Darke County Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A witness’s failure to appear is not grounds for a continuance when the praecipe was not timely filed.
- The Court may extend filing time for pleadings or other matters, in its discretion, upon a motion showing good cause and complying with the Civil Rules.
- A continuance request must state its reason in a written motion or be made on the record in open Court, and continuances are discretionary and granted only for good cause.
- +12 more
Request must include
Page & Word Limits1 rule
Electronic documents limited to five (5) pages in length.
- Electronic document
- Up to 5 pages
Document Format Requirements11 rules
The filing party must provide enough copies for each party served and an original for the Court.
Court's wording
When any papers are being filed, by the attorney of record or self-represented parties, sufficient copies shall be furnished by the filing party to cover each party served, as well as an original for the Court.
Except for motions made on the record in open Court, motions must be in writing and accompanied by a written memorandum.
Court's wording
All motions, other than those made in open Court on the record, must be in writing, accompanied by a written memorandum containing the arguments of counsel and pertinent law and filed in accordance with the Ohio Rules of Civil Procedure.
A party desiring a jury trial shall file a jury demand in writing in accordance with Civ. R. 28 and Civ. R. 39.
- Jury demand
Formatting
- •The jury demand must be in writing
Any motion for continuance must be filed in writing stating the reason for the continuance, or made on the record in open Court.
All evidence must be numbered for reference during the trial/hearing.
Bank Attachments may be filed on forms provided by the Court for filing in Darke County Municipal Court only.
Debtor’s exams must use forms submitted by the judgment creditor and include an original and the specified copies.
Court's wording
DEBTOR’S EXAM: Debtor’s Exams must be filed on forms submitted by the judgment creditor. Filings shall include one (1) original, which shall be retained by the Clerk of Court, one (1) to return to the Plaintiff, and one (1) per Defendant being served.
Personal-earnings garnishments must use the Court-provided forms and include the specified notices and copies of the affidavit and order.
Court's wording
GARNISHMENT OF PERSONAL EARNINGS: Garnishment of Personal Earnings may be filed on forms provided by the Court for filings in Darke County Municipal Court only. The filing shall include two (2) copies of the Notice to Judgment Debtor, one (1) copy of the 15-day Notice with method of mailing attached (i.e., certified mail, ordinary mail with certificate, etc.) and an original and four (4) copies of the Affidavit and Order for Garnishment.
Pretrial Agreements filed with the Court must be completed in their entirety using the required format and printed on blue paper.
- Pretrial agreement
Formatting
- •Printed on blue paper
Computer-produced or electronically produced tickets are permitted if they conform substantively, including in layout and content, to the Ohio Uniform Traffic Ticket; paper color, weight, and binding rules do not apply to them.
Court's wording
The Court permits the use of a ticket that is produced by computer or other electronic means, provided that the ticket conforms in all substantive respects, including layout and content, to the “Ohio Uniform Traffic Ticket.” The provision of the rule relative to the color and weight of paper and method of binding shall not be applicable to any ticket that is produced by a computer or other electronic means.
Reasons for exemption, excuse and deferral must be in writing (or recorded) pursuant to O.R.C. §2313.15 and may include:
Document Filing Requirements61 rules
All papers offered for filing with the Court shall bear: • A case caption and case number;
- Document
- Court paper
- Placement
- Caption
Must include
- •Case number
All documents filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney and show the Supreme Court Registration Number.
The typed name, office address, office telephone number, attorney registration number and signature of the designated trial attorney, if applicable.
• A title identifying the name and party designation of the party filing the paper and the nature of the document (e.g., Answer of Defendant, John Doe) and;
All attorneys of record shall file an Entry of Appearance on behalf of their client.
No attorney who has entered his or her appearance in a case may withdraw as trial attorney except upon written motion for good cause shown and after notice to the client.
Audio transcripts of a Court proceeding must be requested in writing. The request must include: case caption, type of trial or hearing, date and time of hearing, name and phone number of the requesting party and any additional information requested by the Court.
If a party is self-represented, said party shall include their name, address, telephone number and email address.
No other recording devices are permitted during any criminal/traffic or civil cases, unless prior authorization has been granted. This written request must be submitted to the Court for review at least seven (7) days prior to the scheduled Court proceeding.
Praecipes requesting documents shall be in the form of a subpoena duces tecum and shall state with specificity whether the custodian of the records is required to attend with said documents, or whether such documents may be submitted in lieu of appearance.
A requester seeking transcription must submit a written request to the Court Reporter containing the Court, case number, party name, and hearing date and time.
