Dayton Municipal Court, Ohio

Fax filings must not be sent directly to a Judge’s or Magistrate’s Office.

Fax filings may not be sent directly to a Judge’s or Magistrate’s Office.

Page 15 | Rule 2.15.1 – Facsimile Filing

Pleadings and other papers may be filed with the Clerk of Courts by fax at the number for the relevant division, subject to the rule’s conditions.

Subject to the following conditions, pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to: (937) 333-4468 (Civil & Small Claims Division) (937) 333-4490 (Criminal Division) (937) 333-7558 (Traffic Division).

Page 15 | Rule 2.15.1 – Facsimile Filing

1. This Rule applies to pleadings and papers filed in civil, criminal, traffic, and small claims proceedings in the Dayton Municipal Court that DO NOT require filing fees or service by the Clerk. (a) Some examples of documents that will not be accepted are: (1) Civil or small claims complaints and appeals, motions for summary judgment, wage garnishments and any pleadings and documents that require a filing fee (Including those listed in the Court’s website under ‘Schedule of Fees and Costs’); (2) Applications for sealing conviction, dismissal, or arrest records; (3) Criminal or traffic appeals; (4) Written Not Guilty pleas in criminal domestic violence cases. A personal appearance by the defendant is always required at arraignment in this type of case; (5) Not Guilty pleas in criminal or traffic cases with warrants. (Unless a Motion and Entry to Vacate the Warrant is filed with the plea); and (6) Criminal cases with temporary protection orders; and (7) Entries/Orders Granting Driving Privileges.

1. This Rule applies to pleadings and papers filed in civil, criminal, traffic, and small claims proceedings in the Dayton Municipal Court that DO NOT require filing fees or service by the Clerk. (a) Some examples of documents that will not be accepted are: (1) Civil or small claims complaints and appeals, motions for summary judgment, wage garnishments and any pleadings and documents that require a filing fee (Including those listed in the Court’s website under ‘Schedule of Fees and Costs’); (2) Applications for sealing conviction, dismissal, or arrest records; (3) Criminal or traffic appeals; (4) Written Not Guilty pleas in criminal domestic violence cases. A personal appearance by the defendant is always required at arraignment in this type of case; (5) Not Guilty pleas in criminal or traffic cases with warrants. (Unless a Motion and Entry to Vacate the Warrant is filed with the plea); and (6) Criminal cases with temporary protection orders; and (7) Entries/Orders Granting Driving Privileges.

Page 15 | A. Applicability

Beginning July 21, 2025, pleadings and other papers may be electronically filed with the Clerk, subject to the rule’s conditions.

Pursuant to R.C. 1901.313(A), Civil Rule 5(E), Criminal Rule 12(B), and Traffic Rule 20, the Clerk of Court is authorized to accept pleadings, motions, and other documents for filing by electronic means in all civil, criminal, and traffic cases beginning July 21, 2025. The E-Filing Cover Page is attached to this Rule. The system by which the Clerk facilitates filing, receipt, and retrieval of electronic documents is the agent of the Clerk. Subject to the following conditions, pleadings and other papers may be filed with the Clerk of Court by electronic transmission to: EFileDMC@daytonohio.gov.

Page 23 | Rule 2.15.3 – Electronic Filing

A written not-guilty plea may be filed in a criminal domestic violence case, but the defendant must appear at arraignment.

Written Not Guilty Pleas may be filed; however, a personal appearance by the defendant is always required at the arraignment. Failure to appear at arraignment may result in an arrest warrant being issued for the defendant, regardless of a written not guilty plea being filed.

Page 23 | Written Not Guilty Pleas and Notice of Appearance—Criminal Domestic Violence Cases

Electronic filings must be sent to the Clerk’s designated email address and not directly to a judge’s or magistrate’s office.

Electronic filings shall only be filed with the Clerk through the EFileDMC@daytonohio.gov email address. Electronic filings shall not be sent directly to a Judge’s or Magistrate’s Office.

Page 23 | Applicability

The Clerk must submit court-initiated documents for electronic filing through the CMS.

The Clerk shall submit the court initiated document for efiling using the CMS.

Page 23

A written not-guilty plea may be filed in a criminal case with a temporary protection order request, but the defendant must appear at arraignment.

Written Not Guilty Pleas may be filed, however, a personal appearance by the defendant is always required at the arraignment. Failure to appear at arraignment may result in an arrest warrant being issued for the defendant, regardless of a written not guilty plea being filed.

Page 24 | Criminal Cases with Temporary Protection Order Request

A defendant’s notice of appearance may be filed in a felony-warrant case, but the defendant must appear and be taken into custody at the Montgomery County Jail for first appearance the following business day.

A Notice of Appearance for a defendant may be filed; however, the defendant must appear and be taken into custody at the Montgomery County Jail for First Appearance the following business day.

Page 24 | Felony Warrant Criminal Cases

A written plea may be mailed or faxed, but it must reach the Clerk of Court before the arraignment date.

The written plea may be mailed or faxed and must be received by the Clerk of Court before the arraignment date.

Page 71 | Rule 4.1 – Criminal Arraignment Session

The court record of the ticket shall be filed with the court or may be filed electronically as authorized by this Rule and Traf.R. 3 (F)(2).

The court record of the ticket shall be filed with the court or may be filed electronically as authorized by this Rule and Traf.R. 3 (F)(2).

Page 80 | Rule 5.10 – Use of Electronically Produced Traffic Tickets

Continuances and motions may be filed by facsimile under DMCR 2.15.1, and defendants must check whether a faxed motion was properly filed and received.

See DMCR 2.15.1 for information on filing continuances and motions by facsimile transmission. It is the responsibility of the defendant to determine if a faxed motion has been properly filed and received.

Page 79 | Rule 5.8 – Continuances and Motions

This rule governs electronic filing only for certain court-initiated civil, small claims, criminal, and traffic documents.

This rule applies only for the limited purpose of electronically filing certain civil, small claims, criminal, and traffic documents initiated by the court.

