Crawford County Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance must be requested by written motion and will be granted only for good cause.
- A continuance motion must state the date from which the continuance is requested and the reasons for it.
- For trial conflicts, Federal and Common Pleas Court trials take priority, other Municipal or County Court cases are prioritized by the earliest setting, criminal trials take priority over civil trials, and other continuance requests are within the trial court’s discretion.
- +4 more
Request must include
- A continuance request made less than seven days before trial will not be considered unless reasonable diligence could not have revealed the circumstances at least seven days before trial.
Document Format Requirements2 rules
Complaints may be in statutory language, but should not contain surplus language from the statute or ordinance which is not involved in the case.
Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process,
Document Filing Requirements68 rules
A fax cover page must include the listed court, case, document, transmission, page-count, and filer information, with additional statements when applicable.
Court's wording
The attorney or other parties must provide the following information on the fax cover page: 1] the name of the Court; 2] the title of the case; 3] the case number; 4] the title of the document being filed; 5] the date of transmission; 6] the transmitting fax number; 7] an indication of the number of pages included in the transmission, including the cover page; 8] if a Judge or case number has not been assigned, state that fact on the cover page; 9] the name, address, telephone number, fax number, Supreme Court registration number, and, if available, an e-mail address of the person filing the fax document, if available; and 10] if applicable, a statement explaining how costs are being submitted.
In other actions, a Court Reporter may be supplied upon written request of either party or his/her counsel, provided such request is filed in writing at least five (5) court days prior to trial.
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.
An application to record or broadcast proceedings must be made in writing to the assigned judge.
Court's wording
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.
If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion.
Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.
Any objection to a finding of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.
Objections shall be specific and state with particularity the grounds for the objections.
They shall further contain a statement signed by the filing party that copies have been served on all other parties.
All criminal and traffic cases shall be commenced in this Court by the filing of a complaint. All complaints shall state the name of the offense charged and shall contain the numerical designation of the statute or ordinance.
If a warrant is requested on a complaint, the complaint shall be accompanied by an affidavit of fact pursuant to Ohio Criminal Rule 4(A)(1) whereby the Court can determine probable cause. An affidavit of fact merely phrased in statutory language and in substantially the same language as the complaint is not sufficient. In the alternative, the Court may hold a probable cause hearing in open Court before authorizing the issuance of the warrant.
When a defendant posts a property bond, the defendant’s attorney or an attorney for the property surety must provide the Clerk a title search certifying the property description, deed names, County Auditor value, and any filed liens.
Court's wording
In all criminal cases where the Defendant posts a property bond, his/her attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of the Courts with a title search, certifying the following: - A short description of the property; - The names that appear on the deed; - The true value of the property as shown on the records in the County Auditor’s office; and - Whether there are any liens on file against the property.
Written pleas of “not guilty” may be entered prior to the date of arraignment. The written plea of “not guilty” must contain the signed consent of the Defendant and the approval of the Prosecuting Attorney or Law Director.
When filing written pleas of “not guilty” on multiple charges, it is Defense counsel’s duty to insure that a plea form is signed, completed and file stamped for each offense
Appointed counsel is responsible for ensuring that a completed Affidavit of Indigency has been signed by Defendant, notarized and filed with the Court. Failure to do so may result in the non-payment of Appointed Counsel fees.
The Court reserves the right to examine the documents comprising the investigation of the Defendant’s indigence, but requires only the filing of the prescribed form of the Ohio Public Defender’s Office in the Court’s file regarding the individual Defendant.
All motions, except those normally made at trial, shall be made in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedure.
Motions shall be supported by Memorandums of Law containing applicable statutory and case law citations.
Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.
The Prosecuting Attorney or Law Director shall provide to Defendant or his/her attorney a written offer of settlement at least two (2) days prior to the scheduled pretrial or trial, if no pretrial has been scheduled.
A person claiming inability to pay incarceration costs must furnish the Court a signed written statement about assets, liabilities, and dependent-support costs.
Court's wording
any person before the Court for consideration under such Ordinance or Resolution who claims inability to pay the costs of incarceration, either in whole or part, shall furnish the Court with a written and signed statement setting forth information as to such person’s assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in financial institutions, property owned, the costs of supporting dependents, and debts.
A person claiming inability to pay a fine must furnish the Court a signed written statement about assets, liabilities, and whether the fine could be paid by a specified date if given more time.
Court's wording
any person who claims inability to pay a fine shall furnish the Court with a written and signed statement setting forth information as to such person’s assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in financial institutions, property owned, and debts, and shall set forth whether the fine could be paid by a certain date if time to pay were granted.
Upon a claim of indigency, a party shall file a written motion and affidavit setting forth his or her income and expenses, and the Court shall rule on the same.
Both counsels shall sign and file evidence of having held said first pretrial on a form prescribed by the Court and signed by counsel for the parties.
Each filing must identify filing counsel with contact and registration information and, for a law-firm filing, identify the attorney primarily responsible for the case.
Court's wording
Every pleading, motion, or document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.
The caption of a filing must identify parties appearing in the proceedings for the first time and include their complete addresses if known.
- Document
- Filing
- Placement
- Caption
Court's wording
In every pleading, motion, or document filed on behalf of a party or parties, there shall be set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceedings for the first time.
In the event a party claims to be indigent and unable to post the deposit, an affidavit as to such indigence shall be filed with the demand for jury, and the Court may summon the party into Court for further investigation of the claimed indigence.