- Document
- Transcript request
Must include
- •Case number
Court's wording
If the requester chooses to have an electronic record transcribed or request a transcript of a court proceeding then the requester must submit a written request for the transcript of an electronic record to the Court Reporter for Darke County Common Pleas Court. The request must include the Court, the case number, the party’s name, the date and time of the hearing being requested to be transcribed.
All motions, other than those made in open Court on the record, must be in writing, accompanied by a written memorandum containing the arguments of counsel and pertinent law and filed in accordance with the Ohio Rules of Civil Procedure.
The failure to comply with any of the provisions of this rule by the party demanding the jury shall constitute a waiver of the jury and the matter shall be submitted to the Court for decision.
ALL ENTRIES SHALL DESIGNATE THAT A COPY OF THE SAME HAS BEEN ISSUED TO THE OPPOSING COUNSEL OR PARTY IF SELF-REPRESENTED.
Counsel for the party in whose favor an Order or Judgment is rendered shall prepare a Judgment Entry and submit it to the Court within fourteen (14) days of the decision.
At the conclusion of the pretrial, attorney of record for the Plaintiff, or the Plaintiff themselves if self-represented, must file a Status Report with the Court.
In jury trials, parties must file final pretrial briefs by the date set by the Judge, including the specified facts, issues, authorities, witnesses, and proposed jury instructions.
Court's wording
In all cases of trial by jury, the parties shall be required to file final pretrial briefs. All pretrial briefs shall be filed by a date set by the Judge and shall include a recitation of the undisputed facts; a recitation of disputed legal and factual issues, stipulations, if any; relevant case law and statutory authority; a list of witnesses to be called to testify; and, any proposed jury instructions.
Motions made for continuance due to scheduling conflicts with another court must have a copy of the conflicting courts’ scheduling notice attached to the motion or the motion will be denied.
All complaints requesting pre-judgment interest and/or judgment interest at a rate other than the current statutory rate of interest must attach the contract or agreement, signed by Defendant(s), as to the interest rate and/or pre-judgment interest commencement date.
A non-attorney may file a corporate plaintiff’s Small Claims complaint, except in contested proceedings, but post-judgment collection efforts must be conducted by an attorney.
Court's wording
In Small Claims cases, when the Plaintiff is a corporation or similar legal entity, non-attorneys may file the complaint. However, this exception does not apply to contested proceedings or to any actions taken after judgment has been obtained. Once a judgment is obtained in a Small Claims case, all efforts to collect said judgment on behalf of the corporate entity must be conducted by an attorney. This includes, but is not limited to, requests for debtor’s examinations and garnishments/attachments.
Upon the filing of a motion and affidavit, as required by O.R.C. §1925.10 and upon payment of the required costs, the small claims complaint and any counter or cross-claims, shall be transferred to the regular docket of the Civil Division at the discretion of the Court, or as otherwise mandated.
All parties will need to bring their evidence with them to Court along with a copy for the Court and a copy for the opposing party.
All Forcible Entry and Detainer cases shall be set for two hearings requiring appearance of the parties, Restitution of Premises and Monetary Damages, unless Monetary Damages are not requested at the time of filing.
Hearing dates shall be assigned by the clerk only upon receipt from the judgment debtor of the “Request for Hearing” form.
All documents required to be returned by mail must be accompanied by an envelope with ample postage for all submitted copies to be returned.
When filing the Complaint, the Court requires Plaintiff to attach copies of the Notice to Leave Premises.
All legal cases cited in briefs or other supporting documents shall be attached to the pleading.
Filings shall include an original (to be retained by the Clerk) and sufficient copies for service upon the financial institution, the Judgment Debtor and the Attorney or party filing same.
When the Plaintiff is a corporation or similar legal entity, the complaint and all subsequent pleadings or filings must be signed and filed by an attorney.
All motions filed shall include a proposed entry by the moving party.
Before filing a cognovit judgment entry, the original note must be presented to the Clerk for stamping or endorsement that it is in judgment.
Court's wording
Before an entry is filed in the case of confession of Judgment by warrant of Attorney, the original note shall be presented to the Clerk who shall stamp or endorse thereon the fact that the note is in judgment. The entry shall not be filed until this is done.
Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect, unless otherwise directed by the Court. Must also provide a statement of the balance, if any, still due on the judgment.
Then the property attached or levied upon by the Plaintiff is claimed by anyone other than the party against whom the writ was issued, the claimant shall file in the same case, a pleading designated “Third Party Claim”.
