Defiance Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An application to continue a pretrial conference must be addressed to the Judge.
- Attorneys must bring their calendars to pretrial conferences, and matters set for hearing or trial there cannot be continued without Court approval.
- A party seeking to continue a trial, pretrial, or hearing must file a written motion stating the reason.
- +9 more
Request must include
- Continuance motions must be received in writing and should be filed at least five days before the hearing, unless the Court approves otherwise.
Page & Word Limits1 rule
Facsimile filings shall not exceed twenty-five (25) pages in length.
- Facsimile filing
- Up to 25 pages
Document Format Requirements8 rules
All papers filed with the Clerk shall be on 8 ½" × 11" paper with the exception of exhibits.
- Paper size
- Letter
Formatting
- •Exhibits are excepted from the paper-size requirement
Motions to revive judgment must be filed in writing and served upon the other party.
At any hearing in Small Claims Court the parties are each responsible for providing the original and two copies (or adequate copies for all parties involved) of any exhibits which they plan to introduce.
Ticket paper must be durable enough to preserve the Court record portion unchanged for the applicable retention period.
Court's wording
The ticket paper shall be of sufficient quality to allow the Court record portion of the citation to remain unchanged for the period of the retention schedule for the various traffic offenses as prescribed by Supreme Court Rule 26.05.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
The jury questionnaire should be phrased and organized so as to facilitate quick and accurate screening and should request only that information essential for: 1. Determining whether a person meets the criteria for eligibility; 2. Providing a basic background information ordinarily sought during voir dire examination; and 3. Efficiently managing the jury system.
Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems;
The use and filing of a ticket that is produced by a computer or other electronic means is hereby authorized in the Defiance Municipal Court.
Document Filing Requirements56 rules
Except for a withdrawal requested in open Court when a counsel's client fails to appear for a Court proceeding, no application for withdrawal will be considered except upon written motion filed with the Court that must include (a) the specific reason for withdrawal
All documents filed on behalf of one or more parties represented by counsel shall be signed by one attorney and show their Supreme Court Registration number.
Filings must include a caption and case number, identify the filer and document, and provide the specified attorney or pro se party information.
Must include
- •Caption
- •Case number
Court's wording
All papers offered for filing with the Court shall bear: (A) A case caption and court case number; (B) A title identifying the name and party designation of the party filing the paper and the nature of the document; e.g. Motion to continue, Answer of Defendant, etc., and; (C) The typed name, office address, office telephone number, attorney registration number and signature of designated trial attorney, if applicable. If a party is unrepresented/pro se, said party shail include their name, address, and daytime telephone number.
Attorneys of record must file an Entry of Appearance, except that a responsive pleading counts as an appearance and court-appointed counsel need not file one.
Court's wording
All attorneys of record shall file an Entry of Appearance on behalf of their client. (Exceptions to this rule would include: a responsive pleading would be considered an entry of appearance and no need to file an entry of appearance for cases in which an attorney has been appointed by the court).
ALL PARTIES ARE RESPONSIBLE FOR ADVISING THE COURT, IN WRITING, OF ANY CHANGE OF ADDRESS.
(A) Pro Hac Vice: An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in Court without the permission of the Judge. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court and must comply with Rule 6.01 of the Rule of Superintendence and Rule XIl of Supreme Court Rules for Government of the Bar of Ohio.
A fax filing is the effective original, and the filer need not file the source document but must retain it and the source cover sheet, with required original signatures, and produce them on request through the end of post-judgment relief opportunities.
Court's wording
A document filed by FAX shall be accepted as the effective original filing. The person making a FAX filing is not required to file any source document with the Court but must maintain in their records and have available for production on request by the Court the source document filed by FAX, with the original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by FAX shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
(b) name and address of a substitute attorney, if any (c) a certification of service to opposing counsel and (d) the withdrawing counsel represents that, if the application is granted, a copy of the withdrawal entry will be mailed to the last known address of the client.
- Document
- Withdrawal application
Include
- •Certificate of service
A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer contact information.
Court's wording
The person filing a document by FAX shall also provide therewith a cover page containing the name of the Court, the title of the case, the case number or indicate that one has not been assigned, the title of the document being filed, the date of the transmission, the transmitting FAX number, an indication of the number of pages included in the transmission, including the cover page and the name, address, telephone number, FAX number, Supreme Court registration number, if applicable, and the e-mail address of the person filing the FAX document, if available.
or a party who files a signed document by FAX represents that the physically signed source document is in their possession or control.
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
Any exhibit filed in this manner shall be attached to a cover sheet as outlined in section (D).
A bail bond agent must register with the Clerk before filing a bond and must submit copies of the agent's surety bail and identification and a certified appointment from each represented insurer.
Court's wording
Defiance Municipal Court requires a bail bond agent to register with the Clerk of Court before a bonda may be filed in this Court pursuant to O.R.C. 3905.87. To register, a bail bond agent shall file with the Clerk of Court a copy of the agent's surety bail, a copy of the agent's driver's license or state identification card, a certified copy of the bail bond agent's appointment by power of attorney from each insurer that the bail bond agent represents.
Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Motions for continuance must also be accompanied with a judgment entry for the Court's approval.
A continuance motion based on counsel’s conflicting trial assignment must attach a copy of the other assignment notice.
Court's wording
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in another court, counsel shall attach a copy of said assignment notice to the motion for continuance.
ALL JUDGMENT ENTRIES, INCLUDING SETTLEMENT ENTRIES SHALL STATE WHICH PARTY WILL PAY THE COURT COSTS.
The complaint must include copies of the specified tenant notices and any document required by Ohio Civil Rule 10(D).
Court's wording
A copy of all notices required to be served upon tenants pursuant to Ohio Revised Code Chapters 5321, 5313, 3733, and 1923 or pursuant to federal regulations shall be attached to the complaint as well as any document required pursuant to Rule 10 (D) of the Ohio Rules or Civil Procedure.
A party seeking default judgment must file an SCRA-compliant affidavit with the motion.
Court's wording
(D) The party seeking relief by default judgment shall file with the motion an affidavit in compliance with the Servicemembers Civil Relief Act (SCRA). Failure to file the affidavit may render the judgment voidable as provided by federal law.
