of Court shall serve the entry or order upon every party who is not in default for failure to appear. Service shall be made in the manner provided in Civil Rule 5. In general, this will mean service via ordinary U.S. Mail upon the party’s attorney or, if the party is a pro se litigant, upon the party.
Page 15 | 13.03
The defendant must be served with the notice and Statement of Claim as a summons is served in an ordinary civil action, including by mail where permitted.
Service of notice and a copy of the Statement of Claim shall be served on the defendant in the same manner as a summons is served in any ordinary civil action, including service by mail as permitted by Section 2703.23 of the Ohio Revised Code.
Page 16 | 14.06. Service
If the case is transferred to the regular docket of the Court, the parties to the action may then demand a trial by jury in any case presenting an issue triable of right by a jury by serving upon the other parties and filing with the Clerk of Court a demand therefore at any time after the transfer of the action to the regular docket but not later than seven days after said action has been transferred.
If the case is transferred to the regular docket of the Court, the parties to the action may then demand a trial by jury in any case presenting an issue triable of right by a jury by serving upon the other parties and filing with the Clerk of Court a demand therefore at any time after the transfer of the action to the regular docket but not later than seven days after said action has been transferred.
Page 17 | 14.15. Jury Trial and Record – Demand
Adverse parties shall serve and file opposing briefs and documentation within fourteen (14) days of the filing of the Motion.
Adverse parties shall serve and file opposing briefs and documentation within fourteen (14) days of the filing of the Motion.
Page 18 | 17.02. Motion for Summary Judgment
After a default-judgment motion is filed, the Clerk must notify the defendant of the hearing at the address where service was perfected.
In a case where a defendant has failed to answer or otherwise defend a complaint as provided in these rules and the Ohio Rules of Civil Procedure and where a Motion for Default Judgment has been filed, the Clerk shall schedule a default hearing and provide notice of the hearing to the defendant at the same address where service was perfected.
Page 18 | 16.02
When service by publication is requested under Civil Rule 4.4, the Clerk must publish notice in a county newspaper of general circulation as that rule provides.
In cases where there is a request for service by publication pursuant to Civil Rule 4.4, the Clerk shall cause service of Notice to be made by publication in a newspaper of general circulation in the County pursuant to Rule 4.4.
Page 20 | RULE NO. 22 – SERVICE BY PUBLICATION
The trial or pretrial conference date notice must be personally delivered to the defendant and/or attorney before they leave court.
The notice of the trial or pretrial conference date shall be personally delivered to the defendant and/or his attorney prior to leaving court.
Page 21 | D. Sentencing Hearings
At the end of the pretrial conference, the trial-date notice must be personally delivered to the defendant and/or attorney before they leave court.
Prior to leaving the Court at the conclusion of the pretrial conference, a notice of the trial date shall be personally delivered to the defendant and/or his attorney.
Page 21 | D. Sentencing Hearings
To the extent required by the cited law, the prosecutor must notify the alleged victim of all public proceedings involving the alleged offense against that victim.
Pursuant to Rule 37 of the Ohio Rules of Criminal Procedure, and to the extent required by Article I, Section 10(a) of the Ohio Constitution or by the Ohio Revised Code, the prosecuting attorney shall provide notice to the alleged victim of all public proceedings involving the alleged criminal or traffic offense against the victim.
Page 22 | RULE NO. 27 – MARSY’S LAW – PROSECUTING ATTORNEY TO NOTIFY VICTIMS OF CRIME
When a ticket is issued at the scene of an alleged offense, the issuing officer must provide the defendant with a paper copy.
Further, if a 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 27 | RULE NO. 37 – USE OF ELECTRONICALLY PRODUCED TRAFFIC TICKETS
Filing Fees and Waivers
A deposit of at least the amount established by the Court must be made before a civil action or other proceeding is accepted for filing.
No civil action or other proceeding shall be accepted for filing by the Clerk of the Court unless there is first deposited with the Clerk a sum not less than that amount which is established by the Court.
Page 5 | RULE NO. 3 – FILING FEES
A jury demand in a civil action must include the Court-established payment deposit, which the Court may waive in its exclusive discretion only for indigency.
A jury demand in any civil action before the Court must be accompanied by a payment deposit as established by the Court, unless waived by the Court in its own exclusive discretion for indigency reasons only.
Page 5 | RULE NO. 3 – FILING FEES
A fax filing that requires a fee will not be accepted until costs and fees are paid; payment may be made by credit or debit card or through an escrow account with the clerk.
4.19. No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until court cost and fees have been paid. Court cost and fees may be paid by credit or debit cards or through an escrow account established with the Clerk. The forms necessary for the authorization of payment by credit card or escrow account shall be available at the Clerk’s office during normal business hours.
Page 8 | Fees and Costs
Filing fees for an original or intervening Statement of Claim and any Counterclaim are listed in the attached Schedule.