A withdrawal application must be a written entry or motion stating its reasons and containing the listed trial information, service and client-notification certifications, and counsel’s statement about mailing a copy to the client.
- Document
- Withdrawal application
Include
- •Certificate of service
Court's wording
No such application will be considered unless a written entry or motion is presented stating the reasons for the application. The entry or motion will contain the following: [1] The time and date of trial, if set; [2] A certification of service to opposing counsel; [3] Certification that the client has bee notified that the attorney is seeking to withdraw from the case; [4] Counsel’s professional statement that , if allowed, a copy of the entry will be mailed immediately to the last known address of the client.
If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit or memorandum containing sufficient information in support of the claim.
A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and a proposed Judgment Entry with the Clerk of Courts.
- Document
- Default judgment motion
Must include
- •Proposed order
The Plaintiff must submit a judgment entry detailing the settlement terms within fourteen (14) days of such notification, unless otherwise ordered by the Court.
Military Affidavits pursuant to the Soldiers and Sailors Relief Act shall be filed with the proposed entry, unless filed earlier.
For an unliquidated claim or when the defaulting party has appeared, a hearing is required and the motion must state the hearing’s date and time on its face.
Court's wording
If the claim is un-liquidated, or if the party against whom judgment by default is sough has appeared in the action, or both, then a hearing is required before the Judge or Magistrate. In these cases, the motion for default judgment must include, on the face of the motion, notice of the date and time of the scheduled hearing on the motion.
For a vehicle levy, the party or attorney must provide the Bailiff an accurate vehicle description, a license or serial number, and a written lien statement, and determine fair market value through three appraisers.
Court's wording
If the item to be levied upon is an automobile or other motor vehicle, the party or his/her attorney shall furnish the Bailiff with an accurate description of the automobile or motor vehicle, a license number or serial number, and a written statement as to whether there are any liens on it, and he/she shall also determine the fair market value of the vehicle to be determined by three (3) appraisers.
Substitution of parties, at any stage of the proceedings, must be by motion and order of the Court.
For a levy on personal property, the attorney or party must give the Bailiff a detailed description, including the type, size, and number of items; a blanket instruction to levy on all goods and chattels is insufficient.
Court's wording
In all attachments or executions to be levied upon personal property, the attorney or party shall describe in detail those items which are to be levied upon; an instruction to “levy upon all goods and chattels” is not sufficient. Information must be supplied to the Bailiff as to the type, size, and number of items to be levied upon, so that the Bailiff can make an accurate estimate as to the cost of the proceedings, and so that he/she can require a sufficient deposit to secure costs before proceeding with the execution or attachment.
Garnishment papers must use the required statutory form, be properly completed and dated, and include proof of service of the demand; the Clerk must refuse noncompliant papers.
Court's wording
All garnishment proceedings shall be in the form required by Section 2715.11, Ohio Revised Code, and the garnishment papers will be properly filled out, including date. They will be accompanied by the proof of service of the demand required by Section 2715.02, Ohio Revised Code. The Clerk of this Court is instructed to refuse to accept for filing any garnishment papers not complying with this rule.
After a judgment ordering a defendant to vacate, the authorized person may not proceed until a praecipe requesting the action is filed.
Court's wording
When a judgment has been rendered ordering a defendant to vacate premises, the person authorized by the Court shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court’s Court Costs Schedule.
Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10 (B), and upon payment of the required cost, the Small Claim may be transferred to the regular docket.
A Small Claims action is commenced by filing a Small Claims Complaint, pursuant to Ohio Revised Code Section 1925.
An order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approved by the Judge.
A trusteeship applicant must complete the court’s application and creditor-statement forms, with the statement giving complete creditor and debt information under oath.
Court's wording
The debtor/applicant must complete the Court form “Application for the Appointment of a Trustee” along with the Court form “Statement as to Creditors” which shall contain a full, accurate, and complete statement, under oath, of the names of the debtor/applicant’s secured and unsecured creditors with liquidated claims, the creditors’ addresses, account numbers, and the amount due each creditor.
A trusteeship application must include a copy of the Fifteen Day Demand or it will be denied.
Court's wording
The applicant shall attach a copy of the demand in accordance with ORC §2716.02 (commonly known as a “Fifteen Day Demand”) to the application. Any application that does not have the above demand attached will be denied.
Upon receipt of a notice of the filing of an application for trusteeship as provided in ORC §2329.70, a secured creditor shall file with the Court, in writing, its election to participate and its agreement with the debtor/applicant, if such has been created, or its objection to being included.
If debtor/applicant becomes unemployed, the debtor/applicant shall provide to this Court written documentation demonstrating his/her efforts to obtain gainful employment.
The debtor/applicant must report in person to this Court each month in which he/she had no personal earnings from employment. At said time, debtor/applicant shall complete an affidavit swearing that he/she did not earn any personal earnings for that month.
The debtor/applicant shall complete the Court form “Trustee Payment” for each present pay period. The debtor/applicant shall attach a copy of his/her pay stub or written statement of the debtor’s pay for that period from the employer to the “Trustee Payment” form.
The debtor/applicant shall provide this Court and the Trustee with written notification of any changes in employment or place of residence within ten (10) days.
unless, upon motion supported by affidavit, the debtor/applicant proves to the satisfaction of this Court that the failure to maintain the trusteeship was not due to willful neglect.
Before a tenant can use rent escrow, the tenant must give written notice to the landlord, specifying the acts, omissions, or code violations that constitute a violation of the landlord’s duties.