At the time of filing the application, the attorney for the debtor shall deliver or mail to the Clerk two (2) copies of a notice of the appointment for each creditor listed in the application together with a stamped envelope properly addressed to each creditor.
Each notice shall contain the name of the applicant, the sum the applicant claims is owing to the creditor, the time and place that objections to said application shall be heard and a place for the certification or objection to the creditor.
A trustee-appointment application must include a complete and accurate sworn statement of the debtor’s identifying and employment information, recent gross earnings, and the creditor who gave the 15-day notice.
Court's wording
APPLICATION: The application for an appointment of a trustee shall include a complete and accurate statement, under oath, of: • the debtor’s name, address and phone number; • the name and address of their employer(s); • the amount of their gross earnings for the previous thirty (30) days; and • a statement indicating the name of the creditor from whom the fifteen (15) day written notice of proceedings against their earnings was received.
Additional creditors may be listed in the trusteeship only upon application and the service of a notice to each additional creditor as heretofore provided.
Contempt Citations may be filed on the forms prescribed by law and provided by party requesting such action and shall include one (1) original and four (4) copies.
Hearing dates are assigned by the civil clerk and notice thereof shall be included in the forms served upon said Judgment Debtor.
All traffic citations shall be filed within forty-eight (48) hours of the offense and shall include a current driving record of Defendant and a statement of facts of the officer.
A Municipal Court appeal from a BMV suspension must include a civil complaint, proof of reinstatement-fee payment, proof of insurance, and specified employer proof.
Court's wording
All appeals filed in the Municipal Court from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: • Civil Complaint • Proof of payment of reinstatement fee(s) to BMV • Proof of Insurance • Proof of employment from employer, which must include: 1. Confirmation of employment; 2. Days of week and hours of work each day; and 3. Whether you are required to drive during your employment hours.
The movant shall submit an entry indicating the outcome of such efforts and shall provide blanks for the new trial or hearing date and time.
Defendants cited for the listed offenses must appear regardless of residence unless they submit a written request for the judge’s approval before the hearing time.
Court's wording
All persons, regardless of residence, must appear in Court if cited for the following offenses, unless a written request by the Defendant is submitted to the Court for the Judge’s approval prior to their hearing time: • All criminal charges that are misdemeanors of the first, second, third or fourth degrees; • All traffic offenses that are unclassified or misdemeanors of the first, second, third or fourth degrees; • Driving under suspension or revocation of driver’s license; • Reckless operation;
All motions shall set forth clearly and specifically the grounds for the motion and supporting citations (copies of all cited cases must be attached).
All recommendations for withdrawal, reduction or dismissal of charges and the reasons therefore shall be made in open Court by the Prosecuting Attorney, or shall be specifically set forth in writing by a properly executed pretrial agreement.
Pretrial Agreements filed with the Court must be completed in their entirety using the required format and printed on blue paper.
In motions to Suppress, the items of evidence shall be specified with particularity.
Any demand for trial by jury must conform to the requirements of Crim. R. 23. Failure to demand a trial by jury as provided therein shall be deemed a complete waiver of such right.
Once the pretrial is concluded, Plaintiff or Plaintiff’s counsel shall notify the Court immediately as to the status of the case by filing a status report.
When a case is settled within forty (40) days before the trial date, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry or by placing the agreement on the record at the trial. Variance to this rule is subject to Court approval.
All motions must be in writing and accompanied by a written memorandum containing citations of law (with copies of all cited cases attached) and the arguments of counsel.
Counsel for the party in whose favor an order or judgment is rendered shall prepare an appropriate entry and submit it to the Court within fourteen (14) days of the decision.
Entries of settlement may be filed at any time; however, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry before commencement of the trial, or by placing the agreement on the record on the scheduled date for trial. Variance to this step is subject to Court approval.
Motions made for continuance due to scheduling conflicts with another court must have a copy of the conflicting courts’ scheduling notice attached to the motion or the motion
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel and citations of law (copies of all cited cases shall be attached).
A public-records request must be written and identify the requested records and relevant case information, provide the requester’s name and contact information, and specify how and where records should be sent.
Court's wording
No specific language is required to make a request for public records. However, the requester must at least identify the records requested; the offender’s name and identifying information, the case number, charge, approximate date of the offense committed, and what records are being requested with sufficient clarity to allow the office to identify, retrieve, and review the records. The requester must put a records request in writing, provide the requester’s name and contact information, specify how the requester would like to receive the records and where the requester would like the records to be sent.