The fees for the filing of the original or intervening Statement of Claim and any Counterclaim are noted on the attached Schedule.
Page 16 | 14.09. Filing Fees
A debtor seeking a trusteeship must pay the filing fee in full.
In order for a debtor to qualify for a trusteeship with the Court, the debtor must submit a payroll check stub or payroll statement of earnings and pay in full the filing fee.
Page 17 | RULE NO. 15 – TRUSTEESHIP
The required costs and filing fees must be paid in full before a small-claims action can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by the Ohio Revised Section 1925.10, and upon payment of the required cost, the small claims action will be transferred to the regular docket. No transfer will be granted until the filing fees are paid in full.
Page 17 | 14.14. Transfer to Regular Docket
A jury-trial demand must include the advance-cost deposit required by the Court’s local rules.
Such demand for jury trial must be accompanied by a deposit of advance costs as required by local rules of the Court.
Page 17 | 14.15. Jury Trial and Record – Demand
For an unrepresented party, assistance with proceedings in aid of execution is provided upon payment of court costs.
Pursuant to Ohio Revised Code Section 1925.13 and where a party is not represented by counsel, the court, upon payment of court costs, shall explain to the party and assist the party in the preparation and filing of, and supply the party with any necessary forms for, proceedings in aid of execution to collect and enforce judgments.
Page 17 | 14.16. Assistance
The plaintiff is responsible for publication costs and must arrange payment directly with the publisher, without a court-assessed publication cost or advance deposit to the Court; lawful recovery of those costs remains possible in an appropriate case.
The Clerk shall notify the publisher that the payment of the costs of the publication shall be the responsibility of the plaintiff. Payment arrangements shall be made directly by the plaintiff with the publisher without the Court assessing the publication costs as costs of suit or without the requirement of an advanced deposit by the plaintiff to the Court for payment of the publication costs. Nothing in this Rule shall prevent a party from recovering the costs of publication as damages or court costs in an appropriate case pursuant to law.
Page 20 | RULE NO. 22 – SERVICE BY PUBLICATION
No additional fee is assessed for filing by fax.
4.20. No additional fee shall be assessed for facsimile filings.
Page 8 | Fees and Costs
The Court may waive advance or accrued costs if the plaintiff provides a sworn statement or other satisfactory evidence of inability to pay.
The Court may waive the pre-payment of costs or the payment of costs that have accrued during this action upon the sworn statement of the plaintiff or upon other satisfactory evidence of his or her inability to pay such costs.
Page 16 | 14.08. Waiver and Assessment of Costs
Pre-Motion Conference Requirements
Opposing counsel must answer in like manner within 14 days thereafter.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter.
Page 13 | 12.04. Judicial Steps
Motions are considered submitted at the end of the 14-day period unless the court extends the time.
All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the court.
Page 13 | 12.04. Judicial Steps
An oral hearing on a motion is not granted unless the parties request it in writing and the court deems it necessary.
There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.
Page 13 | 12.04. Judicial Steps
Unless the Court orders otherwise, summary-judgment motions are heard on authorized briefs and supporting documents without oral hearing, no earlier than 15 days after service and filing.
Unless otherwise ordered by the Court, Motions for Summary Judgment shall be heard on briefs and supporting documentation authorized by Civil Rule 56(C) without oral hearing no less than fifteen (15) days after the service and filing of the Motion.
Page 18 | 17.02. Motion for Summary Judgment
Adjournment & Extension Requirements
A continuance motion must be submitted in writing at least seven days before the hearing and include a supporting brief explaining the reasons and a proposed judgment entry.
All motions for continuance shall be submitted to the Court in writing at least seven (7) days prior to scheduled hearing and must contain a brief in support setting forth the reasons requiring the continuance along with a proposed judgment entry for the Court’s review and approval.
Page 4 | GENERAL AND ADMINISTRATIVE RULES — RULE NO. 2 – MOTIONS FOR CONTINUANCE
When counsel has a trial or hearing in another Ohio court on the same date, the continuance motion must include copies of the notices from both courts.
When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another Court in the State, the movant shall append to the motion a copy of the notice received from the other Court, along with a copy of the notice received from this Court.
Page 4 | GENERAL AND ADMINISTRATIVE RULES — RULE NO. 2 – MOTIONS FOR CONTINUANCE
The party requesting a continuance must obtain the opposing party’s written or verbal consent.
The party requesting the continuance must obtain written or verbal consent from the opposing party.
Page 4 | GENERAL AND ADMINISTRATIVE RULES — RULE NO. 2 – MOTIONS FOR CONTINUANCE
After a continuance is granted, the moving party must obtain a hearing date agreeable to the other parties and the Court.