For a qualifying personal-property damages claim, the court may grant default judgment in the amount requested if the required affidavit and supporting documentation are filed.
Court's wording
(B) If the defendant has failed to plead or otherwise defend, the Court may grant a default judgment in the amount of the prayer if the action is for recovery of money only arising out of damages to personal property and if an affidavit with supporting documentation signed by a party with actual knowledge is filed verifying that the prayer of the complaint reflects a reasonable cost of repairing the property or its diminution in value, whichever is less.
For a liquidated second cause of action in a forcible entry and detainer case, a default-judgment motion may be oral or written and must be accompanied by the specified affidavit and supporting documentation.
Court's wording
(C) In forcible entry and detainer actions, if the defendant has failed to appear or otherwise defend on the second cause of action, default judgment may be entered upon an oral or written motion when judgment is based upon a liquidated claim and when the motion is accompanied by an affidavit with supporting documentation signed by a party with actual knowledge verifying the amount is accurate.
Satisfaction in whole or part, of any judgment shail be affected by filing an appropriate order or entry with the Clerk which has been approved by the plaintiff or judgment creditor, or his counsel.
The Clerk of Court, shall process requests for subpoenas from a praecipe or written instruction, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.
A warrant request must be made by praecipe and include the wanted person's social security number and date of birth.
Court's wording
Any warrant requested in a Civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth and must include the appropriate fee per the cost schedule in Appendix A.
Parties requesting findings of fact and conclusions of law shall submit concurrently with their request proposed findings of fact and conclusions of law.
Supporting documentation for default judgment in these claims must be verified by the plaintiff's affidavit or sworn testimony.
Court's wording
In all unliquidated damage claims in which the defendant has failed to appear or answer, the plaintiff shall have judgment in the same manner as provided in these local rules for the granting of a default judgment, regarding supporting documentation verified by affidavit or sworn testimony of the plaintiff.
When filing a trusteeship, the debtor must provide a payroll check stub or earnings statement, and payments will not be accepted without one.
Court's wording
Upon the filing of the trusteeship, the debtor is required to provide the Court with a payroll check stub or payroll statement of earnings. No payment will be accepted from a debtor without a payroll check stub or payroll statement of earnings.
A granted motion to transfer a Small Claims Court case must be accompanied by the appropriate judgment entry when submitted with the filing fee.
Court's wording
In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the motion to transfer, along with the appropriate judgment entry.
Defendants must appear for arraignment and no waiver of arraignment shall be allowed unless made by defendant or legal counsel in person or in writing prior to the arraignment date, or upon express oral approval of the Judge.
A written arraignment waiver must include a plea, a waiver of personal appearance, acknowledgment of advice about rights and possible penalties, and a waiver of applicable time requirements.
Court's wording
If a waiver of arraignment is made in writing it must be accompanied by a plea to the offense charged, a statement that the defendant waives his/her right to personally appear for the purposes of arraignment, a statement that defendant has been advised as to his/her rights and the possible penalties of any conviction for the offense charged accompanied by a waiver of any applicable time requirements.
A Municipal Court appeal from a BMV suspension must include the suspension notice, petitioner's date of birth, last four Social Security digits, and driver's license number.
Court's wording
All appeals filed in the Municipal Court from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: 1.) Copy of BMV suspension notice 3.} Last four (4) digits of Petitioner's Social Security Number 2.) Petitioner's date of birth 4.) Driver's License Number
Income and employment verification shall be required to be provided every six (6) months.
An eligible defendant may use the waiver procedure instead of appearing in court, provided the defendant acts within the time specified in the citation and signs a waiver of trial and pleads guilty in writing.
Court's wording
A person charged with a minor misdemeanor offense or such other misdemeanor offense as from time to time may be specifically included in this procedure by administrative order of the Court, may, in lieu of appearance in court and within the time specified in the citation, appear personally at the Clerk's office or by mail, sign a waiver of trial, plead guilty in writing, and pay the stated fine and costs established by administrative order of the Court.
THE COURT: citing officer shall verify defendant's correct address and telephone number on the citation.
A person charged with an eligible traffic violation, but not an organization, may use the waiver procedure instead of appearing in court by signing a waiver of appearance and pleading guilty in writing.
Court's wording
A person [but not an organization as defined in section 2901.01(d) of the Ohio Revised Code] charged with a traffic violation waiverable under OTR 13, or under administrative order of the Court, may in lieu of appearance in court, and within the time specified in the citation, appear personally at the Clerk's Office or by mail and sign a waiver of appearance, plead guilty in writing and pay the stated fine and costs as established by administrative order of the Court.
In other cases where a written jury demand was filed, a written waiver must be filed at least ten days before trial or before a plea or court trial begins.
Court's wording
A written waiver of jury demand is required in all other cases wherein a written jury demand has been filed. Said waiver must be filed at least ten (10) days prior to scheduled trial date, or prior to the entrance of any plea or commencement of any trial to the court.
Written motions and accompanying judgment entries must be filed within five (5) days after any oral requests for a new date.
In the specified alleged third-or-later impaired-driving violation cases within five years, the defendant must file a timely written waiver to waive the automatically scheduled jury trial.
Court's wording
A jury trial will be automatically scheduled in cases in which it is alleged that the defendant has violated a stature or ordinance prohibiting the operation of a vehicle while under the influence of alcohol or drugs of abuse and it is alleged to be a third or more such violation within the last five (5) years. The defendant must file a timely written waiver of this right to a trial by jury in these cases.
A continuance motion based on counsel’s trial in another court on the same date must include a copy of the other trial’s assignment notice.
Court's wording
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in another trial court, counsel shall attach a copy of said assignment notice to the motion for continuance.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
The written waiver of the jury trial must state whether the case is to be set for a plea hearing or a trial to the Court.
If an electronically produced ticket is issued, the issuing officer shall provide the defendant with a paper copy of the ticket.
The Clerk of Court, Criminal Division, shall process subpoenas from a praecipe or written instructions, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.
All requests for excuse, exemption or deferral must be made on the form provided (see Appendix C), and shall be accompanied by appropriate documentation.
No person who does not complete the jury excuse deferral or exemption form shall be excused from service.
If personal identifying information is redacted or omitted from a document, the information should be provided to the Court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information.