An application for rent escrow may be filed by a tenant along with one (1) month’s rent. The tenant must bring the current address of the landlord or landlord’s agent. The application must have attached to it, a copy of the notice sent to landlord and the certificate of mailing.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party whose favor an order of judgment is rendered shall prepare a journal entry unless the trial Judge indicates that he/she will prepare same; if Court-prepared, the entry will not be submitted for approval.
The journal entry shall state which party will pay the Court costs.
Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.
Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond.
Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption, or a deferral.
All requests for excuse, exemption, or deferral must be made on the form provided, and shall be accompanied by appropriate documentation.
No person who does not complete the jury excuse deferral or exemption form shall be excused from service.
At arraignment, a Defendant may be required to answer questions under oath about his/her financial ability to obtain counsel. The Defendant may also be required to complete a certification of assets [i.e. Affidavit of Indigency] to verify indigence and eligibility for the appointment of counsel.
Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial date.
Insofar as the party filing a document is aware of the Judge to whom the case is assigned, he/she shall note the same between the Case Number and the title of the document in the caption.
- Document
- Filing
- Placement
- Caption
Change of trial counsel may be permitted by the Court upon the filing of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of such case.
Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial. Upon completion or termination of the trial, the Court shall gather any jury questionnaires previously distributed and dispose of the same.
The notice shall include an order to each creditor to authenticate each claim and to provide the court with a proof of claim.
If the debtor/applicant fails to maintain the agreement, the creditor may request in writing to be released from the trusteeship.
Court's wording
Upon the failure of the debtor/applicant to maintain such agreement, the creditor may be released from the trusteeship upon written request to this Court, to pursue its chattel property or other remedies as provided by law, which are not in violation of ORC §2329.70
The court may dismiss for want of prosecution when the plaintiff and/or counsel fails to appear, and may proceed ex parte when the defendant fails to appear.
Court's wording
The Court, while presiding at a pretrial conference, shall have the authority to dismiss the action for want of prosecution on motion of defendant upon failure of Plaintiff and/or his/her counsel to appear in person at any pretrial conference or trial; to order the Plaintiff to proceed with the case and to decide and determine all matters ex parte upon failure of the defendant appear in person or by counsel at any pretrial conference or trial; to make such other order as the Court may
The Court may require the parties to file a pretrial statement to become part of the record and the case embracing all stipulations, admissions, and other matters which have come before it at pretrial.
Filing & Service rules
Electronic Filing Rules
Pleadings and other papers may be filed by facsimile; fax documents and signatures are accepted as originals, and filers must retain the originals for inspection if requested.
The Court provides for the filing of pleadings and other papers by electronic means. All pleadings and other papers may be filed with the Court by facsimile [419] 562-7064, subject to the following provisions: A] A document filed by facsimile transmission will be accepted as original and the signature accepted as original. The facsimile documents need not be followed with the original pleadings or other papers, but the originals must be maintained by the filing party and are subject to inspection by the Court if requested.
Page 5 | Rule 7. Facsimile filing
Computer- or electronically produced tickets may be used and filed in the court.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Crawford County Municipal Court.
Page 12 | 17. Affidavits and Complaints
Filing Timing and Cure Windows
The Clerk must notify the filer if a fax cannot be filed, and a submitted document is considered filed only after the Clerk stamps it and it is properly docketed.
The Clerk shall notify the attorney or other parties if the transmitted document cannot be filed for any reason. All document submitted will be considered filed only when the date/time has been stamped by the Clerk and the document has been properly docketed.
Page 6 | Rule 7. Facsimile filing
In actions other than jury trials, a party seeking a Court Reporter must file a written request at least five court days before trial; provision of a reporter is permissive.
In other actions, a Court Reporter may be supplied upon written request of either party or his/her counsel, provided such request is filed in writing at least five (5) court days prior to trial.
Page 6 | Rule 8. Recording of Court Proceedings
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.
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 7
After a party files objections, any other party has ten days to file objections.
Thereafter, any other party shall have a period of ten days to file objections.
Page 10 | Rule 14. Objections to Magistrate’s Decision
A party may file written objections to a magistrate’s decision within fourteen days after the decision is filed.
Any party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision.
Page 10 | Rule 14. Objections to Magistrate’s Decision
Motions, except those normally made at trial, must be made within the time limits prescribed by the Ohio Rules of Criminal Procedure.
All motions, except those normally made at trial, shall be made in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedure.
Page 15 | Rule 28. Motion Practice
A motion filed outside the Ohio Rules of Criminal Procedure time limits requires prior leave of court.
Motions made outside the time limits prescribed in the Ohio Rules of Criminal Procedure shall not be filed without first obtaining leave to file from the Court.
Page 15 | Rule 28. Motion Practice
A later jury-trial waiver must be made at least eight days before trial.
Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.
Page 16 | Rule 33. Waiver of Jury
Witness praecipes must be filed at least five days before trial unless the case is set for trial less than five days in advance.
All praecipes for witnesses shall, unless the case is set for trial less than five (5) days in advance, be filed not less than five (5) days prior to trial date.
Page 16 | Rule 31. Subpoenas
A criminal jury demand must be filed by the later of at least 10 days before trial or the third day after receiving notice of the trial date.
In criminal cases the demand for jury trial must be filed within the time limits set forth in Ohio Criminal Rule 23(A), that is not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later.
Page 16 | Rule 32. Demand for Jury Trial
The opposing party must move or plead by the fourteenth day after the pleading or amended pleading is filed, unless the Court orders otherwise.
The opposing party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.
Page 19
After a Small Claims Court case is transferred to the regular docket, defendants must file an answer within fourteen days of the transfer entry.