Information requests which are to be picked up in the Clerk’s office must be accompanied by a telephone number so we may contact the requester when the information is ready.
Information requests which are not picked up in the Clerk’s office will require a mailed response from the Clerk and must be accompanied by a self-addressed envelope with sufficient postage.
Filing & Service rules
Electronic Filing Rules
Evidence filings exceeding five pages must be mailed or personally delivered to the Court.
All evidence filings over five (5) pages must be mailed or personally delivered to the Court.
Page 13 | EVIDENCE
Electronic and fax filing are permitted when no filing fee is required.
ELECTRONIC/FAX FILING: Are permitted if no filing fee is required.
Page 5 | Rule 2.04 – Papers Filed with the Court
Evidence filings of five pages or fewer may be submitted to the Court by email or fax.
The Court accepts evidence filings of no more than five (5) pages by email or fax.
Page 13 | EVIDENCE
Filing Timing and Cure Windows
Exclude the first day of service of process and include the last day when calculating filing time; if the last day falls on a weekend or holiday, count the next business day instead.
Filing time shall be calculated by excluding the first day of service of process and including the last. If the last day falls on a Saturday, Sunday or a Holiday, it shall be excluded and the next business day counted.
Page 5 | Rule 2.05 – Calculation of Time
Electronic, email, and fax filings are accepted Monday through Friday from 7:30 a.m. to 4:00 p.m., excluding holidays; after-hours filings are deemed filed the Court’s next business day.
All documents that are filed electronically, by email or fax, will be accepted Monday through Friday from 7:30 am to 4:00 pm, excluding holidays. Documents sent after-hours will be deemed filed on the next business day of the Court.
Page 5 | Rule 2.04 – Papers Filed with the Court
A praecipe requesting witness subpoenas must be filed with the Court at least seven days before trial.
The praecipe (request) for subpoenas of witnesses shall be filed with the Court at least seven (7) days before the date of trial.
Page 6 | Rule 7.00 – Witnesses and Subpoenas
Final pretrial briefs in jury trials must be filed by the date set by the Judge.
In all cases of trial by jury, the parties shall be required to file final pretrial briefs. All pretrial briefs shall be filed by a date set by the Judge and shall include a recitation of the undisputed facts; a recitation of disputed legal and factual issues, stipulations, if any; relevant case law and statutory authority; a list of witnesses to be called to testify; and, any proposed jury instructions.
Page 11 | Rule 21.00 – Briefs
The Judgment Entry must be submitted to the Court within fourteen days of the decision.
Counsel for the party in whose favor an Order or Judgment is rendered shall prepare a Judgment Entry and submit it to the Court within fourteen (14) days of the decision.
Page 11 | Rule 24.00 – Entries and Orders
Opposing memoranda are due no later than fourteen days after service of the motion or the day before the motion’s trial or hearing, whichever is earlier.
Opposing memoranda shall be filed not later than fourteen (14) days from the service of the motion or on the day prior to the trial or hearing on the motion, whichever is earlier.
Page 11 | Rule 23.00 – Motions
Settlement entries may be filed at any time, but avoiding trial by settlement requires an Agreed Judgment Entry before trial begins or an agreement placed on the record on the scheduled trial date; any variance requires Court approval.
Entries of settlement may be filed at any time; however, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry before commencement of the trial, or by placing the agreement on the record on the scheduled date of trial. Any variance from this rule is subject to Court approval.
Page 12 | Rule 24.00 – Entries and Orders
Forcible Entry and Detainer cases must be set according to the time limits in O.R.C. §1923.
The case shall be set pursuant to the time limits set forth in O.R.C. §1923.
Page 14 | Rule 30.00 – Forcible Entry and Detainer Procedure
Traffic citations must be filed within 48 hours of the offense and include the defendant’s current driving record and the officer’s statement of facts.
All traffic citations shall be filed within forty-eight (48) hours of the offense and shall include a current driving record of Defendant and a statement of facts of the officer.
Page 17 | Rule 41.00 – Documents filed with the Court
For a case marked “Case Settled, Entry to Follow,” the entry must be received within 10 days after notice that the case will be dismissed if it has not arrived within 30 days; a variance requires court approval.
On files marked “Case Settled, Entry to Follow” if the entry has not been received within thirty (30) days, the Clerk of Courts shall notify the party that the case will be dismissed, unless the entry is received within ten (10) days of notice. Variance to this rule is subject to Court approval.