Any party filing a motion with the Court should present at the same time a proposed entry that the party wishes the Judge to sign.
Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.
A proposed judgment entry for the Court's review and approval should also be submitted with the motion.
Counsel for the party in whose favor an order of judgment entry is rendered shall prepare a journal entry, if requested to do so by the Court.
Rent escrow proceedings may be initiated pursuant to O.R.C. 5321.07 or 4781.4Z, by the filing of an application with the Court and depositing with the Clerk all rent money due to the tenant's landlord.
(A) If the defendant has failed to plead or otherwise defend (having entered no appearance), the Court may grant a default judgment immediately upon written or oral motion in a case involving a liquidated claim, accompanied by an appropriate judgment entry.
A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.
The following form must be completed and returned prior to the date you have been JURY EXCUSAL FORM summoned to report for jury service if you are requesting to be excused/deferred.
An appropriate judgment entry should also be submitted to the Court for its approval.
Filing & Service rules
Electronic Filing Rules
Fax filings may be transmitted only directly through the Clerk's facsimile equipment, not by any other means.
FAX filings may NOT be submitted to the Court by any other means but may only be transmitted directly through the facsimile equipment operated by the Clerk of Court.
Page 8 | Rule 1.15 Fax Filing, Time of Filing
Documents may be filed with the Clerk by facsimile at (419) 782-2018, subject to the stated conditions.
As provided for under Civil Rule 5(E}, Civil Rule 73(J), Criminal Rule 12 (B) and App R 13(A), the Court will RULE 1.15 FAX FILING: allow documents to be filed through the Clerk of Court by facsimile transmission to (419) 782-2018 subject to the following conditions:
Page 7 | Rule 1.15 Fax Filing
Fax filing is permitted.
Fax filing is accepted
Court notice
Page 1 | Fax Filing
Filing Timing and Cure Windows
A party or counsel requesting a Court reporter must file the request in writing at least five days before trial.
(A) A Court reporter may be supplied upon the request of either party or his counsel, provided such request is filed in writing at least five (5) days prior to the trial.
Page 5 | RULE 1.09 RECORDING OF PROCEEDINGS
An accepted fax filing is considered filed when the Clerk time-stamps it, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by FAX and accepted by the Clerk shall be considered filed with the Court as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the FAX transmission.
Page 8 | Rule 1.15 Fax Filing, Time of Filing
Unless the Court orders otherwise, a missing exhibit must be filed as a separate document within five Court days after the fax filing.
Unless the Court otherwise orders, the missing exhibit shall be filed with the Court as a separate document, not later than five (S) Court days following the filing of the facsimile document.
Page 8 | Rule 1.15 Fax Filing, Exhibits
If a fax filing lacks the required cover-page information, the Clerk may place it in the failed-fax file with a notation that it is not considered filed and why.
If a document is submitted by FAX to the Court without the cover page information listed above, the Clerk may deposit the document in a file of "failed faxed documents" with a notation of the reason the document shall not be considered filed with the Court.
Page 8 | Rule 1.15 Fax Filing, Cover Page
If a case not set for trial has had no activity for six months, the Clerk must notify the filing party that it will be dismissed within ten days unless good cause is shown.
(3) If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the filing party that the matter will be dismissed within ten (10) days unless good cause is shown to the contrary.
Page 10 | RULE 2.01 CASE MANAGEMENT IN CIVIL CASES
If a settlement entry is not received within thirty days after a file is marked “settlement to come,” the Clerk must notify the party that the case will be dismissed unless the entry is received within ten days.
(4) When a file has been marked "settlement to come" and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that their case will be dismissed unless the entry is received within ten (10) days.
Page 10 | RULE 2.01 CASE MANAGEMENT IN CIVIL CASES
The journal entry must be submitted to opposing counsel within 10 days of the decision.
That entry shall be submitted to opposing counsel within ten (10) days of the decision.
Page 11 | Judgment entries
Opposing counsel must approve or reject the journal entry within 10 days after receiving it.
Opposing counsel shall approve or reject the entry within ten (10) days of receipt.
Page 11 | Judgment entries
The journal entry must be submitted to the Judge for approval and signature within 30 days of the decision.
Within thirty (30) days of the decision, the journal entry shall be submitted to the Judge for approval and signature.
Page 11 | Judgment entries
The defendant must file the counterclaim with the Clerk before the trial date to initiate the consolidated-trial procedure.
To initiate this procedure, defendant must first serve a counter-claim upon plaintiff and file same with the Clerk of Court before the trial date
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
The rent-escrow hearing must be held within 14 days after the application is filed.
A hearing shall be held within fourteen (14) days from the date of filing.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
Either party may demand a jury trial, but the demand must be filed no later than 3 days before trial.
Either party may demand a trial by jury in accordance with Section 1923.10 of the Ohio Revised Code. Said jury demand must be filed no later than three (3) days prior to the date set for trial.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
After the possession issue is decided in a FED case with a money-damages claim, the case will be continued for the defendant to answer within 28 days after service of the complaint.
When a second cause of action in a FED has been filed alleging money damages, after the issue of possession of the premises has been determined, the case will be continued for defendant to answer within 28 days of service of the complaint.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
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 after notice to the Court of settlement or the case may 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 after notice to the Court of settlement or the case may be dismissed for want of prosecution.
Page 12 | Judgment entries
When the defendant has appeared, a hearing on the default-judgment application must be set and the defendant or representative must receive at least 14 days' notice.
(E) If the defendant has entered an appearance in the action, in accordance with Civil Rule 55(A}, a hearing shall be set on the application for the default judgment with defendant or defendant's representative being given at least fourteen (14) day notice before the hearing date.
Page 13 | RULE 2.03 DEFAULT JUDGMENTS
A hearing on a motion to revive judgment must be scheduled, with notice given at least 14 days before the hearing.
A hearing shall be scheduled and notice given at least fourteen (14) days prior to the scheduled hearing date.
Page 14 | RULE 2.06 REVIVOR OF JUDGMENT
Reply briefs must be filed with the Clerk at least 10 days before trial, with copies certified to opposing counsel or unrepresented parties.
Reply briefs shall be filed with the Clerk of Court at least ten (10) days before the date of trial with copies certified to all opposing counsel or unrepresented parties.