Page 22 | B. Applicability

The electronic version of a document efiled under this rule is the official court record and has the same effect as a traditionally filed document.

For documents that have been efiled pursuant to this rule and its sub-sections, the electronic version constitutes the official court record. Efiled documents have the same force and effect as those filed by traditional means.

Page 22 | A. Definitions

The electronic-filing rule applies to pleadings and papers in civil, criminal, traffic, and small claims proceedings regardless of whether a filing fee is required.

Further, this Rule applies to pleadings and papers filed in civil, criminal, traffic, and small claims proceedings in the Dayton Municipal Court regardless of a required filing fee.

Page 23 | Applicability

The Court may allow a defendant, through an attorney and subject to legal prohibitions, to submit a written not-guilty plea by fax or mail.

The Court may allow the defendant to enter a written plea of not guilty through their attorney pursuant to Traf. R. 8(C), except in cases where prohibited by law. The not guilty plea may be faxed or mailed within ten (10) days after the defendant received the ticket.

Page 78 | Rule 5.2 – Written Pleas

The recording request form should be presented as early as reasonably possible and must be presented at least 24 hours before the trial or hearing.

The Request form shall be presented as far in advance as reasonably possible to the assigned Judge’s office but in no event later than twenty-four (24) hours prior to the trial or hearing to be recorded.

Page 12 | Rule 2.10 – Recording, Broadcasting, and Photographing Court Proceedings

If required cover-page information is missing, the Clerk may either docket and file the faxed document or place it in the failed-fax file, in which case it is not considered filed.

2. If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Office of the Clerk may, at its discretion: (a) Enter the document in the Case Docket and file the document; or (b) Deposit the document in a file of failed faxed documents with a notation of the reason for the failure. In this instance, the document shall not be considered filed with the Clerk of Courts.

Page 16 | D. Cover Page

An accepted fax filing is deemed filed at the date and time the Clerk’s Office time-stamps it as received, not when it was transmitted.

Subject to the provisions of this Rule, all documents, sent by fax and accepted by the Clerk’s Office, shall be considered filed with the Clerk of Court as of the date and time the Clerk’s Office time-stamps the document received, as opposed to the date and time of the fax transmission.

Page 17 | H. Time of Filing

Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the fax filing, and failure to do so may result in the document or exhibit being struck.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibit, as required by this paragraph, may result in the Court striking the document and/or exhibit.

Page 17 | F. Exhibits

An electronic filing is not considered filed unless the Clerk receives it at the designated filing email address.

All electronic filings shall not be considered filed unless they are received by the Clerk through the electronic filing email address of EFileDMC@daytonohio.gov.

Page 23 | Applicability

An electronically filed court-initiated document is deemed filed on the date and time shown on its official electronic time stamp.

After the document is electronically filed, it shall receive an electronic stamp with the date and time of filing, which shall be the official time stamp. Time of Filing An electronically filed court initiated document shall be deemed filed as of the date and time of the official time stamp.

Page 23 | Official Time Stamp; Time of Filing

Filing fees are due within two business days of electronic submission; after notice and one additional business day without payment, a new suit is administratively dismissed or a subsequent filing is stricken.

Payment shall be made to the Clerk within two (2) business days of the submission of an electronic filing. If payment is not received within two (2) business days, then the Clerk will notify the filer through the email address that submitted the filing to the Clerk. If after one (1) additional business day the payment has still not been received, then one of the following will occur based on the type of filing: New Suit – the case will be administratively dismissed by the Court; Subsequent Filing – the filing will be stricken from the record by the Court.

Page 24 | Fees and Costs

Filings submitted outside the Clerk’s Monday-through-Friday hours of 8:00 a.m. to 4:30 p.m., excluding listed court holidays, are considered filed the next business day.

The Clerk’s Office is open Monday through Friday, except for the Court’s listed holidays, from 8:00 am to 4:30 pm. If a filing is submitted outside of the Clerk’s hours, then the Clerk’s Office shall be considered filed on the next business day.

Page 24 | Hours for Electronic Filings

The Public Defender's Office must file the appointment journal entry immediately upon the court's approval of representation.

Immediately upon approval by the court of representation of a defendant by the Public Defender's Office, that office shall file with the Clerk of Court a journal entry formalizing the appointment.

Page 36 | Rule 2.24 – Appointment of Public Defender

Unless the court permits otherwise or the law provides otherwise, pretrial motions other than continuance motions may not be filed within seven days of a bench or jury trial.

Unless permitted by the court, no pretrial motion, except for one for continuance or as otherwise provided by law, shall be filed within seven (7) days of the bench or jury trial date.

Page 36 | Rule 2.27 – Motions and Notices Before Trial, A. Motions Before Trial

Opposing memoranda are due within 14 days after service or by the day before trial or the motion hearing, whichever is earlier, unless the assigned judge sets another time.

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, or at such other time as set by the assigned judge.

Page 37

A written notice of intent to offer evidence or argue self-defense, defense of another, or defense of residence must be filed at least 14 days before the misdemeanor bench or jury trial.

A written Notice of intent to offer evidence or argue Self-Defense, Defense of Another, or Defense of Residence shall be filed with the Court not less than fourteen (14) days before the bench or jury trial of the misdemeanor case.

Page 37 | B. Notices of Alibi, Self-Defense, Defense of Another, and Defense of Residence — 2. Notice of Self-Defense, Defense of Another, or Defense of Residence

A written notice of alibi must be filed at least 14 days before the misdemeanor bench or jury trial and served on the prosecuting attorney.

A written Notice of Alibi shall be filed with the Court not less than fourteen (14) Days before the bench or jury trial of the misdemeanor case and shall be served upon the prosecuting attorney.

Page 37 | B. Notices of Alibi, Self-Defense, Defense of Another, and Defense of Residence — 1. Notice of Alibi

A party requesting a court-appointed interpreter must make a written request at least three days before trial or hearing, unless the Court waives the written-request requirement.