Where a case is transferred from Small Claims Court to the regular docket of the Court pursuant to Section 1925.10, Ohio Revised Code, the answer of the defendant or defendants shall be filed within fourteen (14) days of the date of the entry ordering such transfer.
Page 19
The settlement judgment entry is due within 14 days after notification, unless the Court orders otherwise.
The Plaintiff must submit a judgment entry detailing the settlement terms within fourteen (14) days of such notification, unless otherwise ordered by the Court.
Page 22 | Rule 50. Notification of Settlement
Settlement or voluntary-dismissal notice must be given before the day of trial or the next scheduled hearing.
Such notification must occur before the day of trial or next scheduled hearing.
Page 22 | Rule 50. Notification of Settlement
Jury demands in forcible entry and detainer actions must be filed no later than three business days before trial.
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 scheduled trial date.
Page 25
A defendant must reduce their affidavit to an answer or move as if served with the complaint within 14 days of their filing.
If a Defendant, the same reduce his/her affidavit to an answer or move as though served with complaint within fourteen [14] days of the date of his/her filing.
Page 25 | Rule 58. Small Claims Division
A secured creditor must answer the notice within ten days of receiving it; otherwise, the Court treats the creditor as having elected to participate and bars assertion of its lien while the debtor/applicant maintains the trusteeship agreement.
Failure of a secured creditor to answer such notice as provided in ORC §2329.70 within ten (10) days after receiving notice, shall be held by this Court as an election to participate in the trusteeship, and such creditor shall be estopped to assert its lien for so long as the debtor/applicant maintains his/her trusteeship agreement, as provided by ORC §2329.70.
Page 27 | Secured Creditors
The debtor/applicant must make each trusteeship payment within three working days after receiving pay from the employer.
Payments are to be made into the trusteeship within three (3) working days of the date the debtor/applicant received his/her pay from his/her employer.
Page 28 | Payment Information
The written notification of an employment or residence change is due within ten days.
The debtor/applicant shall provide this Court and the Trustee with written notification of any changes in employment or place of residence within ten (10) days.
Page 29 | Changes in Residence or Employment
After dismissal for nonpayment, a new trusteeship may not be filed for six months unless the debtor/applicant obtains relief by motion supported by affidavit showing the failure was not willful neglect.
If a trusteeship is dismissed for nonpayment, the trusteeship shall not be reinstated, and the debtor/applicant shall not be permitted to file for a new trusteeship for a period of six (6) months from date of the dismissal of the trusteeship, unless, upon motion supported by affidavit, the debtor/applicant proves to the satisfaction of this Court that the failure to maintain the trusteeship was not due to willful neglect.
Page 30 | Termination of Trusteeship
If a case not set for trial has had no action for six months, the clerk must notify the party that it will be dismissed within 30 days unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within thirty (30) days unless good cause is shown.
Page 31 | Rule 61. Caseflow Management in Civil Cases
If service fails, the clerk must notify counsel immediately; counsel must obtain service within six months after filing or the case may be dismissed after 30 days’ notice unless good cause is shown.
In then event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six [6] months from the date the cause of action has been filed, then the Clerk shall notify counsel that the counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 31 | Rule 61. Caseflow Management in Civil Cases
If a settlement entry marked “to come” is not received within 30 days, the clerk must notify the party that the case will be dismissed unless the entry is received within the next 30 days.
When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his/her case will be dismissed unless the entry is received within thirty (30) days.
Page 32 | Rule 61. Caseflow Management in Civil Cases
An entry for a settlement that avoids trial must be filed within 30 days or the case will be dismissed for want of prosecution.
but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 33 | Judgment Entries
A counsel-prepared journal entry must be submitted to opposing counsel within 14 days of the decision.
If counsel- prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the decision.
Page 33 | Judgment Entries
Special-proceeding hearings must be set within applicable Ohio Revised Code time limits or, in other cases, within a reasonable time not exceeding 90 days.
Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.
Page 33 | Rule 62. Case Management in Special Proceedings
Opposing counsel must approve or reject the entry within 7 days; otherwise, it must be sent to the Court marked “unapproved.”
Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the Court marked “unapproved”.
Page 33 | Judgment Entries
The journal entry must be submitted to the Judge for signature within 21 days of the decision.
Within twenty-one (21) days of the decision, the journal entry shall be submitted to the Judge for signature.
Page 33 | Judgment Entries
After failure to obtain service of summons within 6 months in a new case, the Clerk must give counsel 30 days’ notice before dismissal, unless good cause is shown.
In all new cases, if counsel fails to obtain serve of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 33 | Rule 62. Case Management in Special Proceedings
If a settlement entry is not received within 30 days after a file is marked “Settlement to Come,” the Clerk must notify the party that the case will be dismissed unless the entry is received within a further 30 days.
When a file has been marked “Settlement to Come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his/her case will be dismissed unless the entry is received within thirty (30) days.
Page 34 | Rule 62. Case Management in Special Proceedings
Proposed jury instructions must be submitted at least 24 hours before trial begins.
Such proposed jury instructions shall not be submitted less than twenty-four (24) hours prior to the beginning of said trial.
Page 38 | Rule 70. Jury Orientation
When findings of fact and conclusions of law are requested, the objections period begins when the magistrate files a decision that includes them.
If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision including findings of fact and conclusions of law.
Page 10 | Rule 14. Objections to Magistrate’s Decision
The Court will freely grant the leave to file if the motion is filed and appropriate time is available to hear the subsequent pretrial motion.