Page 21 | Rule 52.00 – Case Management in Civil Cases
The status report must be filed immediately after the pretrial concludes.
Once the pretrial is concluded, Plaintiff or Plaintiff’s counsel shall notify the Court immediately as to the status of the case by filing a status report.
Page 21 | Rule 52.00 – Case Management in Civil Cases
The prevailing party’s entry must be submitted within 14 days of the decision.
Counsel for the party in whose favor an order or judgment is rendered shall prepare an appropriate entry and submit it to the Court within fourteen (14) days of the decision.
Page 23 | Judgment Entries
Untimely filed motions will be summarily overruled.
Motions untimely filed shall be summarily overruled.
Page 24 | Rule 54.00 – Case Management in Criminal Cases
Motions must be filed within the time limits set by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 24 | Rule 54.00 – Case Management in Criminal Cases
A motion is deemed submitted when opposing memoranda are filed or the filing period expires, whichever occurs first.
Motions shall be deemed submitted when opposing memoranda are filed or the time for filing expires, whichever is earlier.
Page 11 | Rule 23.00 – Motions
Entries and Orders must not be submitted while the Court is in trial.
Entries and Orders shall not be submitted while Court is in trial.
Page 12 | Rule 24.00 – Entries and Orders
Settlement entries may be filed at any time, but settlement avoids trial only if the agreed entry is submitted before trial or the agreement is placed on the record on the scheduled trial date, subject to Court approval of a variance.
Entries of settlement may be filed at any time; however, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry before commencement of the trial, or by placing the agreement on the record on the scheduled date for trial. Variance to this step is subject to Court approval.
Page 23 | Judgment Entries
Service and Proof of Service Rules
Documents offered for filing that must be served on other parties must include proof of service in the Civ.R. 5(D) form, except for the Complaint.
PROOF OF SERVICE: All documents (except the Complaint) offered for filing and required to be served on other parties shall contain proof of service in the form provided by Civ.R. 5(D).
Page 5 | Rule 2.04 – Papers Filed with the Court
Unless the Court directs otherwise, jury-duty summonses must be served by ordinary first-class mail at least ten days before trial.
Unless otherwise directed by the Court, all service upon persons summoned for jury duty shall be by ordinary first-class mail and mailed out at least ten (10) days before the trial date.
Page 6 | Rule 6.00 – Jurors
The Clerk must send trial details to attorneys of record or self-represented parties by mail or, when available, email at least ten days before trial, except as provided for Forcible Entry and Detainer cases in Darke R. 30.00.
When a civil case is assigned for trial, the Clerk shall mail or e-mail (when available) a notice containing the date, time and place of trial to attorneys of record, or the parties if self-represented, and shall file a copy of such notice with the original papers. The notice shall be mailed or e-mailed (when available) at least ten (10) days before the date of trial, except in Forcible Entry and Detainer cases in Darke R. 30.00.
Page 11 | Rule 22.00 – Notice of Trial
Counterclaims and cross-claims must be filed with the Small Claims Division and served on all other parties at least seven days before trial.
Any party wanting to file a Counterclaim or Cross-Claim shall file it with the Small Claims Division and serve it on all other parties at least seven (7) days prior to the date of the trial.
Page 13
Evidence must be served on all parties under Ohio Civil Rule 5 no later than three days before the scheduled court date.
EVIDENCE: You must serve evidence on all parties according to Rule 5 of the Ohio Civil Rules of Procedure no later than three (3) days prior to your scheduled Court date.
Page 13 | EVIDENCE
Garnishment forms must first be sent to the employer by certified mail with electronic return receipt requested, followed by ordinary mail if requested.
Service of the Garnishment forms shall first be attempted by certified mail, electronic return receipt requested, upon the Employer and followed by ordinary mail, if requested.
Page 15 | Garnishment of Personal Earnings
The forms must be served on the financial institution and judgment debtor by certified mail with electronic return receipt requested.
Service of forms shall be accomplished by certified mail, electronic return receipt requested, upon any financial institution and by certified mail, electronic return receipt requested, to the Judgment Debtor.
Page 15
A copy of the personal-property sale notice must be mailed to the parties and attorneys of record, but failure to mail it does not invalidate the sale.
A copy of the notice of sale of personal property shall be mailed to the parties and to attorneys of record in the case; however, failure to mail such notice shall not invalidate the sale.
Page 15 | Rule 32.00 – Sale and Confirmation
The Plaintiff’s attorney must receive at least three days’ notice of the hearing, and proof of service must be made as required by the Civil Rules.