Page 14 | RULE 2.07 JURY TRIALS
Plaintiff's counsel must file a trial brief with the Clerk at least 20 days before trial in a civil jury case.
(C) In any civil jury case, counsel for the plaintiff shall file a trial brief with the Clerk at least twenty (20] days before the date of trial.
Page 14 | RULE 2.07 JURY TRIALS
The jury demand and deposit must be filed at least 14 days before the scheduled trial date.
(A) In a civil case, other than forcible entry and detainer actions, either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit with the Clerk of Court. Said jury demand and deposit must be filed fourteen (14) days prior to the date scheduled for trial.
Page 14 | RULE 2.07 JURY TRIALS
The party demanding a jury must pay the jury deposit within 14 days after receiving the trial date.
The party demanding a jury shall be required to pay the jury deposit within fourteen (14) days after receipt of trial date
Page 14 | RULE 2.07 JURY TRIALS
Praecipes or written instructions for subpoena requests must be filed at least five business days before trial, unless the Court allows otherwise.
The Clerk of Court, shall process requests for subpoenas from a praecipe or written instruction, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.
Page 15
During a mediation stay, the Clerk may accept only the listed documents or documents expressly permitted by the rules or Court Order.
The Clerk of Court shall not accept for filing any documents while a case is in mediation, unless expressly permitted by these rules or by Court Order. Only the following documents may be filed while a mediation stay is in effect: 1. Motion to lift the mediation stay; 2. Response to a motion to lift mediation stay; 3. Motion or stipulation to dismiss the case; and 4. Notice related to counsel.
Page 18 | Stay of Proceedings
After the Judge orally approves a waiver of personal appearance, the written waiver, plea, and time waiver must be filed within five days or the defendant will be summoned for arraignment.
If a waiver to personally appear for arraignment has been orally approved by the Judge, a written waiver, containing the information specified in the preceding paragraph, together with a plea to the charge and a time waiver must be filed within five (5) days or defendant will be summoned to appear for arraignment.
Page 20 | RULE 3.01 APPEARANCE OF DEFENDANTS IN CRIMINAL CASES
An eligible defendant who chooses the waiver procedure must act within the time specified in the citation.
A person charged with a minor misdemeanor offense or such other misdemeanor offense as from time to time may be specifically included in this procedure by administrative order of the Court, may, in lieu of appearance in court and within the time specified in the citation, appear personally at the Clerk's office or by mail, sign a waiver of trial, plead guilty in writing, and pay the stated fine and costs established by administrative order of the Court.
Page 21 | Rule 3.04 Minor Misdemeanor Appearance and Waiver Procedure
The affidavit for each issued traffic citation must be filed within 48 hours of the offense.
In all issued traffic citations, the affidavit shall be filed within forty-eight (48) hours of the offense.
Page 22 | Rule 3.06 Documents Filed with the Court
A person using the traffic waiver procedure must act within the time specified in the citation.
A person [but not an organization as defined in section 2901.01(d) of the Ohio Revised Code] charged with a traffic violation waiverable under OTR 13, or under administrative order of the Court, may in lieu of appearance in court, and within the time specified in the citation, appear personally at the Clerk's Office or by mail and sign a waiver of appearance, plead guilty in writing and pay the stated fine and costs as established by administrative order of the Court.
Page 22 | Rule 3.05 Traffic Violations Bureau
Written motions and accompanying judgment entries must be filed within five days after an oral request for a new date.
Written motions and accompanying judgment entries must be filed within five (5) days after any oral requests for a new date.
Page 23 | CONTINUANCES
Motions must be filed within the deadlines established by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 23 | MOTIONS
In other cases where a written jury demand was filed, the written waiver must be filed at least ten days before trial or before a plea or court trial begins.
A written waiver of jury demand is required in all other cases wherein a written jury demand has been filed. Said waiver must be filed at least ten (10) days prior to scheduled trial date, or prior to the entrance of any plea or commencement of any trial to the court.
Page 23 | JURY TRIALS
A praecipe or written instructions for subpoenas must be filed at least five business days before trial, unless the Court allows otherwise.
The Clerk of Court, Criminal Division, shall process subpoenas from a praecipe or written instructions, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.
Page 24 | RULE 3.09 WITNESSES AND SUBPOENAS
Fax transmissions may be sent at any time, but those received outside the Clerk's normal business hours will be stamped in receipt order on the next business day.
Facsimile transmissions may be sent at any time, however, any documents received by the court outside of normal business hours of the office of the Clerk of Court will be file stamped in the order of their receipt the next business day.
Page 8 | Rule 1.15 Fax Filing, Time of Filing
Pretrials will generally be set within 30 days after all responsive pleadings have been filed.
Pretrials will generally be set within thirty (30) days after all responsive pleading (i.e. answers, counter- claims, cross claims, Rule 12 motions, etc.) have been filed.
Page 11 | Pretrials
If the journal entry is not submitted within the stated time, the Court may prepare it.
If a journal entry is not submitted within the time period stated the Court may prepare the journal entry.
Page 11 | Judgment entries
The trial date will be set as close as possible to 14 days after filing.
The trial date will be set as close to fourteen (14) days from the date of filing as possible.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
A jury demand must be withdrawn at least 14 days before the scheduled trial to avoid the charge for calling off the jury.
unless a jury demand is withdrawn by a party at least fourteen (14) days in advance of the scheduled trial.
Page 14 | RULE 2.07 JURY TRIALS
The Court may stay all filing deadlines for up to 60 days after referring a case to mediation.
Upon referral of a case to mediation, the Court may elect to stay all filing deadlines for up to 60 days.
Page 18 | Stay of Proceedings
The jury excusal form must be returned before the date the person is summoned to report for jury service.
The following form must be completed and returned prior to the date you have been JURY EXCUSAL FORM summoned to report for jury service if you are requesting to be excused/deferred.
Page 39 | Appendix C
At pretrial, the Court determines whether trial briefs should be submitted and, if so, sets their filing date.
At the pretrial the Court shall, if applicable, determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.
Page 11 | Pretrials
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 12 | Judgment entries
Service and Proof of Service Rules
The Clerk will not accept these filings unless sufficient copies for service on the other parties are provided.