In a criminal, traffic, or civil case, the party requesting a court appointed foreign language interpreter or sign language interpreter shall make a written request to the Court at least three (3) days before the date of the trial or hearing. The Court will determine if an interpreter is necessary, arrange for an interpreter, and appoint one. The Court may waive the written request requirement.

Page 42 | Rule 2.29 – Foreign Language Interpreter or Sign Language Interpreter; C. Request for Interpreter

Failure to pay the deposit or file an approved poverty affidavit within ten days after filing the jury demand waives jury trial.

Failure to make the $800 deposit or to file the poverty affidavit within ten (10) days after filing the Jury Demand constitutes a waiver of trial by jury.

Page 48 | Rule 3.3 – Trial by Jury or by Court

A civil witness-subpoena praecipe must be filed with the Clerk at least five days before trial, excluding intervening Saturdays, Sundays, and holidays.

The praecipe (request) for subpoenas of witnesses in civil cases shall be filed with the Clerk not later than five (5) days (excluding intervening Saturdays, Sundays, and Holidays) before the date of trial.

Page 48 | Rule 3.4 – Subpoenas for Witnesses

A magistrate's decision is subject to a 14-day objection period under Civ.R. 53.

The magistrate's decision is subject to a fourteen (14) day objection period pursuant to Civ.R. 53.

Page 49 | F. Objection Period

After the dismissal notice, the case will be dismissed in 10 days unless the plaintiff shows good cause to the contrary.

If plaintiff fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

Page 49 | Notification of Dismissal

To avoid waiver of a jury trial, a written jury demand must be filed and the advance jury deposit paid by the hearing date.

Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid.

Page 51 | D. Trial by Jury

A plaintiff may initiate a Writ of Restitution within 30 days after entry of restitution, and the court may stay that deadline in writing.

If the defendant (tenant) fails to vacate or remove personal property from the premises after restitution is granted by the Court, the plaintiff/owner may initiate a Writ of Restitution within 30 days from the date of the Entry of Restitution, by posting the required fee for the Writ with the Clerk of Court. The 30-day deadline for initiating the Writ may be stayed upon written approval of the Court.

Page 52 | J. Writ of Restitution

The plaintiff/landlord, counsel, or other responding party must file the response form within 21 days after service.

The Plaintiff/Landlord, their Counsel, or other responding party must file their Response to the Application to Seal Eviction Record form (Response) with the Clerk of Court within 21 days after being served.

Page 56 | Q.3(c)(1). Response to Application to Seal Eviction Record

A motion raising an exception to an arbitrator must be filed within five days after the notice of assignment is mailed and will be heard by the assigned judge.

Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of the notice of assignment and shall be heard by the assigned judge.

Page 61

The report and award becomes final, and judgment is entered, 30 days after filing unless rejecting parties file conforming amended pleadings within that period.

The report and award shall become final thirty (30) days after its filing and the Court shall enter judgment in accordance therewith unless, within said thirty (30) day period, parties rejecting the report and award file amended pleadings conforming with subsection (2) of this rule.

Page 63 | O. Legal Effect of Report & Award/Entry of Judgment

The arbitrator must file a written report and award within 30 days after the hearing.

Within thirty (30) days after the hearing, the arbitrator shall file a written report and award with the Clerk of Court

Page 63 | N. Report and Award

If a case has had no action for 90 days and no answer has been filed, the Clerk will issue a dismissal notice advising that the case will be dismissed in 10 days unless good cause is shown or a default-judgment motion is filed.

If no action has been taken on a case for ninety (90) days and no answer has been filed by the defendant, then the Clerk shall send plaintiff/counsel a Notification of Dismissal. The Notification will advise that the case will be dismissed in ten (10) days unless good cause is shown to the contrary or a motion for default judgment is filed with the Court.

Page 65 | No Action on Cases Eligible for Default Judgment

After a dismissal notice for failure to obtain service, the case will be dismissed in 10 days unless good cause is shown.

If plaintiff/counsel fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff/counsel a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

Page 65

The journal entry must be submitted to the judge within 15 days of the decision; otherwise the judge will prepare it.

Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge or thereafter the judge shall prepare the entry.

Page 66 | D. Judicial Steps, 5. Judgment Entries

Opposing counsel must approve or reject the journal entry within five days.

Opposing counsel shall approve or reject the entry within five (5) days.

Page 66 | D. Judicial Steps, 5. Judgment Entries

The journal entry must be submitted to opposing counsel within five days of the decision.

That entry shall be submitted to opposing counsel within five (5) days of the decision.

Page 66 | D. Judicial Steps, 5. Judgment Entries

A settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

Page 66 | D. Judicial Steps, 5. Judgment Entries

When a special process server appointment order expires, a new application, affidavit, and order must be filed.

When the order appointing the special process server expires, a new Application, Affidavit, and Order must be filed.

Page 68 | Standing Process Server

All documents, except the complaint offered for filing and required to be served to other parties, shall contain proof of service in the form provided by Civil Rule 5.

All documents, except the complaint offered for filing and required to be served to other parties, shall contain proof of service in the form provided by Civil Rule 5.

Page 14 | Rule 2.13 – Form and Signing of Pleadings

The filer must serve all required parties in accordance with Civ.R. 5 when filing a pleading by fax.

Faxed pleadings must include a certificate of service showing that all required parties were served by the filer in accordance with Civ.R. 5.

Page 17 | G. Proof of Service

An exhibit filed separately this way must be served in conformance with the rules governing service of pleadings in the Court.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case, which sets forth the name of the court, title of the case, the case number, name of the judge, and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

Page 17 | F. Exhibits

Electronically filed court-initiated documents must be served by ordinary United States Postal Service mail.

Service of electronically filed documents shall be made via ordinary mail with the United States Postal Service.

Page 23 | Service of Electronically Filed Court Initiated Documents

Plaintiffs must tender sufficient service copies for all defendants with the original complaint.