The Court will freely grant the leave to file if the motion is filed and appropriate time is available to hear the subsequent pretrial motion.
Page 15 | Rule 28. Motion Practice
A trial must be scheduled within 60 days.
A trial shall be scheduled within sixty (60) days.
Page 31 | Rent Escrow
Immediately after a responsive pleading is filed, the Clerk must forward it and the file to the Judge for hearing scheduling.
After any responsive pleading is filed, the Clerk shall immediately forward said pleading and file to the Judge so that the matter may be set for a hearing.
Page 33 | Rule 62. Case Management in Special Proceedings
A landlord may file a complaint to release all deposited rent at any time after the tenant files a rent escrow application.
A complaint to release the total rent deposited may be filed by the landlord any time after the tenant’s application for rent escrow has been filed.
Page 31 | Rent Escrow
Either party may file a motion for partial release of deposited rent at any time while the rent escrow case is pending.
At any time during the pendency of a rent escrow case, either party may file a motion for partial release of rent deposited.
Page 31 | Rent Escrow
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 33 | Judgment Entries
A case may be settled to avoid trial without filing an entry at that point.
The avoidance of trial by settlement shall be allowed without the filing of an entry
Page 33 | Judgment Entries
Service and Proof of Service Rules
Continuance requests must be served on opposing counsel or the opposing party.
All requests shall be served on the opposing counsel or the opposing party.
Page 9 | Rule 11. Continuances
When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant 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 in compliance with Traffic Rule 3 (E).
Page 12 | 17. Affidavits and Complaints
Motions, except those normally made at trial, must be served on opposing counsel.
All motions, except those normally made at trial, shall be made in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedure.
Page 15 | Rule 28. Motion Practice
The prosecution must provide complete discovery within 15 days of demand or before the pretrial, whichever is earlier.
The Prosecuting Attorney or Law Director shall provide to Defendant or his/her attorney complete discovery within fifteen (15) days of the demand or before the pretrial, whichever is earlier.
Page 15 | Rule 29. Discovery.
The defense must provide reciprocal discovery within 10 days after receiving discovery from the Prosecutor.
The defense shall provide reciprocal discovery within ten (10) days of the receipt of discovery form the Prosecutor.
Page 15 | Rule 29. Discovery.
The written settlement offer must be provided to the Defendant or the Defendant's attorney at least two days before the scheduled pretrial or, if none is scheduled, before trial.
The Prosecuting Attorney or Law Director shall provide to Defendant or his/her attorney a written offer of settlement at least two (2) days prior to the scheduled pretrial or trial, if no pretrial has been scheduled.
Page 16 | Rule 30. Settlement Offers
File enough copies for any pleading, motion, or document that the Clerk, Bailiff, or Sheriff will serve.
Sufficient copies of every pleading, motion, or document to be served by the Clerk, Bailiff, or Sheriff, shall be filed with the Clerk.
Page 19
The original filing must note that a copy was mailed or delivered to the adverse party.
The fact of such mailing or delivery to the adverse party shall be noted on the original.
Page 19
The filer of a post-complaint pleading, written motion, or brief must mail or deliver a copy to each party or that party’s attorney.
It shall be the duty of the party or attorney filing a pleading, written motion, or brief subsequent to the complaint to mail or deliver a copy thereof to each party to the case, or the attorney for such party.
Page 19
When no law or other rule fixes the filing, serve the pleading or amended pleading by the fourteenth day after the specified entry, unless the entry sets another date.
In all cases where the filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.
Page 19
If service of summons fails, the complainant or counsel must make additional service efforts within six months after the cause of action is filed.
In the event there is a failure of service of summons, the complainant or his/her attorney shall make additional effort within six (6) months from the date the cause of action was filed.
Page 20 | Rule 43. Failure of Service
The motion and hearing notice must be served on the opposing party under Rule 4(C) at least seven days before the hearing, and the moving party must show proper service.
Service of the motion and notice of hearing shall be made on the opposing party in accordance with Rule 4(C) and not less than seven (7) days before the scheduled hearing. The moving party shall be responsible to show that the other parties have been properly served as required by this rule.
Page 22 | Rule 51. Default Judgment
The Clerk must serve copies of the Court’s decision on the parties or their attorneys.
Copies of the Court’s decision shall be served upon the parties or their attorneys by the Clerk.
Page 23
A substitution motion and notice of hearing must be served on parties under Civil Rule 5 and on nonparties under Civil Rules 4 through 4.6.
The motion for substitution may be made by any party or by the successor of any party and, together with a notice of hearing, shall be served on the parties as provided in Civil Rule 5, and upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons.
Page 23 | Rule 52. Substitution of Parties
At the end of the hearing on the first cause of action, 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 cause of action, the Judge or Magistrate shall file a judgment entry and cause a copy to be served upon all parties.
Page 24 | Rule 57. Forcible Entry and Detainer
For the hearing on a second cause of action for money damages, the Judge or Magistrate must file a judgment entry and have a copy served on all parties.
The Judge or Magistrate shall file a judgment entry and cause a copy of the same to be served upon all parties.
Page 24 | Rule 57. Forcible Entry and Detainer
Garnishment papers must be accompanied by proof that the required demand was served.
They will be accompanied by the proof of service of the demand required by Section 2715.02, Ohio Revised Code.
Page 24 | Rule 54. Garnishment Proceedings
Notice of a jury demand must be given to all parties no later than three business days before trial.
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 scheduled trial date.