At least three (3) day notice shall be given to the attorney for Plaintiff of the time fixed for the hearing on the claimant’s right to such property. Proof of service of notice shall be made as required by the Civil Rules.
Page 15 | Rule 31.01 – Exemptions
Notice must be served on each additional creditor before that creditor is listed in the trusteeship.
Additional creditors may be listed in the trusteeship only upon application and the service of a notice to each additional creditor as heretofore provided.
Page 16 | Rule 34.00 – Trusteeships
The debtor’s attorney must mail the notices to the listed creditors within 24 hours, and the Clerk must note the mailing on the docket.
The attorney for the debtor shall deposit such notices in the mail within twenty-four (24) hours and the Clerk shall indicate on the docket that notice was mailed to listed creditors. It shall be the responsibility of the Attorney to mail notices to the creditor.
Page 16 | Rule 34.00 – Trusteeships
When a creditor applies to add a creditor to the trusteeship, similar notice must be given to the debtor unless the creditor has obtained a judgment in a court of record.
If such application is made by a creditor, a similar notice must be given to the debtor, unless the creditor has obtained a judgment in a court of record.
Page 16 | Rule 34.00 – Trusteeships
Personal service must be carried out by a Special Process Server or Sheriff.
Personal service shall be accomplished by Special Process Server or Sheriff.
Page 17 | Rule 37.00 – Citation in Contempt
Summons must be served in accordance with the Ohio Rules of Civil Procedure.
Summons shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 21 | Rule 52.00 – Case Management in Civil Cases
The clerk must give notice of the pretrial conference by mail, email when available, or telephone at least 14 days before the conference.
Notice of the pretrial conference shall be given by mail, e-mail (when available), or telephone by the clerk not less the fourteen (14) days prior to the conference.
Page 21 | Rule 52.00 – Case Management in Civil Cases
Documents required to be served will be sent to the designated trial attorney.
all documents required to be served will be sent to such designated trial attorney.
Page 5 | Rule 3.00 – Trial Attorney of Record
Filing Fees and Waivers
The appropriate filing fee must be paid when filing, using cash, an accepted check, or a money order.
The appropriate filing fee must be paid at the time of filing. Payments can be made by cash, local Darke County Bank check, cashier’s check, certified check, or money order.
Page 4 | Rule 2.04 – Papers Filed with the Court
A witness subpoena in a civil proceeding will not issue until witness fees, costs, and estimated mileage are deposited with the Clerk.
No subpoena for witnesses in a civil proceeding shall be issued until the witness fees, costs and estimated mileage are deposited with the Clerk.
Page 6 | Rule 7.00 – Witnesses and Subpoenas
Civil case costs are assessed under the Schedule of Costs and must be paid when filing; payment may be made by cash, check, or money order.
Costs in civil cases shall be assessed and must be paid at time of filing according to the Schedule of Costs, a copy of which is available online or upon request in the civil division of the Municipal Court. Payments can be made by cash, local Darke County Bank check, cashier’s check, certified check, or money order.
Page 10 | Rule 17.00 – Civil Costs and Fees
A party demanding a jury must deposit the amount specified in the Schedule of Costs with the Clerk of Courts when filing the demand; the jury will not be drawn without sufficient funds for juror fees and related costs.
The party making a demand for a jury shall deposit with the Clerk of Courts a sum as set forth in the Schedule of Costs. The deposit must be paid at the time the demand is filed. The jury shall not be drawn unless there is, subject to the control of the Clerk, available and sufficient money to pay the fees of jurors and related costs.
Page 11 | Rule 20.00 – Civil Jury Trial Demand and Deposit
Required costs must be paid when seeking transfer of a small claims matter to the regular civil docket.
Upon the filing of a motion and affidavit, as required by O.R.C. §1925.10 and upon payment of the required costs, the small claims complaint and any counter or cross-claims, shall be transferred to the regular docket of the Civil Division at the discretion of the Court, or as otherwise mandated.
Page 13 | TRANSFER TO REGULAR CIVIL DOCKET
The writ of restitution is issued for further processing after the praecipe is filed and the filing fee is paid.
Upon filing the praecipe for the writ of restitution and payment of the filing fee, the writ shall be issued to the Darke County Sheriff’s Department for further processing.
Page 14 | WRIT OF RESTITUTION
A party or person requesting copies must pay the reproduction rate established by the Clerk.
Reproduction of any material shall be at a rate established by the Clerk and paid for by the party or person requesting the copies.