Plaintiffs shall tender with the original complaint a sufficient number of service copies for all defendants to be served.

Page 27 | Rule 2.16 – Copies of Complaint

All motions must be served on all counsel or, for unrepresented parties, on the parties on the day of filing, in accordance with the Rules of Procedure.

All motions shall be served upon all counsel or the parties, if not represented by counsel, on the day of filing, pursuant to the Rules of Procedure.

Page 36 | Rule 2.27 – Motions and Notices Before Trial, A. Motions Before Trial

The notice of alibi must be served on the prosecuting attorney.

A written Notice of Alibi shall be filed with the Court not less than fourteen (14) Days before the bench or jury trial of the misdemeanor case and shall be served upon the prosecuting attorney.

Page 37 | B. Notices of Alibi, Self-Defense, Defense of Another, and Defense of Residence — 1. Notice of Alibi

Small claims summonses must be served under the Ohio Rules of Civil Procedure, and the Clerk must immediately notify the plaintiff if service fails.

Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify the plaintiff immediately.

Page 48 | Rule 3.6 – Small Claims Division

If the plaintiff does not obtain service within 180 days after filing, the Clerk must issue a dismissal notice stating the case will be dismissed in 10 days unless good cause is shown.

If plaintiff fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

Page 49 | Notification of Dismissal

Summons in forcible entry and detainer actions must be served in accordance with R.C. 1923.06 and the Ohio Civil Rules.

Service of summons in forcible entry and detainer (eviction) actions shall be in accordance with R.C. 1923.06 and the Ohio Civil Rules.

Page 51

A tenant must serve any counterclaims on the plaintiff or the plaintiff’s attorney.

The tenant shall serve any counterclaims upon the plaintiff/owner or their attorney.

Page 51 | H. Counterclaims on First Cause of Action

The Notice to the Tenant Owner must be served by posting and ordinary mail to the tenant owner’s last known address.

Service of the Notice to the Tenant Owner shall be by posting and by ordinary mail sent to the last known address.

Page 52 | J.2(a)

The manufactured-homes notice must be served on the tenant-owner.

The Dayton Municipal Court Notice of Eviction for Manufactured Homes form must be used and served on the Tenant (Owner).

Page 53 | Notice of Eviction

The Notice of Eviction must be served on the tenant by posting it at the premises and sending it by ordinary mail.

The Notice of Eviction shall be served upon the defendant (tenant) by posting a copy on the premises and sending a copy by ordinary mail, pursuant to R.C. 1923.06.

Page 53 | Notice of Eviction

A tenant’s related counterclaims must be served on the plaintiff or the plaintiff’s attorney.

Any related counterclaims raised by the defendant (tenant) shall be served upon the plaintiff/owner or their attorney and shall be consolidated for hearing (trial) with the Second Cause for Money Damages.

Page 54 | N. Second Cause for Money Damages

After the response is filed, the Clerk of Court must serve it on the defendant/tenant by ordinary mail.

The Clerk of Court shall then serve the Response by ordinary mail upon the Defendant/Tenant.

Page 56 | Q.3(c)(1). Response to Application to Seal Eviction Record

The Clerk serves the listed application and response forms on the plaintiff/landlord or counsel by ordinary mail.

The Notice of Application, the Application and Affidavit to Seal Eviction Record, and the Response to the Application to Seal Eviction Record form (Response) forms will be served on Plaintiff/Landlord or their Counsel by the Clerk through ordinary mail.

Page 56 | Q.3(b). Service of Notice, Application and Affidavit to Seal Eviction Record, and Response

The Clerk of Court must serve a copy of the motion to unseal on the parties to the case.

A copy of the Motion to Unseal Court Record shall be served on the parties to the case by the Clerk of Court.

Page 58 | Affidavit Setting Forth Good Cause and Hearing

The Clerk must serve the ruling entry by ordinary mail on the requester and all parties to the case.

The Clerk shall serve the Entry upon the party or government official requesting the record be unsealed and upon all parties to the case by ordinary mail.

Page 58 | Entry Ruling on Motion to Unseal Court Record

A party proposing to offer affidavits or written reports at an arbitration hearing must furnish copies to all other parties at least 60 days before the hearing.

Where a party proposes to offer affidavits or written reports at an arbitration hearing, the party shall furnish copies of such affidavits or reports to all other parties not less than sixty (60) days in advance of the hearing.

Page 62 | J. Conduct of Hearing/General Powers

On the day the report and award is filed, the arbitrator must mail or otherwise forward copies to all parties or their counsel.

and, on the same day, shall mail or otherwise forward copies thereof to all parties or their counsel.

Page 63 | N. Report and Award

Parties who amend their pleadings must serve the other parties under the Ohio Rules of Civil Procedure.

The parties making such pleading amendments shall serve other parties pursuant to the Ohio Rules of Civil Procedure.

Page 63 | O. Legal Effect of Report & Award/Entry of Judgment

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 64 | Rule 3.10 – Civil Case Management Plan, C. Clerical Steps

Plaintiff or counsel must obtain service within 180 days of filing or risk dismissal 10 days after notice unless good cause is shown.

If plaintiff/counsel fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff/counsel a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

Page 65

All counsel of record must receive notice of a pre-trial conference at least 14 days before it.

Notice of the pre-trial conference shall be given to all counsel of record not less than fourteen (14) days prior to the conference.

Page 65 | D. Judicial Steps, 3. Pre-trials

For personal service, the special process server must locate the person and tender them a copy of the process and accompanying documents.

The special process server shall effect personal service by locating the person to be served and tendering a copy of the process and accompanying documents to the person to be served.

Page 66 | Rule 3.11 – Appointment of Special Process Server, A. Special Process Server, 1. Effecting Service, (a) Personal service

For residence service, the special process server must leave the process and complaint or other document at the person's usual residence with a resident of suitable age and discretion.

The special process server shall effect residence service by leaving a copy of the process and the complaint, or other document to be served, at the usual place of residence of the person to be served with some person of suitable age and discretion residing therein.