Page 25
The rent-escrow notice must be sent to the person or place where rent is normally paid and mailed with a certificate of mailing.
The notice must be sent to the person or place where rent is normally paid and shall be mailed with a certificate of mailing.
Page 30 | Rule 60. Rent Escrow
The clerk must serve the tenant with the landlord’s complaint by regular mail.
The Clerk shall serve the tenant by regular mail.
Page 31 | Rent Escrow
The clerk must serve the rent escrow application on the landlord by certified mail with return receipt requested, and may have the tenant request regular-mail service if certified-mail service fails.
The Clerk of Court shall serve the application on the landlord by certified mail, return receipt requested. The Clerk may also have the tenant sign a request for regular mail service in event that service by certified mail service fails.
Page 31 | Rent Escrow
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 31 | Rule 61. Caseflow Management in Civil Cases
In a new case, counsel must obtain service of summons within 6 months; good cause may avert dismissal after the Clerk gives 30 days’ notice.
In all new cases, if counsel fails to obtain serve of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 33 | Rule 62. Case Management in Special Proceedings
Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date.
All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 35 | Jury Management Plan
The Court will notify the Law Director or assistant, defense attorney, and Defendant of hearing dates; notice is sufficient if sent to the last known address in the case file.
The Court will notify the Law Director or his/her assistant, the attorney for the Defendant, and the Defendant as to the dates of any hearings. Notices shall be deemed sufficient if sent to the last known address listed on the papers making up the file on the case.
Page 14 | Rules 26. Notification as to Cases Set for Hearing
The Defendant or the Defendant's attorney must ensure defense witnesses are properly subpoenaed and properly served.
It is the responsibility of Defendant or his/her attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained.
Page 16 | Rule 31. Subpoenas
Counsel must ensure prosecution-witness subpoenas are properly requested, and the Law Director or assistant must determine whether service was obtained in time for trial or hearing.
It is the responsibility of the counsel for the parties to see that subpoenas for prosecution witnesses are properly requested. Once subpoenas are issued, the Law Director or his/her assistant shall determine whether service has been obtained for the purpose of assuring service before trial or hearing date.
Page 16 | Rule 31. Subpoenas
A pleading, motion, or brief may be stricken for failure to comply with the service rule.
Failure to comply with this rule shall be sufficient cause to strike the pleading, motion, or brief from the files.
Page 19
The Court may dismiss for failure to prosecute if the complainant or counsel does not make the additional service effort required by the rule.
If the complainant or his/her counsel fail to comply with this rule, the Court may proceed to dismiss the case for failure to prosecute pursuant to Ohio Civil Rule 41.
Page 20 | Rule 43. Failure of Service
The Court must notify each listed creditor of the debtor/applicant’s intent to satisfy the debt through the trusteeship program.
After debtor/applicant has completed all the above, the Court shall provide notice to each creditor listed on the Statement of Creditors of the debtor/applicant’s intent to satisfy the debt through the trusteeship program pursuant to ORC §2329.70.
Page 27 | Notification of Trusteeship
If a listed claim substantially differs from the creditor’s verified amount, the Clerk must notify the debtor/applicant, set a hearing, and provide hearing notice to each party.
If a claim listed by debtor/applicant varies substantially in amount from that verified by the creditor, the Clerk shall notify debtor/applicant of the discrepancy and this matter shall be set for a hearing on said discrepancy. Notice of hearing shall be given to each party and hearing held and judgment rendered as in all other civil proceedings.
Page 27 | Notification of Trusteeship
A creditor or debtor/applicant may apply to add an omitted creditor to the trusteeship, provided notice is given to the other party.
If a debtor/applicant fails, through mistake or otherwise, to list a creditor, that creditor or debtor/applicant may apply to this Court, with notice to the other party, to list the omitted creditor in the trusteeship.
Page 28 | Additional Creditors
The assignment commissioner must notify all counsel of record of a pretrial conference by mail and/or telephone at least 14 days beforehand.
Notice of Pretrial conference shall be given to all counsel of record by mail and/or telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 32 | Pretrial conferences
Depositing a pleading copy with the Clerk satisfies the service-copy requirement when the copy is to accompany a summons.
If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient compliance with this rule to deposit such copy with the Clerk.
Page 19
Filing Fees and Waivers
Upon request, a Defendant must pay the $25 court-appointed-attorney fee, which the Court may waive or assess as court costs.
Defendant shall pay the required twenty-five Dollars ($25.00) fee upon request for a court appointed attorney. The Court, in its discretion, may waive this cost or assess it to the court costs.
Page 14 | Rule 25. Counsel for Indigent Defendants
A party requesting a jury trial must make an advance deposit within fourteen days of the scheduled trial or the jury demand is waived and the case proceeds before the Court.
When a jury trial is demanded, the party requesting the same shall make an advance deposit. If the deposit is not made within fourteen days of the scheduled trial, the jury demand will be deemed to have been waived and the case will proceed as a trial before the Court.
Page 18 | Rule 40 Court Costs and Security Deposits
A filing will not be accepted unless its scheduled filing fee is deposited before or at the same time as filing.
No pleading, motion or other document shall be accepted for filing by the Clerk of Courts unless there is first deposited or simultaneously deposited the filing fee set forth in the schedule of costs.
Page 18 | Rule 40 Court Costs and Security Deposits
A civil jury-trial demand must comply with Civil Rule 38 and include a deposit securing the first day’s jury cost.
A demand for a civil jury trial shall be made as required by Civil Rule 38 and shall be accompanied by a deposit as security for the first day jury cost.