No written complaint, motion, brief, memorandum of law or proposed journal entry shall be accepted by the Clerk for filing unless the same is filed with sufficient copies for service upon any other parties.
Page 6 | RULE 1.11 FILING REQUIREMENTS
Notices and communications for the Court and documents requiring service must be sent to the designated trial attorney.
All notices and communications for the Court and all documents required to be served will be sent to such designated trial attorney.
Page 6 | RULE 1,12 APPEARANCE AND WITHDRAWAL OF COUNSEL
(1) Issue summons in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall immediately notify counsel. If counsel fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the Clerk shall notify counsel that the case will be dismissed, without prejudice, in ten (10) days unless good cause is shown to the contrary.
(1) Issue summons in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall immediately notify counsel. If counsel fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the Clerk shall notify counsel that the case will be dismissed, without prejudice, in ten (10) days unless good cause is shown to the contrary.
Page 10 | RULE 2.01 CASE MANAGEMENT IN CIVIL CASES
The assignment commissioner must give parties or counsel notice of a pretrial conference by mail and/or telephone at least 14 days beforehand.
Notice of pretrial conferences shall be given to all parties or counsel of record by mail and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 11 | Pretrials
The summons must be served at least 5 days before the trial date.
The service of summons shall be at least five (5) days before the trial date.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
The bailiff must serve the landlord by personal or residence service under Ohio Civil Rule 4.1(2) or (3).
The bailiff shall serve the landlord by personal or residence service in accordance with Rule 4.1 (2) or (3), Ohio Rules of Civil Procedure.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
To initiate a consolidated trial in a qualifying FED case, the defendant must serve the counterclaim on the plaintiff and file it with the Clerk before trial.
To initiate this procedure, defendant must first serve a counter-claim upon plaintiff and file same with the Clerk of Court before the trial date
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
A motion to revive judgment must be served on the other party.
Motions to revive judgment must be filed in writing and served upon the other party.
Page 14 | RULE 2.06 REVIVOR OF JUDGMENT
Copies of the plaintiff's trial brief must be certified to opposing counsel or unrepresented opposing parties.
Copies of the triai brief shail be certified to all opposing counsel or parties unrepresented by counsel.
Page 14 | RULE 2.07 JURY TRIALS
Copies of reply briefs must be certified to opposing counsel or unrepresented parties.
Reply briefs shall be filed with the Clerk of Court at least ten (10) days before the date of trial with copies certified to all opposing counsel or unrepresented parties.
Page 14 | RULE 2.07 JURY TRIALS
Subpoenas must be served as provided in Ohio Civil Rule 45(B).
Subpoenas shall be served as provided in Rule 45(B) of the Ohio Rules of Civil Procedure.
Page 15
Subpoenas to law enforcement members must be delivered by the Clerk's office to the agency's command officer, who must make service and return.
Service of subpoenas to members of law enforcement agencies shall be by delivery from the Clerk's office to the command officer of the law enforcement agency. The command officer shall make service and return in an appropriate manner.
Page 15
Service must comply with the applicable Rules of Criminal Procedure and Traffic Rules.
(B) Service shall be made in accordance with the applicable Rules of Criminal Procedure and Traffic Rules.
Page 21 | Criminal and Traffic Cases
Subpoenas must be served as provided by Rule 17(D) of the Ohio Rules of Criminal Procedure.
Subpoenas shall be served as provided in Rule 17 (D) of the Ohio Rules of Criminal Procedure.
Page 24 | RULE 3.09 WITNESSES AND SUBPOENAS
The Sheriff must mail jurors notice of their report date and time approximately one week to ten days before trial.
Instead, the Sheriff shall notify each juror of the specific date and time he or she shall be required to report to the Court for such service, by post card mailed, through regular mail, approximately one week to ten days in advance of the specific trial to which he or she has been summoned for service.
Page 33 | Term of Service
The return of summons must be made as soon as practicable after the complaint is filed.
Return of summons shall be made as soon as practicable after filing of the complaint.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
Delivered by ordinary mail.
Delivered by ordinary mail.
Page 33 | Summoning of Prospective Jurors
Filing Fees and Waivers
A fax filing that requires a fee or deposit will not be accepted until it is paid or payment arrangements are made.
Documents in which a fee or deposit is required will not be accepted for filing by facsimile transmission until the fee or deposit has been paid or arrangements have been made to pay the fee or deposit.
Page 7 | Rule 1.15 Fax Filing, Applicability
Civil Court costs must be paid to the Clerk when filing; costs on the listed original filings are non-refundable filing fees, with fees set out in Appendix A.
Civil Court costs shall be paid at the time of filing to the Clerk of Court. Costs paid on all original filings; i.e. complaints, counter-claims, forcible entry and detainer actions, replevins, trusteeships, small claims complaints, third party complaints, are to be considered as a non-refundable filing fee. All fees are set forth in Appendix A.
Page 8 | Rule 1.16 Court Costs and Security Deposits, Generally
If extraordinary costs are expected, the Clerk must estimate them and require an additional deposit commensurate with those costs.
(B) If at any time the Clerk determines, because of circumstances indicating extraordinary costs in any case, a deposit for costs in excess of the amounts specified herein should be made, the Clerk shall estimate such probable extraordinary costs and require an additional deposit commensurate therewith.
Page 9
A special projects fee is assessed in addition to other court costs when each criminal cause, civil action or proceeding, or judgment by confession is filed; the fee schedule is in Appendix A.
It being determined that, for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court; effective January 1, 2004, pursuant to Ohio Revised Code Section 1901.26 (B)(1), there is hereby established a special projects fund and a fee shall be assessed in addition to all other court costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession. See appendix A for schedule of fees.
Page 9 | RULE 1.17 SPECIAL PROJECTS FUND
When enforcing a writ or order requires handling or custody of seized property, the Clerk must require an additional deposit for estimated costs, and the requesting party may also be required to provide labor at its expense.
(A) In all cases in which it shall be necessary to seize, move, remove, store or to provide a custodian for any goods for property seized under any writ or order issued by the Court, the Clerk shall require an additional deposit in such amount as is deemed necessary to cover all estimated costs and expenses to implement such writ or order. In addition, the party requesting such writ or order may be required to supply such labor at his expense, as the Clerk or bailiff deems necessary to enforce such writ or order.