Page 66 | Rule 3.11 – Appointment of Special Process Server, A. Special Process Server, 1. Effecting Service, (b) Residence Service

A special process server must be designated by court order to serve civil process personally or at a residence under Civ. R. 4.1.

A special process server is a person who has been designated by court order to make personal or residence service of civil process pursuant to Civ. R. 4.1.

Page 66 | Rule 3.11 – Appointment of Special Process Server, A. Special Process Server

After serving process, the special process server must endorse the service on the process and return it to the clerk.

When the copy of the process has been served, the special process server shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the docket.

Page 67 | Special Process Server

If service is not completed within 28 days, the process server must note the failure and reasons on the process and return the process and copies to the clerk.

When the special process server is unable to serve a copy of the process within twenty-eight (28) days, the process server shall endorse that fact and the reasons on the process, and return the process and copies to the clerk, who shall make the appropriate entry on the docket.

Page 67 | Failure of Service

The Notice and Order to Discharge the Garnishee must be served on the garnishee and judgment debtor under R.C. 2716.041.

The Notice and Order shall be served upon the garnishee and the judgment debtor, pursuant to R.C. 2716.041.

Page 68 | Rule 3.12 – Notice and Order to Discharge Garnishee

A $50 local court cost is due when an application to seal or expunge criminal conviction records is filed.

A $50 local court cost, in addition to the $50 filing fee required by R.C. 2953.32, shall be paid upon the filing of an Application for Sealing or an Application for Expungement of Criminal conviction records.

Page 11 | Rule 2.7 – Assignment of Applications Requesting Sealing of Record and Applications Requesting Expungement of Record

The Clerk of Court will not accept fax filings that require a filing fee or documents tendered that require payment of court costs.

No document filed by facsimile that requires a filing fee shall be accepted by the Clerk of Court for filing. Documents tendered to the Clerk of Court which require payment of court costs will not be filed.

Page 18 | J. Fees and Costs

A summons in a new civil suit will not issue until the filing fee is received.

A summons will not be issued until the receipt of the filing fee.

Page 23 | New Civil Suits

The notice of appeal is sent to the Second District Court of Appeals once the filing fee is received.

The Notice of Appeal will be sent to the Second District Court of Appeals upon receipt of the filing fee.

Page 24 | Notice of Appeals

Documents requiring a fee are accepted, time-stamped, and docketed but are not processed until the Clerk receives payment, which may be made by mail or in person within two business days of electronic submission.

Documents that require a filing fee will be accepted, time-stamped, and entered on the docket. However, the documents will not be processed until the filing fee is received by the Clerk’s Office. Payment of filings fees can be made by mail or in-person at the Clerk’s Office. Payment shall be made to the Clerk within two (2) business days of the submission of an electronic filing.

Page 24 | Fees and Costs

As of February 1, 2018, a $26.00 special projects fee is charged in addition to other court costs when each action or proceeding is filed.

B. As of February 1, 2018, the Court shall charge a court special projects fee of $26.00 in addition to all other court costs, pursuant to R.C. 1901.26(B), on the filing of each action or proceeding for criminal, civil, traffic, judgment by confession and other causes.

Page 43 | Rule 2.32 – DMC Special Projects Fee

Special projects fees must be paid to the City of Dayton Treasurer for deposit into the Court's General Special Projects Fund.

C. All special projects fees shall be paid to the City of Dayton Treasurer for deposit into the Dayton Municipal Court General Special Projects Fund.

Page 43 | Rule 2.32 – DMC Special Projects Fee

Civil case costs are payable upon filing according to the fee schedule unless the court orders otherwise.

Unless otherwise ordered by the court, costs in civil cases shall be assessed and payable upon filing according to the Schedule of Fees and Costs located in Appendix A at the end of the Dayton Municipal Court Rules of Practice.

Page 47 | Rule 3.1 – Civil Costs

A party demanding a civil jury must deposit $800 with the Clerk unless an approved poverty affidavit is filed instead.

At the time of filing the civil jury demand, the party making the demand shall deposit the sum of eight hundred dollars ($800) with the Clerk unless a poverty affidavit approved by the court is filed in lieu of the monetary deposit.

Page 48 | Rule 3.3 – Trial by Jury or by Court

After a motion to transfer a small claims case to the civil docket is granted, the requesting party must pay the appropriate fee to the Clerk or the case remains on the small claims docket.

Where a motion has been granted to transfer a small claims case to the civil docket, the party seeking the transfer shall pay the appropriate fee to the Clerk. Failure to pay the fee will result in the case being retained in the small claims docket.

Page 50 | J. Payment of Fee

The advance jury deposit must be paid to avoid waiver of a jury trial.

Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid.

Page 51 | D. Trial by Jury

A plaintiff initiating a Writ of Restitution must post the required fee with the Clerk of Court.

If the defendant (tenant) fails to vacate or remove personal property from the premises after restitution is granted by the Court, the plaintiff/owner may initiate a Writ of Restitution within 30 days from the date of the Entry of Restitution, by posting the required fee for the Writ with the Clerk of Court.

Page 52 | J. Writ of Restitution

The fee for a motion for writ of execution is $75.

1. Motion for Writ of Execution Fee. The fee for the Motion is $75

Page 58 | Motion for Writ of Execution Fee

A deposit of at least $16 must be paid when requesting a writ of execution to transfer title to an abandoned manufactured or mobile home or RV.

At the time of requesting a Writ of Execution to transfer the title to an abandoned manufactured or mobile home or RV, a deposit of not less than sixteen dollars ($16) shall be paid.

Page 59 | Transfer of Title to Abandoned Manufactured/Mobile Home or RV

A writ of execution for the sale of a vehicle, abandoned manufactured or mobile home, recreational vehicle, or other personal property requires a deposit of at least $800, which may increase to cover actual expenses.