Page 20 | Rule 45. Jury Trials and Demands
The Clerk may not enter satisfaction of judgment until all court costs are paid.
No satisfaction of judgment shall be entered by the Clerk unless all court costs have been paid.
Page 24 | Rule 56. Satisfaction of Judgment
Filing costs must be paid before a Small Claim may be transferred to the regular docket.
Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10 (B), and upon payment of the required cost, the Small Claim may be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
Page 25 | Rule 58. Small Claims Division
The praecipe must be accompanied by a deposit in accordance with the Court Costs Schedule.
When a judgment has been rendered ordering a defendant to vacate premises, the person authorized by the Court shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court’s Court Costs Schedule.
Page 25
A jury demand must be accompanied by payment of jury costs.
A jury demand must be accompanied by payment of jury costs.
Page 25
The filing fee to establish a trusteeship is $35.00.
The filing fee for establishing a trusteeship in this Court is $35.00.
Page 26 | Rule 59. Trusteeship
A two-percent processing fee is assessed on all trusteeship payments and must be distributed to the Court before other distributions.
A two percent (2%) processing fee will be assessed against all payments made to the Trustee towards the trusteeship. The Trustee shall distribute the processing fee to the Court before any other distributions are made.
Page 28 | Court Processing Fee
Civil cases require a $270 jury deposit; nonpayment means no jury will be summoned and waives jury trial, although an indigent person may petition for a waiver, and criminal cases require no deposit.
In civil cases, a jury deposit of Two Hundred Seventy and 00/100 Dollars ($270.00) shall be assessed. In the event the deposit is not made, no jury will be summoned, and the failure to make said deposit shall be deemed a waiver of the right to trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement. In criminal cases, no deposit shall be required.
Page 35 | Rule 67. Summoning of Prospective Jurors
A schedule of costs and filing fees for civil, criminal, and traffic cases is available upon request at the Clerk’s office, and the Court may amend it.
The Court has adopted a schedule of costs and filing fees in civil cases, as well as criminal and traffic cases, which shall be available upon request at the Clerk’s office. The Court may amend the same as the Court deems necessary.
Page 5 | Rule 6. Court Costs and Filing Fees
The Court charges a fee to retrieve and copy electronic recordings, and the requester must pay that cost in advance.
The Court shall charge a fee to retrieve and copy any electronic recordings of proceedings and the person requested said copy shall be responsible for the advance payment of said cost.
Page 6 | Rule 8. Recording of Court Proceedings
A party who requests a transcript must pay for it.
In instances where one of the parties has requested a transcript, the party requesting shall pay for such transcripts.
Page 6 | Rule 8. Recording of Court Proceedings
The party requesting a Court Reporter must bear the cost and pay the Court Reporter directly.
In such a case, the Court Reporter’s cost shall be borne by the party requesting the same, who shall pay the costs directly to the Court Reporter.
Page 6 | Rule 8. Recording of Court Proceedings
If a party’s judgment for costs appears unsatisfied, the Clerk may refuse that party’s new filing until the unpaid costs are paid, unless the Court orders otherwise.
When a judgment for costs against a party appears unsatisfied, the Clerk may refuse to accept for filing any new action or proceeding instituted by or on behalf of such party, unless otherwise ordered by the Court, without such party first making payment to the Clerk for such unpaid costs.
Page 18 | Rule 40 Court Costs and Security Deposits
The Clerk will make a copy for counsel of record not previously supplied with one and charge the copying expense as costs in the case.
The Clerk shall make a copy of any pleading, motion, or document for the use of any counsel of record who has not previously been supplied with a copy, and charge the expense thereof as costs in the case.
Page 19
The jury-cost deposit is applied to the case costs if those costs are taxed to the party who posted it.
Said sum shall be applied to the costs of the case in the event that costs are taxed to the party posting such deposit upon disposition of the case.
Page 20 | Rule 45. Jury Trials and Demands
If a civil case is settled or dismissed before trial but not all jurors can be notified, the requesting party must pay the fees of jurors who report on the trial date.
In the even a civil case is settled or dismissed prior to trial and it is not possible to notify all jurors of such cancellation, the requesting party shall bear the cost of juror fees for those jurors who report on the day of trial.
Page 20 | Rule 45. Jury Trials and Demands
A $5.00 filing fee is required for each creditor added.
The filing fee for adding creditors for this Court is $5.00 per creditor.
Page 29
Court costs of one percent of the deposited rent are assessed against that rent at the end of the case.
Court costs of one percent (1%) of the amount deposited shall be assessed against the rent deposited at the end of the case.
Page 31 | Filing Fee
The Court’s separate order sets the schedule of costs, security deposits, and filing fees for all cases.
The schedule of costs, security deposits, and filing fee for all cases in the Crawford County Municipal Court will be as set forth by separate order of this Court.
Page 18 | Rule 40 Court Costs and Security Deposits
If the case costs are not taxed to the party who posted the jury deposit, the deposit is refunded at the conclusion of the case.
Otherwise, the deposit shall be refunded to the party posting it as the conclusion of the case.
Page 20 | Rule 45. Jury Trials and Demands
Sealing & Redaction Procedures
Before allowing inspection or copying of filed papers, the Clerk must make any social security numbers illegible.
The Clerk shall permit any person to examine and to make a copy of any papers filed after the Clerk has made illegible any and all social security numbers that may appear on said document.
Page 5 | Rule 5. Clerk of Court
When the Defendant is pro se, copies of jury questionnaires provided to the Prosecuting Attorney and Defendant must make prospective jurors' addresses, telephone numbers, and Social Security numbers illegible.