Page 4 | Rule 2.02 – Copies
Costs, fees, and bonds must be assessed and paid according to the Court's schedule.
COSTS, FEES AND BONDS: Assessed and payable according to the schedule established by the Court.
Page 19 | Rule 44.00 – Costs, Fees and Bail
Jury fees will be charged for the last jury case cancelled.
The last jury case cancelled will be charged jury fees.
Page 24 | Rule 54.00 – Case Management in Criminal Cases
The Court provides blank Small Claims and Forcible Entry and Detainer complaint forms to the public at no charge.
As a courtesy, the Court provides blank Small Claims Complaint forms and Forcible Entry and Detainer Complaint forms to the public at no charge.
Page 14 | SELF-REPRESENTED PLAINTIFFS
Sealing & Redaction Procedures
When requested records are denied or redacted, the office must explain the denial with legal authority, release public portions, and notify the requester of redactions or make them plainly visible.
If the office withholds, redacts, or otherwise denies requested records, it must provide an explanation, including legal authority, for the denial(s). If portions of a record are public and portions are exempt, the exempt portions may be redacted and the rest must be released. When making public records available for public inspection or copying, the office shall notify the requester of any redaction or make the redaction plainly visible.
Page 9 | DENIAL AND REDACTION OF RECORDS
Filing Bundling Requirements
Motions and proposed judgment entries must be filed as separate documents and may not be combined on the same form under the same heading.
All motions shall be filed as a separate document from any proposed Judgment Entries. No combined motions and entries on the same form with same heading will be accepted.
Page 20 | Rule 48.00 – Motions
Entries must be filed separately from proposed motions; combined motions and entries on the same form will not be accepted.
All Entries shall be filed as a separate document from any proposed motions. No combined motions and Entries on the same form with same heading will be accepted.
Page 23 | Judgment Entries
Pre-Motion Conference Requirements
Opposing counsel must answer in the same manner within 14 days after a motion is filed; the motion is then deemed submitted unless the Court extends the time.
Opposing counsel shall answer in like manner within fourteen (14) days after the motion is filed. All motions will be deemed submitted at the end of said fourteen (14) day period unless time is extended by the Court.
Page 22 | Rule 52.00 – Case Management in Civil Cases
Oral hearings on motions are not granted unless required by law or requested in writing and deemed necessary by the Court.
There will be no oral hearings granted on motions unless mandated by law, or unless a party requests an oral hearing in writing and the Court deems it necessary.
Page 22 | Rule 52.00 – Case Management in Civil Cases
Adjournment & Extension Requirements
A continuance request must state its reason in a written motion or be made on the record in open Court, and continuances are discretionary and granted only for good cause.
Any motion for continuance must be filed in writing stating the reason for the continuance, or made on the record in open Court. The granting of a continuance shall be at the discretion of the Judge. It is the policy of this Court to determine matters in a timely manner; therefore, continuances will only be granted for good cause.
Page 12 | Rule 25.00 – Continuances
A continuance motion must state its reason in a written filing or be made on the record in open court; granting a continuance is within the Judge’s discretion.
Any motion for continuance must be filed in writing stating the reason for the continuance, or made on the record in open Court. The granting of a continuance shall be at the discretion of the Judge.
Page 13 | CONTINUANCES
A continuance request must be made in writing with its reason or on the record in open court; continuances require good cause and remain within the judge’s discretion, while contacting opposing counsel and seeking consent is encouraged and requests for pre-approved dates are discouraged.
Any motion for continuance must be filed in writing stating the reason for the continuance, or made on the record in open Court. The granting of a continuance shall be at the discretion of the Judge. It is the policy of this Court to determine matters in a timely manner; therefore, continuances will only be granted for good cause. Requests for continuances where a Court date has been pre-approved by the parties, or their counsel, are discouraged. Attorneys submitting motions for continuance are encouraged to contact opposing counsel to obtain consent for this request. The movant shall submit an entry indicating the outcome of such efforts and shall provide blanks for the new trial or hearing date and time. This rule does not restrict the Court’s discretion in granting or denying continuances.
Page 18 | Rule 42.00 – Arraignments
A continuance motion based on a conflict with another court must attach that court’s scheduling notice or it will be denied.
Motions made for continuance due to scheduling conflicts with another court must have a copy of the conflicting courts’ scheduling notice attached to the motion or the motion will be denied.
Page 18 | Rule 42.00 – Arraignments
A motion to continue the pretrial conference must be addressed to the Judge.
Any motion for continuance of the conference shall be addressed to the Judge.