If A Writ of Execution is requested in connection with the sale of a vehicle, abandoned manufactured/mobile home or recreational vehicle, or other personal property, the amount of the deposit shall not be less than eight hundred dollars ($800). The $800 deposit may not cover all the actual expenditures incurred; therefore, the actual amount paid may increase depending on the actual cost of appraisal, advertising, and other services associated with the execution.

Page 59

A party may waive arbitration at any time, but a party who waives less than two weeks before the hearing must be assessed an arbitration fee for one full day.

The parties may at any time waive their rights to arbitration; provided that, any party who waives this right less than two weeks before an arbitration hearing shall be assessed an arbitration fee for one full day in accordance with paragraph (P) of this rule.

Page 60 | Duties of Arbitrator

A defendant must pay a $350 deposit to the Clerk of Court when filing an answer to a medical, dental, optometric, or chiropractic malpractice claim.

Defendant(s) shall pay a deposit of three hundred fifty dollars ($350) to the Clerk of Court upon filing an answer to a medical, dental, optometric, and/or chiropractic malpractice claim.

Page 64 | Q. Poverty Affidavit

A plaintiff must pay a $350 deposit to the Clerk of Court when filing a medical, dental, optometric, or chiropractic malpractice claim.

Plaintiff(s) shall pay a deposit of three hundred fifty dollars ($350) to the Clerk of Court upon filing of a medical, dental, optometric, and/or chiropractic malpractice claim.

Page 64 | Q. Poverty Affidavit

When there are multiple plaintiffs or defendants, each must deposit $350.

If there are multiple plaintiffs or defendants, each shall be required to deposit the sum of three hundred fifty dollars ($350).

Page 64 | Q. Poverty Affidavit

A $10 mediation service fee is charged when each eviction or small claims case is filed, in addition to other court costs.

Starting November, 1, 2011, the Court shall charge a mediation service fee of $10.00 on the filing of each eviction and small claims case, in addition to other court costs, pursuant to R.C. 1901.26(B).

Page 70 | Rule 3.14.1 – Mediation Services Fee

If found liable, $40 in court fees is added to the penalty.

Please note that if found liable, there will be $40.00 in court fees added to the penalty amount.

Page 1 | Photo Enforcement

A $25 late fee is added if a photo enforcement citation is not paid by its listed due date.

If the citation is not paid by the due date listed on your citation, a $25.00 late fee will be added to the balance.

Page 1 | Photo Enforcement

Photo enforcement citations are due within 30 days of issue, and a $25 late fee is added if payment is not made by the listed due date.

Citations must be paid within 30 days of the issue date. The payment due date is listed on your citation. If the citation is not paid by the due date listed, a $25.00 late fee will be added to the balance.

Page 1 | Photo Enforcement

Mail ticket payment with the ticket and an accepted check or money order to the Clerk of Court, mailing it at least four days before the court date to avoid a warrant.

PAYING BY MAIL — Payments can be sent by mail by enclosing the ticket with either a certified check, money order, or personal check (no starter checks) for the amount of the fine into an envelope addressed to: Dayton Clerk of Court, P.O. Box 10700, Dayton, Ohio 45402. Make sure payments are mailed at least 4 days prior to the court date on the ticket to avoid a warrant.

Page 1 | Tickets and Fines

The Clerk will furnish extra copies of pleadings or other papers upon request and payment of a reasonable fee.

The Clerk shall, upon request, furnish extra copies of pleadings or other papers upon the payment of a reasonable fee.

Page 14 | Rule 2.15 – Filing and Removal of Papers from Custody of Clerk

A fax filer does not receive a time-stamped copy automatically but may request a copy after filing by mail and must include the appropriate copy fee.

3. The filer will not receive a time-stamped copy of any pleading filed by facsimile. The filer may request a copy of the pleading, after it is filed, by mailing the request and the appropriate fee for the copy.

Page 16 | B. Original Filing

The transcript cost must be obtained from the employee who prepares it, who may require a deposit of up to 50% of the estimated actual cost and must provide the estimate in writing.

The cost for a written transcript of a Court proceeding must be obtained from the Court employee who prepares the transcript. The employee preparing the transcript may require a deposit of not more than 50% of the estimated actual cost. The written estimated actual cost will be provided to the person paying the deposit for the transcript.

Page 33 | 3.

A court or clerk may charge actual costs for responding to a direct-access request, require a deposit of estimated costs, and provide the estimate in writing.

A court or clerk of court may charge its actual costs incurred in responding to a request for direct access to a court record. The court or clerk may require a deposit of the estimated actual costs. The written estimated actual costs will be provided to the person paying the deposit.

Page 33 | 2.

Starter checks are not accepted, and personal checks cannot be used for Rent Escrow rent payments or Traffic School Program fees.

No starter checks will be accepted. Personal checks are not accepted for rent payments on Rent Escrow cases. Personal checks are not accepted for Traffic School Program Fees.

Page 45 | Rule 2.34 – Acceptable Forms of Payment

The Court accepts cash (with no more than $1.00 in coins), money orders, certified and traveler’s checks, personal checks, MasterCard, and Visa.

The following forms of payment will be accepted: • Cash (no more than $1.00 in coins) • Money Order • Certified check • Traveler’s check • Personal checks • MasterCard and Visa

Page 45 | Rule 2.34 – Acceptable Forms of Payment

Credit cards are not accepted at the Clerk’s Office in the Montgomery County Jail lobby.

Credit cards cannot be accepted at the Clerk’s Office located in the lobby of the Montgomery County Jail.

Page 46 | Rule 2.34 – Acceptable Forms of Payment

When an application to seal an eviction record is granted, the Clerk must redact the entire record from public records, including the electronic case index.

If the Court grants an Application to Seal an eviction case record, the Clerk shall cause the entire eviction case record to be redacted from all public records to the same extent that it would for the sealing of a criminal case record, including the electronic case index system.

Page 57 | Sealing of Record after Application Granted

The Clerk must ensure that a sealed case record can be retrieved and unsealed when the Court orders access.

The Clerk shall ensure that the record of the case can be retrieved and unsealed if the Court orders access to the sealed record.