Page 9
In civil cases other than forcible entry and detainer actions, a party may demand a jury by first depositing security with the Clerk, and the demand and deposit must be filed at least 14 days before trial; failure to advance the security waives a jury trial.
(A) In a civil case, other than forcible entry and detainer actions, either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit with the Clerk of Court. Said jury demand and deposit must be filed fourteen (14) days prior to the date scheduled for trial. The failure of a party in a civil action to advance the security for jury costs as provided herein shall constitute a waiver of trial by jury.
Page 14 | RULE 2.07 JURY TRIALS
All accrued case costs must be paid when a motion to revive a judgment is filed.
All costs accrued in a case must be paid upon the filing of a motion to revive a judgment.
Page 14 | RULE 2.06 REVIVOR OF JUDGMENT
The party demanding a jury must pay the jury deposit within 14 days after receiving the trial date and is charged for calling off the jury unless the demand is withdrawn at least 14 days before trial.
(F) The costs of a jury trial shall include the costs for jurors. The party demanding a jury shall be required to pay the jury deposit within fourteen (14) days after receipt of trial date and shall be charged for calling off the jury, regardless of the service of the jurors on a case, unless a jury demand is withdrawn by a party at least fourteen (14) days in advance of the scheduled trial.
Page 14 | RULE 2.07 JURY TRIALS
Costs must be paid before filing an order or entry of satisfaction unless the Court excuses payment for good cause.
Payment of costs, unless otherwise excused by the Court for good cause shown, shall be required prior to any filing of an order or entry of satisfaction.
Page 14 | RULE 2.05 SATISFACTION OF JUDGMENT
A warrant request requires the appropriate fee under Appendix A, and the requester will be billed for service fees exceeding the processing fee.
Any warrant requested in a Civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth and must include the appropriate fee per the cost schedule in Appendix A. Should the service fees exceed the processing fee, the party requesting the warrant will be billed for those amounts.
Page 15 | RULE 2.09 WARRANT REQUESTS
The Court may not order mediation for an indigent party unless it is available to that party at no cost.
Mediation shall not be ordered if a party is indigent, unless the mediation is available at no cost to the party.
Page 18 | Fees and Costs
If a transfer motion is granted, the moving party must pay the appropriate filing fee to the Clerk with the motion; failure to pay results in denial.
In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the motion to transfer, along with the appropriate judgment entry. Failure to pay the fee will cause the motion to transfer to be denied.
Page 19 | RULE 2.13 SMALL CLAIMS
A $3 charge applies for each creditor added to a trusteeship account.
A charge of $3.00 per creditor will be assessed for each creditor added to the trusteeship account.
Page 20 | RULE 2.14 MUNICIPAL COURT TRUSTEESHIPS
Calling off a jury after jurors have been summoned costs $70 plus a $30 juror fee for each juror the Clerk cannot reach before trial.
The assessment for calling off the jury after jurors have been summoned is $70.00 plus the $30.00 juror fee for each respective juror whom the Clerk is unable to reach prior to the scheduled time of trial.
Page 24 | JURY TRIALS
Each probationer must pay the monthly fee listed in Appendix A immediately upon signing for probation and each month thereafter.
Each probationer shall be assessed a monthly fee as set forth in Appendix A, payable immediately upon signing for probation and each month thereafter.
Page 24 | RULE 3.10 PROBATION FEES AND COSTS
Copies of court papers are furnished to parties, attorneys, or the public upon payment of applicable fees.
Copies of all papers shall be furnished to said attorney or party upon payment of applicable fees. Copies to the general public, upon proper request, shall be furnished upon payment of any applicable fees.
Page 4 | Rule 1.04 Clerk of Court
Fines, costs, and restitution may be paid by cash, credit or debit card, money order, or personal or certified check.
Payment of fines/costs/restitution will be accepted in the form of cash, credit/debit card, money order, personal or certified check.
Page 7 | Rule 1.13 Method of Payments and Payments with Coins
The Clerk may accept online payments in the Criminal/Traffic Division for offenses and minor misdemeanors that do not require a court appearance, but not for posting bail.
The Clerk of Court is authorized to accept on-line payments in the Criminal/Traffic Division for any offense or minor misdemeanor in which appearance in Court is not mandatory (This provision does not apply to posting of bail).
Page 7 | Rule 1.13 Method of Payments and Payments with Coins
Overpayments of $10.00 or less will be retained by the Court and remitted to the City's Finance Director at the end of the month received.
Any overpayment received by the Defiance Municipal Court in the amount of ten dollars ($10.00) or less RULE 1.14 OVERPAYMENTS: will be retained by the Defiance Municipal Court and remitted to the Finance Director of the City of Defiance at the end of the month in which it was received in.
Page 7 | Rule 1.14 Overpayments
The Court will not accept a coin payment exceeding $5.00.
The Court will not accept payment in coin exceeding $5.00.
Page 7 | Rule 1.13 Method of Payments and Payments with Coins
Other fees and costs not otherwise specified are the same as Ohio Revised Code charges for similar Common Pleas Court services.
(D) MISCELLANEOUS COSTS AND CHARGES: All other fees and costs to be taxed in any action or proceeding in this Court not specifically provided for by law pertaining to Municipal Courts or by administrative order or rule of this Court shall be the same as those set out in the Ohio Revised Code for similar services in Courts of Common Pleas.
Page 9 | MISCELLANEOUS COSTS AND CHARGES
Upon a motion or request and a showing that probable costs may exceed the deposit, the Court may require a further deposit before additional proceedings.
(C) Upon motion by any party or upon request of the Clerk or bailiff, and upon a showing that the probable costs may exceed the deposit, the Court may order a further deposit to be made before additional proceedings are held.
Page 9
The Court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally.
The Court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally.
Page 18 | Fees and Costs
A fee is assessed for a continuance; the fee amount is listed in Appendix A.
There will be a fee assessed for a continuance (see appendix A).
Page 23 | CONTINUANCES
An additional Court cost is assessed in every case in which probation is ordered.