If a continuance is granted, it shall be the responsibility of the moving party to obtain a mutually agreeable date from the other party or parties and the Court for the hearing.
Page 5 | RULE NO. 2
A continuance motion submitted within the required seven days may be granted only upon a showing of good cause based on extreme hardship, unforeseen circumstances, or other unavoidable conditions, and the decision remains within the Court’s discretion.
Motions for continuance, when submitted within the required seven (7) days, will be granted only upon the showing of good cause constituting extreme hardship, unforeseen circumstances, or other unavoidable conditions. No continuance will be granted by telephone. The granting of any request for continuance is a matter within the discretion of the Court.
Page 5 | RULE NO. 2
A continuance cannot be granted by telephone.
No continuance will be granted by telephone.
Page 5 | RULE NO. 2
Continuance motions based on hearing or trial schedule conflicts are decided under Rule 41(B) of the Rules of Superintendence for the Courts of Ohio.
Motions for continuance sought due to a conflict in hearing or trial schedules shall be decided in accordance with Rule 41(B) of the Rules of Superintendence for the Courts of Ohio.
Page 5 | RULE NO. 2
An application to continue the pretrial conference must be addressed to the Judge.
Any application for continuance of the conference shall be addressed to the Judge.
Page 13 | 12.04. Judicial Steps
When a continuance is sought because counsel is assigned to another trial on the same date, the request must provide the other court’s assignment notice, the notice date, and its receipt.
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, such request must provide the other court’s notice of such assignment, the date of the notice and the receipt thereof.
Page 14 | 12.04. Judicial Steps
A party seeking a continuance of trial or a hearing must submit a written motion stating the reason for the request.
No party shall be granted a continuance of trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 14 | 12.04. Judicial Steps
A continuance request must include an affidavit and, when applicable, notice showing dates of previously scheduled conflicting hearings.
Where continuances are sought, there must be an affidavit and if applicable, a copy of other court notice showing dates of previously scheduled conflicting case hearings.
Page 21 | B. Motions
A further traffic-appearance continuance requires a written motion filed before the appearance date with a brief memorandum or statement of facts explaining the reasons.
Any further continuances shall not be continued by the Court unless the defendant files a written motion with the Court in advance of the appearance date along with a brief memorandum or statement of facts setting forth the reasons requiring the continuance.
Page 25 | RULE NO. 34 – CONTINUING TRAFFIC APPEARANCE
A defendant’s initial traffic appearance may be continued once on a written request signed by the defendant that waives speedy-trial rights.
The date of any defendant’s initial appearance on a traffic citation may only be continued one time upon the written request of the defendant or defendant’s attorney, provided the writing is signed by the defendant and includes a waiver of the defendant’s speedy trial rights.
Page 25 | RULE NO. 34 – CONTINUING TRAFFIC APPEARANCE
A continuance request not ruled on by the hearing date is considered denied.
A continuance that has not been ruled on by the date of any hearing shall be considered to be denied.
Page 4 | GENERAL AND ADMINISTRATIVE RULES — RULE NO. 2 – MOTIONS FOR CONTINUANCE
The trial court has discretion to grant any other request to continue a scheduled trial.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial Court.
Page 14 | 12.04. Judicial Steps
When trial assignments conflict, the case set first has priority and is to be tried on its assigned date; criminal trials have priority over civil trials.
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 14 | 12.04. Judicial Steps
Chambers Communication Rules
The clerk need not notify the sender of a failed fax filing, but may do so if practicable.
4.10. The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the clerk of Court may inform the sending party of a failed fax filing.
Page 7 | Time of Filing
The clerk may acknowledge receipt of a fax but is not required to do so.
4.17. The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
Page 8 | Time of Filing
The sender bears all risks of fax filing and is urged to verify receipt with the clerk using available technological means.
4.18. The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 8 | Time of Filing
Attempts to discuss voluntary dismissals by telephone are not permitted.
Voluntary dismissals of actions can only be accomplished in writing, and any attempts to discuss by telephone shall be not be permitted.
Page 17 | 14.17. Dismissals
An individual with an active trusteeship account must immediately notify the trustee clerk of any change in work status, job, or personal address.
Individuals with active trusteeship accounts must immediately notify the trustee clerk of any change in their work status, job, or personal address.
Page 17 | RULE NO. 15 – TRUSTEESHIP
Court offices are open Monday through Friday from 8:30 A.M. to 4:30 P.M., except on weekends, legal holidays, and Good Friday; the Court may change these hours by order.
The offices of the Court shall be open between the hours of 8:30 A.M. and 4:30 P.M., Monday through Friday. These hours may be extended or diminished by Order of the Court from time to time. The Court offices will be closed on all weekends and legal holidays, and Good Friday of each year.
Page 4 | GENERAL AND ADMINISTRATIVE RULES — RULE NO. 1 – HOURS OF THE COURT