Page 57 | Sealing of Record after Application Granted

The Clerk shall retain both the sealed electronic record and physical file, should one exist, in accordance with its record retention policy.

The Clerk shall retain both the sealed electronic record and physical file, should one exist, in accordance with its record retention policy.

Page 57 | Sealing of Record after Application Granted

The motion to unseal with its affidavit and the ruling entry must be filed under seal.

The Motion to Unseal Court Record with Affidavit and the Entry Ruling on the Motion to Unseal Court Record shall be filed under seal.

Page 58 | Motion and Entry to Unseal shall be Filed under Seal

Certain closed eviction cases may be sealed 60 days after the final decision on the eviction cause if one of the stated dismissal, tenant-judgment, and satisfaction conditions applies.

The following Closed Cases may be sealed sixty (60) days after the date of the Final Decision on the First Cause for Eviction: (1) Only first cause for eviction was filed, and the first cause for eviction was dismissed or judgment was entered for the Tenant/Defendant; or (2) Court dismissed the first cause for eviction or entered judgment for the Tenant/Defendant, and any second cause for rent or damages, plus court costs, has been satisfied or dismissed; or (3) Landlord/Plaintiff dismissed the first cause for eviction before adjudication of that claim, and any second cause for rent or damages, plus court costs, has been satisfied or dismissed.

Page 55 | Q.2(a). Eviction Case Records that are Eligible to be Sealed

The Court may seal an eviction record when the interests of justice outweigh public access, and sealing remains within the Court’s discretion after examination of the grounds.

Sup.R. 45 provides that a court may restrict public access to a court record when it finds by clear and convincing evidence that the presumption of public access is outweighed by a higher interest. Therefore, the Court has the authority to order the Dayton Municipal Clerk of Court (“Clerk”) to seal an eviction record when the interests of justice outweigh the duty to provide public access. The Court shall examine the grounds for sealing each eviction record and may deny sealing a record when criminal activity, such as a violent offense or drug offense, led to the eviction. Whether an eviction record is sealed is up to the discretion of the Court.

Page 55 | Q. Sealing of Eviction Records

An eviction case may be sealed only after a final decision and closure of every cause requiring a court determination.

Closed Cases that have a Final Decision by the Court are eligible to be sealed. An Eviction Case consists of a First Cause for Eviction and may have a Second Cause for Rent or Damages. The entire Case must be closed before it can be sealed. Closed means there is no pending First Cause for Eviction or Second Cause for Rent/Damages still open that needs to be determined by the Court.

Page 55 | Q.2. Eviction Case Records that are Eligible to be Sealed

An eviction case cannot be considered for sealing while objections or appeals are pending, but may be considered after a final decision on them.

Eviction Cases are also not eligible to be sealed while objections or appeals are pending. These cases can be considered after the Final Decision on the objections and/or appeals.

Page 55 | Q.2. Eviction Case Records that are Eligible to be Sealed

A closed case with a landlord judgment may be sealed six months after the final decision if rent or damages and costs are satisfied or dismissed and the applicant has had no other Dayton Municipal Court eviction judgment in the past three years.

The following Closed Cases may be sealed six (6) months after the date of the Court’s Final Decision on the First Cause for Eviction: Eviction Judgment for Landlord/Plaintiff and Rent/Damages Satisfied The Landlord/Plaintiff prevailed on the merits and was awarded judgment on the first cause for eviction and any second cause for rent or damages, plus court costs, has been satisfied or dismissed, plus the Applicant has not had another eviction judgment against them in the Dayton Municipal Court within the past three (3) years.

Page 56 | Q.2(b). Eviction Case Records that are Eligible to be Sealed

A renewed application to seal a denied eviction record may be filed, but requires good cause to be granted.

Once an Application to Seal an eviction record is denied, another Application to Seal may be filed but it will not be granted unless good cause is shown.

Page 58 | Denied Application to Seal Eviction Record

Upon the filing of a Motion, access to the sealed eviction record may be provided to government officials as required by law.

Upon the filing of a Motion, access to the sealed eviction record may be provided to government officials as required by law.

Page 58 | Government Officials Entitled to Access

Opposing counsel must respond in the same manner within 14 days, and the motion is deemed submitted at the end of that period unless the judge or magistrate extends the time.

Opposing counsel shall respond in like manner within fourteen (14) days. All motions will be deemed submitted at the end of said fourteen (14) day period unless time is extended by the judge or magistrate.

Page 65 | D. Judicial Steps, 2. Motions

All motions must be set for an oral hearing.

All motions shall be set for oral hearing.

Page 76 | Rule 4.13 – Criminal Case Management Plan, B. Scheduling of Events, 2. Motions

A motion is deemed submitted when opposing memoranda are filed or the filing period expires, whichever occurs first.

Motions shall be deemed submitted when the opposing memoranda are filed or the time for filing expires, whichever is earlier.

Page 37

An oral hearing on a motion will be granted only if the parties request it in writing and the judge or magistrate deems it necessary.

There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the judge or magistrate deems it necessary.

Page 65 | D. Judicial Steps, 2. Motions

Whether a motion is assigned for oral hearing is left to the Court’s discretion.

Assignment of any motion for oral hearing shall be at the discretion of the Court.

Page 37

A motion for continuance must be filed in writing at least five days before the hearing, excluding intervening Saturdays, Sundays, and court holidays.

A motion for continuance must be filed in writing not later than five (5) days (excluding intervening Saturdays, Sundays, and court holidays) before the date of the hearing.

Page 49 | C. Continuance

An application to continue a pre-trial conference must be addressed to the assigned judge or magistrate.

Any application for continuance of the conference shall be addressed to the judge or magistrate to whom the case has been assigned.

Page 65 | D. Judicial Steps, 3. Pre-trials

A party seeking a continuance of a trial or hearing must file a written motion stating the reason.

No party shall be granted a continuance of a trial or a hearing without a written motion from the party or counsel stating the reason for the continuance.