Effective February 1, 1998 there shall be assessed an additional Court cost on all cases in which probation is ordered for the individual involved.
Page 24 | RULE 3.10 PROBATION FEES AND COSTS
Each additional defendant on a small-claims amended complaint costs $7.
(i) Each additional defendant $ 7.00
Page 27 | Appendix A
Filing and docketing a certificate of judgment from another court costs $25.
12. Certificates of Judgment a. Filing and docket certificate from another Court $ 25.00
Page 27 | Appendix A
Each additional defendant in a small-claims original complaint costs $7.
b. Each additional defendant $ 7.00
Page 27 | Appendix A
The schedule states a replevin complaint fee as a percentage but the quoted text does not identify its base.
6. Complaint for replevin $1% of
Page 27 | Appendix A
Filing a small-claims cross-claim or counterclaim costs $64.
d. Filing of cross-claim or counter claim $ 64.00
Page 27 | Appendix A
Each additional defendant on the cognovit complaint costs $7.
a. Each additional defendant $ 7.00
Page 27 | Appendix A
An application for court trusteeship costs $20, and adding each creditor costs $3.
9. Application for court trusteeship a. Adding creditor to trusteeship (per creditor added) $ 3.00 $ 20.00
Page 27 | Appendix A
$ 85.00 2. Complaint for money, cognovit action
$ 85.00 2. Complaint for money, cognovit action
Page 27 | Appendix A
Each additional defendant on the listed complaint costs $7.
a. Each additional defendant $ 7.00
Page 27 | Appendix A
Each additional defendant in the listed forcible-entry or eviction action costs $7.
c. Additional defendant's (per additional defendant] $ 7.00
Page 27 | Appendix A
Each additional defendant on an amended complaint costs $7.
a. Each additional defendant $ 7.00 4. Small Claims Division
Page 27 | Appendix A
A small-claims original complaint for money only has a $64 filing fee.
a. Original complaint for money only $ 64.00
Page 27 | Appendix A
Issuance of a certificate of judgment from this court costs $5.
b. Issuance from this Court $ 5.00
Page 27 | Appendix A
A complaint for money only, excluding cognovit complaints, has an $85 filing fee.
1. Complaint for money only, including third party complaints, cross-claims and counter-claims involving new parties, but $ 85.00 excluding cognovit complaints
Page 27 | Appendix A
An amended complaint has an $8.50 filing fee.
$ 8.50 3. Amended complaints
Page 27 | Appendix A
A petition or motion to revive a judgment costs $10.
10. Petition/motion to revive judgment $ 10.00
Page 27 | Appendix A
The listed eviction-cause fee is $105, with the schedule also identifying an eviction cause with a second cause for rent or damages.
b. Eviction cause with second cause for rent and/or damages a. Eviction cause only $105.00
Page 27 | Appendix A
A forcible-entry-and-detainer action has a $95 filing fee.
5. Forcible entry and detainer actions $ 95.00
Page 27 | Appendix A
c. Release certificate of judgment
c. Release certificate of judgment
Page 27 | Appendix A
7. Landlord/Tenant (Filing fee is monthly rent] Rent deposited $ 81.00
7. Landlord/Tenant (Filing fee is monthly rent] Rent deposited $ 81.00
Page 27 | Appendix A
$ 8.50 c. Amended Complaint
$ 8.50 c. Amended Complaint
Page 27 | Appendix A
Transferring a case from the Small Claims docket to the Civil docket costs $15.
e. Transfer from Small Claims docket to Civil docket $ 15.00
Page 27 | Appendix A
Adding each creditor to a court trusteeship costs $3.
a. Adding creditor to trusteeship (per creditor added) $ 3.00
Page 27 | Appendix A
All other complaints and petitions have a $60 filing fee.
8. All other complaints/petitions $ 60.00
Page 27 | Appendix A
The basic court costs for a moving violation are $85.
19. Moving violations $ 85.00
Page 28 | CRIMINAL COURT COSTS
a. Certified mail
a. Certified mail
Page 28 | Appendix A
16. Jury deposit 17. Service of process $ 10.00
16. Jury deposit 17. Service of process $ 10.00
Page 28 | Appendix A
A small-claims financial statement costs $10.
e. Financial statement (small claims} $ 10.00
Page 28 | Appendix A
Service of process by U.S. ordinary mail with a certificate of mailing costs $5.
b. U.S. ordinary mail, certificate of mailing $ 5.00
Page 28 | Appendix A
A motion for early release costs $15.
b. Motion for early release $ 15.00
Page 28 | CRIMINAL COURT COSTS
Filing a wage garnishment costs $70.
i. Wage garnishment filing fee $ 70.00
Page 28 | Appendix A
The basic court costs in a criminal case are $75.
21. Criminal cases $ 75.00
Page 28 | CRIMINAL COURT COSTS
Execution of judgment or attachment of property costs $30.
c. Execution of judgment/attachments of property $ 30.00
Page 28 | Appendix A
An appraisal in an attachment or replevin case costs the actual cost.
18. Appraisal fee (attachment/replevin cases) $ actual cost
Page 28 | Appendix A
The basic court costs for a probation violation are $28.
22. Probation violations $ 28.00
Page 28 | CRIMINAL COURT COSTS
Residential or personal service by a bailiff costs $15.
c. Residential/personal service (bailiff) $ 15.00
Page 28 | Appendix A
Service by a sheriff or in a foreign county costs $15.
d. By sheriff or foreign county $ 15.00
Page 28 | Appendix A
f. Release garnishment
f. Release garnishment
Page 28 | Appendix A
Service of process by publication costs the actual cost.
e. Publication $ actual cost
Page 28 | Appendix A
A motion to modify a sentence costs $15.
a. Motion for modification of sentence $ 15.00
Page 28 | CRIMINAL COURT COSTS
Sealing & Redaction Procedures
Social security numbers and other personal identifying information should be redacted before filing; attorneys and parties bear sole responsibility for redaction, and the Clerk will not check for it.
To protect legitimate personal privacy interest, social security numbers and other personal identifying information should be redacted from documents before the documents are filed. The responsibility for redacting personal identifying information rests solely with the attorneys and parties who present documents to the Clerk for filing. The Clerk will not review documents to confirm that personal identifying information has been redacted.