Page 21 | Rule 52.00 – Case Management in Civil Cases
A continuance request must state its reason in a written motion or be made on the record in open Court.
Any motion for continuance must be filed in writing stating the reason for the continuance, or made on the record in open Court.
Page 22 | Rule 52.00 – Case Management in Civil Cases
Continuances will be granted only for good cause.
It is the policy of this Court to determine matters in a timely manner; therefore, continuances will only be granted for good cause.
Page 22 | Rule 52.00 – Case Management in Civil Cases
A witness’s failure to appear is not grounds for a continuance when the praecipe was not timely filed.
Failure of a witness to appear for whom the praecipe was not timely filed will not be grounds for a continuance of the case.
Page 6 | Rule 7.00 – Witnesses and Subpoenas
The Court may extend filing time for pleadings or other matters, in its discretion, upon a motion showing good cause and complying with the Civil Rules.
Upon motion for good cause shown and in accordance with the Civil Rules, the time for filing pleadings or other matters, may be extended at the Court’s discretion.
Page 10 | Rule 18.00 – Extensions for Filings
Attorneys are encouraged to seek opposing counsel’s consent; the movant must submit an entry stating the outcome of those efforts and provide blanks for the new trial or hearing date and time.
Attorneys submitting motions for continuance are encouraged to contact opposing counsel to obtain consent for this request. The movant shall submit an entry indicating the outcome of such efforts and shall provide blanks for the new trial or hearing date and time.
Page 12 | Rule 25.00 – Continuances
Requests to continue a Court date previously approved by the parties or counsel are discouraged.
Requests for continuances where a Court date has been pre-approved by the parties, or their counsel, are discouraged.
Page 12 | Rule 25.00 – Continuances
Continuances are granted only for good cause, and requests concerning court dates pre-approved by the parties or counsel are discouraged.
It is the policy of this Court to determine matters in a timely manner; therefore, continuances will only be granted for good cause. Requests for continuances where a Court date has been pre-approved by the parties, or their counsel, are discouraged.
Page 13 | CONTINUANCES
The Judge has discretion to grant or deny a continuance.
The granting of a continuance shall be at the discretion of the Judge.
Page 22 | Rule 52.00 – Case Management in Civil Cases
Requests to continue a pre-approved court date are discouraged; counsel are encouraged to seek opposing counsel’s consent, and the movant must submit an entry reporting the outcome and leaving blanks for a new date and time.
Requests for continuances where a Court date has been pre-approved by the parties, or their counsel, are discouraged. Attorneys submitting motions for continuance are encouraged to contact opposing counsel to obtain consent for this request. The movant shall submit an entry indicating the outcome of such efforts and shall provide blanks for the new trial or hearing date and time.
Page 23 | Continuances
The rule does not limit the Court’s discretion to grant or deny continuances.
This rule does not restrict the Court’s discretion in granting or denying continuances.
Page 13 | CONTINUANCES
Chambers Communication Rules
Communications between the Judge and jury panel from voir dire reporting through dismissal must be in writing or on the record in open court, and counsel must be informed and given an opportunity to be heard.
All communications between the Judge and members of the jury panel, from the time of reporting to the Courtroom for voir dire until dismissal, shall be in writing or on the record in open Court. Counsel for each party shall be informed of such communication and give the opportunity to be heard.
Page 27 | Jury Management
All parties must notify the Court in writing of any change in address or phone number.
ALL PARTIES ARE RESPONSIBLE FOR ADVISING THE COURT, IN WRITING, OF ANY CHANGE IN ADDRESS & PHONE NUMBER.
Page 5 | Rule 2.04 – Papers Filed with the Court
The Court sends its notices and communications to the designated trial attorney.
All notices and communications from the Court
Page 5 | Rule 3.00 – Trial Attorney of Record
Public-records requests to the Clerk of Courts may be submitted only by mail, facsimile, or in person.
Request for public records from the Darke County Municipal Clerk of Courts will be accepted by mail, facsimile or in person only.
Page 8 | Rule 14.00 – Public Records Policy
Each party or the party’s attorney of record must timely notify the Court of any address change.
It shall be the responsibility of each party, or their attorney of record, to timely notify this Court of any change in address.
Page 11 | Rule 22.00 – Notice of Trial
The pretrial conference is held privately by phone between the parties, without the Judge participating in the initial conference.
The Court will set a pretrial conference which shall be held by phone privately between parties, the Judge does not participate in initial pretrial conference.
Page 21 | Rule 52.00 – Case Management in Civil Cases