Page 66 | D. Judicial Steps, 4. Continuances

When counsel has another trial scheduled for the same date, the case set first has priority and must be tried on its assigned date.

When a continuance is for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.

Page 66 | D. Judicial Steps, 4. Continuances

An arraignment continuance may not exceed seven days from the original date; additional continuances without a plea require approval and good cause, and any continuance granted must be scheduled for a specific date.

The arraignment session duty judge or magistrate may grant a continuance of arraignment not to exceed seven (7) days from the original arraignment date. Additional continuances, without plea, may be granted only with the approval of the duty judge or magistrate upon good cause shown. Continuances allowed shall be scheduled on a specific date.

Page 72 | Rule 4.3 – Continuances of Arraignments

Continuance filings must comply with Traf.R. 18.

Traf.R. 18 shall be followed when filing continuances.

Page 79 | Rule 5.8 – Continuances and Motions

If the subpoena praecipe was not timely filed, a witness's failure to appear may not be grounds for a continuance.

Where the praecipe for subpoenas is not filed in accordance with this rule, the failure of a witness to appear may not be grounds for a continuance of the case.

Page 48 | Rule 3.4 – Subpoenas for Witnesses

After due notice, arbitration may proceed if a party is absent and has not obtained a continuance.

The arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain a continuance.

Page 61 | I. Default of Party

The trial court has discretion to grant or deny other requests to continue a scheduled trial.

The granting of any other request for continuance for a scheduled trial is a matter within the discretion of the trial court.

Page 66 | D. Judicial Steps, 4. Continuances

Criminal cases assigned for trial take priority over civil cases assigned for trial.

Criminal cases assigned for trial have priority over civil cases assigned for trial.

Page 66 | D. Judicial Steps, 4. Continuances

For a time-sensitive pleading filed by fax, the filer must notify the Judge’s or Magistrate’s office of the fax filing.

If the filed pleading is time sensitive, the filer shall contact the Judge’s or Magistrate’s office to advise them of the fax filing.

Page 17 | H. Time of Filing

Counsel and the parties must not communicate with the arbitrators about the merits while the case is pending, except as the rules provide.

There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy during pendency of the case, except as provided for by these rules.

Page 61 | G. Hearings/When and Where Held/Notice

To have a failure-to-comply warrant withdrawn, speak directly with the sentencing judge’s staff.

To have the warrant withdrawn, you must speak directly with the sentencing Judge's staff.

Page 1 | Warrants

After missing a pretrial conference or trial, call the assigned judge’s office to reschedule, or call the listed number if you do not know the judge.

FAILURE TO APPEAR AT PRETRIAL CONFERENCE OR TRIAL — You have made an initial appearance and pled not guilty and have failed to appear at your next scheduled hearing. Call that Judge's office to reschedule. If you do not know the Judge assigned call (937) 333-4339.

Page 1 | Warrants

Any issues involving the appointment or services of a foreign language interpreter or sign language interpreter should be reported directly to the Court Administrator’s Office.

Any issues involving the appointment or services of a foreign language interpreter or sign language interpreter should be reported directly to the Court Administrator’s Office.

Page 42 | Rule 2.29 – Foreign Language Interpreter or Sign Language Interpreter; D. Issues with Interpreters

Settlement offers generally must not be disclosed to the arbitrators before the report is filed, but the parties may waive this restriction by mutual consent.

No disclosure shall be made to the arbitrators prior to the filing of the report and aware of any offers of settlement made by any party. By mutual consent, the parties may waive this restriction as it pertains to the arbitrator.

Page 62 | J. Conduct of Hearing/General Powers

Prospective jurors must call the recorded jury line after 4:30 p.m. the evening before reporting, and need not call again if their jury is canceled.

All prospective jurors call (937) 333-7566 after 4:30 p.m. on the evening before your scheduled reporting date. A recorded message will advise you if you need to report for jury service. If you are not required to report for jury service because your jury has been canceled, there is no need to make any additional telephone calls.

Page 1 | Jury Duty

A prospective juror seeking a hardship excuse must call the assigned judge, and only that judge or the judge’s representative may grant an excuse.

Pursuant to Ohio Law, no one is exempt from jury duty. If you have a circumstance or condition that you believe will cause a hardship for you to serve as required, you might be excused. Excuses can only be granted by the Judge assigned to this jury or his/her representative. You can determine the judge assigned to your jury case by reading the jury summons that you have received. To request to be excused from Jury Duty, call the Judge to whom you are assigned for trial.

Page 1 | Jury Duty

The Clerk of Court is not required to notify the sending party if a fax filing fails.

The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing.

Page 17 | preceding section

The Clerk of Court may acknowledge receipt of a fax transmission but is not required to do so.

The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.

Page 17 | H. Time of Filing

If a fax filing does not appear on the Clerk’s website after two business days, the filing party may contact the appropriate division of the Clerk’s Office.

If the facsimile filing does not appear on the Clerk’s website after 2 business days, the filing party may contact the appropriate division of the Clerk’s Office.

Page 18 | I. Verifying Receipt of Facsimile Filing

The Clerk of Court is not required to notify the sending party that a fax filing was received or failed.

The Clerk of Court is not required to send any form of notice to the sending party regarding receipt or failure of a fax filing.

Page 18 | I. Verifying Receipt of Facsimile Filing

Contact the Dayton Municipal Court Clerk’s office for assistance inspecting Court records.

Please contact the Dayton Municipal Court Clerk’s office for assistance with inspection of Court records.

Page 32 | Rule 2.21.1 – Court Records Policy

Call the listed number to find out why the City of Dayton issued a warrant.

To find out why you have a warrant issued by the City of Dayton, call (937) 333-4339.

Page 1 | Warrants

Call the listed number to find out whether a warrant has been issued for a City of Dayton offense.

To find out if a warrant has been issued for your arrest for an offense committed in the City of Dayton, call (937) 333-4339.

Page 1 | Warrants