Page 6 | RULE 1.11 FILING REQUIREMENTS
Pre-Motion Conference Requirements
Opposing counsel must file a written response with legal citations and arguments within fourteen days; motions are then submitted unless the Court extends the time, and oral hearings are not granted unless the Court deems one necessary.
Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless the time is extended by the Court. There will be no oral hearings granted on said motions unless the Court deems it necessary.
Page 10 | RULE 2.01 CASE MANAGEMENT IN CIVIL CASES
A summary judgment motion may not be filed after a case is set for pretrial or trial without leave of Court.
No motion for summary judgment shall be filed in any case after it has been set for pretrial or trial without leave of Court as provided in Rule 56 of the Ohio Rules of Civil Procedure.
Page 10 | RULE 2.01 CASE MANAGEMENT IN CIVIL CASES
Adjournment & Extension Requirements
A party seeking to continue a trial, pretrial, or hearing must file a written motion stating the reason.
No party shall be granted a continuance of a trial, pretrial or hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 11 | Continuances
A continuance may not exceed 8 days unless good cause exists, and it must comply with O.R.C. Section 1923.08.
No continuances shall be granted longer than eight (8) days but for good cause and only in accordance with O.R.C. Section 1923.08.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, subject to the stated limits on pending motions and final pretrial timing.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the Judge or Magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 18 | K. Continuances
An arraignment may be continued for no more than one week without approval; a longer continuance requires the Judge’s approval.
An arraignment may be continued for no longer than one (1) week. Continuances of longer than one (1) week must be approved by the Judge.
Page 23 | CONTINUANCES
A case set at pretrial for a motion hearing, plea hearing, or trial may be continued only on a motion with a supporting memorandum, subject to the Court’s determination.
Any case set for a motion hearing or plea hearing or trial at the pretrial shall not be continued except upon motion with supporting memorandum, to be determined by the Court.
Page 23 | CONTINUANCES
The Trial Court has discretion to grant other continuance requests involving a scheduled trial, hearing, or pretrial.
The granting of any other request for continuance or a scheduled trial, hearing or pretrial is a matter within the discretion of the Trial Court.
Page 11 | 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 11 | Continuances
An application to continue a pretrial conference must be addressed to the Judge.
Any application for continuance of the conference shall be addressed to the Judge.
Page 11 | Pretrials
When counsel has conflicting trial assignments, the case set first has priority and must be tried on its assigned date.
The case which was set first for trial shall have priority and shall be tried on the date assigned.
Page 11 | Continuances
Attorneys must bring their calendars to pretrial conferences, and matters set for hearing or trial there cannot be continued without Court approval.
Attorneys must bring their calendars with them to all pretrial conferences; all matters set for hearing or trial at the pretrial will not be continued without approval of the Court.
Page 11 | Continuances
If the defendant complies with the consolidated-trial procedure, the case will be continued for no more than 3 weeks to resolve all issues.
If the defendant complies, the case shall be continued no more than three (3) weeks for resolution of all issues between the parties.
Page 12 | RULE 2.02 LANDLORD/TENANT ACTIONS
Continuance motions must be received in writing and should be filed at least five days before the hearing, unless the Court approves otherwise.
Once a hearing has been set, motions for continuance must be received in writing. Said motions should be filed at least five (5) days prior to the hearing unless otherwise approved by the Court.
Page 19 | RULE 2.13 SMALL CLAIMS
For scheduling priority, the case set first for trial takes priority; criminal cases take priority over civil cases, and felonies over misdemeanors.
The case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases will have priority over civil cases and felonies have priority over misdemeanors.
Page 23 | CONTINUANCES
Chambers Communication Rules
Telephonic pretrials and Zoom hearings in civil matters must be arranged with the Court before the scheduled date.
Telephonic pretrials and/or zoom hearings in civil matters must be arranged with the Court prior to the date scheduled.
Page 5 | RULE 1.08 COURT SESSIONS
Requests for permission to broadcast, record, photograph, or televise courtroom proceedings must be made in writing to the Judge as early as reasonably practicable and no later than 30 minutes before the session.
All requests for permission to broadcast, record, photograph or televise proceedings in the Courtroom shall be in writing to the Judge as far in advance as reasonably practicable but no later than one-half hour prior to the courtroom session.
Page 6 | RULE 1.10 MEDIA
Individuals with active trusteeship accounts must notify the Trustee clerk within five business days of a change in work status, job, or personal address.
Individuals with active trusteeship accounts must notify the Trustee clerk within five (5) business days of any change in work status, job or personal address.
Page 20 | RULE 2.14 MUNICIPAL COURT TRUSTEESHIPS
When a jury trial is demanded and scheduled, attorneys must notify the Court of a plea change or jury waiver at least fourteen days before trial to avoid jury costs.
In any case in which a jury trial is demanded and the trial date scheduled, the attorneys must notify the Court at least fourteen (14) days prior to the day scheduled for trial of any change in plea or waiver of the jury or jury costs will be assessed against the case.
Page 24 | JURY TRIALS
The Court will not notify the sender when a fax filing fails.
The Court will not send any form of notice to the sending party of a failed FAX filing-
Page 8 | Rule 1.15 Fax Filing, Cover Page
The Clerk is not required to acknowledge receipt of a fax transmission.
The Clerk of Court need not acknowledge receipt of a facsimile transmission.
Page 8 | Rule 1.15 Fax Filing, Time of Filing
Counsel must instruct witnesses to check in at the Clerk’s office upon arrival to verify attendance and qualify for witness fees.
(A) Counsel shall instruct witnesses to check in at the Clerk's office upon arrival in order to verify their attendance and in order to be entitled to any witness fees.
Page 24 | RULE 3.09 WITNESSES AND SUBPOENAS
Fax filers are urged to verify that the Clerk received the filing.
Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court.
Page 8 | Rule 1.15 Fax Filing, Time of Filing
Continuances of arraignments may be made by telephone.
Continuances of arraignments may be made by telephone.
Page 23 | CONTINUANCES
Counsel should confirm the plea hearing or court-trial date with the Court assignment commissioner.
Counsel for the respective parties should confirm the plea hearing date or trial to the Court date with the Court assignment commissioner.
Page 24 | JURY TRIALS