In cases where the Defendant is pro se, the Prosecuting Attorney and Defendant shall receive a copy of the jury questionnaires in which prospective jurors address, telephone number and social security number have been made illegible.
Page 16 | Rule 34. Jury Questionnaires
Filing Bundling Requirements
If no hearing or trial has been set, the clerk must set a hearing date; otherwise, the motion must be consolidated with the pending hearing or trial.
If no hearing or trial has been set, the Clerk of Court shall set a hearing date. If the matter has been set for an oral hearing or trial, the motion shall be consolidated with the pending trial or hearing.
Page 31 | Rent Escrow
Pre-Motion Conference Requirements
Opposing counsel must respond in the same manner within 14 days, after which the motion is submitted unless the court extends the time; an oral hearing is granted only if requested in writing and deemed necessary by the court.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court. There will be no oral hearing granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary.
Page 32 | Motions
A motion capable of being decided without a hearing must be ruled on without one.
Any motion which, by its nature, is capable of being determined without a hearing shall be ruled on without a hearing.
Page 15 | Rule 28. Motion Practice
Motions not heard or decided before trial will be resolved at trial.
All motions not heard or decided prior to trial will be disposed of at trial.
Page 15 | Rule 28. Motion Practice
A motion is submitted on written briefs unless an oral hearing is requested; the request requires prior notice to opposing counsel, and opposing counsel may request a hearing in writing within seven days after receiving the motion.
In the absence of a request to the Court for an oral hearing, notice of which request shall have been previously given to opposing counsel, a motion shall be deemed submitted on written briefs unless the opposing counsel requests in writing an oral hearing, which request shall be submitted within seven (7) days of receiving the motion.
Page 19
Adjournment & Extension Requirements
A continuance must be requested by written motion and will be granted only for good cause.
Every request for a continuance shall be by written motion and will only be granted upon showing of good cause.
Page 9 | Rule 11. Continuances
A continuance request made less than seven days before trial will not be considered unless reasonable diligence could not have revealed the circumstances at least seven days before trial.
No request for continuance will be considered if made less than seven [7] days before trial except for circumstances which by reasonable diligence could not be determined seven [7] or more days prior to trial.
Page 9 | Rule 11. Continuances
A continuance motion must state the date from which the continuance is requested and the reasons for it.
The motion shall set forth the date from which a continuance is requested and reasons for the continuance.
Page 9 | Rule 11. Continuances
A continuance to a specific date is granted only upon a showing, satisfactory to the Court, that it is necessary.
All cases will be heard on the day assigned for pretrial and trial, and continuances to a day certain will only be granted upon the demonstration to the satisfaction of the Court of the necessity for the continuance.
Page 20 | Rule 44. Assignment of Cases
A pretrial conference continuance may be granted for good cause and requires approval from the Judge or Magistrate before whom it is scheduled.
Continuances of pretrial conferences may be granted upon the showing of good cause, and no continuance shall be granted without approval of the Judge or Magistrate before whom the pretrial is scheduled.
Page 21 | Rule 48. Pretrial Procedure for Civil Cases
A jury demand automatically continues the case.
Such demand automatically continues the case and the moving party must post bond in accordance with R.C. 1928.08.
Page 25
For trial conflicts, Federal and Common Pleas Court trials take priority, other Municipal or County Court cases are prioritized by the earliest setting, criminal trials take priority over civil trials, and other continuance requests are within the trial court’s discretion.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, cases set in Federal Court and Common Pleas Courts trial shall have priority and shall be tried on the date assigned. With regard to other cases set in Municipal or County Court, those cases set first in time shall have priority. Criminal cases assigned for trial have priority over civil cases. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 9 | Rule 11. Continuances
An application to continue a pretrial conference must be addressed to the judge.
Any application for continuance of the conference shall be addressed to the Judge.
Page 32 | Pretrial conferences
Chambers Communication Rules
Defense counsel must notify the Clerk of changes in the number of charges.
and to notify the Clerk of the number changes.
Page 13 | Rule 23. Written Plea of Not Guilty
Counsel, parties, and witnesses must not have any contact with jurors.
Under no circumstances shall counsel, a party, or other witness, have any contact with jurors.
Page 38 | Rule 70. Jury Orientation
Communications between the Judge and the jury panel must be written or placed on the open-court record, and counsel must be informed and given an opportunity to be heard.
All communications between the Judge and the members of the jury panel, from the time of reporting to the Court through dismissal, shall be committed to writing or placed on the record in open Court. Counsel for each party shall be informed of any communications, and shall be given the opportunity to be heard as to such communication.
Page 38 | Rule 70. Jury Orientation
The Clerk’s office is open for business weekdays from 8:00 a.m. to 4:30 p.m., except legal holidays, but the Court may designate other closures.
The Office of the Clerk shall be open for the transaction of business from 8:00 a.m. to 4:30 p.m., Monday through Friday each week, legal holidays excepted. The Clerk’s office may be closed at such other times as the Court may designate.
Page 4 | Rule 3. Hours of Court Sessions
For a settlement or voluntary dismissal, the person pursuing each claim may notify the Court by telephone.
In cases of settlement or voluntary dismissal, the Court will accept notice of the same by telephone from the person pursuing each claim.
Page 22 | Rule 50. Notification of Settlement
Counsel are encouraged to provide available dates to the Clerk.
It is suggested that counsel provide available dates to the Clerk.
Page 9 | Rule 11. Continuances