Eaton Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance requires a written motion showing good cause, served on the opposing side, with the requested date, reasons, contact and consent-or-objection information, and any prior trial-conflict scheduling date.
- Criminal pretrial and trial continuances must be to a date certain and comply with M.C. Rule 8(E).
- For speedy-trial purposes, defense counsel is deemed to have consented to a continuance obtained at counsel’s request or with counsel’s agreement.
- +2 more
Request must include
- Continuance requests made less than two business days before trial will not be considered unless circumstances are beyond the movant’s reasonable control.
- A request for continuances of a case set for trial should be directed to the Small Claims Division at least three (3) business days prior to the trial date. Requests for continuances shall be in writing, which must include (1) reasons for the request and (2) the date and time of the current assignment.
Communication
Document Format Requirements4 rules
All papers offered for filing with the Court shall be typewritten or printed on 8 ½ inch X 11inch paper. Original documents attached or offered as exhibits are exempt from the requirements of this rule. Only legible copies of the documents will be accepted.
- Paper size
- Letter
Cases scanned or imaged by the Court must be in PDF, TIF, or a format meeting Sup. R. 26 requirements.
Court's wording
All cases electronically scanned or imaged by the Court will be either in a “Portable Document Format” (PDF), “Tagged Image File Format” (TIF) or in a format that meets the requirements set down in Sup. R. 26 and will be retained accordingly.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
On application to the Court made before pre-trail or trial, the substitution of photographs or copies may be permitted.
Document Filing Requirements38 rules
Attorneys, not parties will designate their capacity as trial counsel on all pleadings in civil and criminal cases. This shall include their office address, zip code, and telephone number. A law firm should not be named as a trial attorney. However, substitution of counsel within the same law firm at hearings is authorized.
No such application will be considered unless a written motion and entry are presented stating the reasons for the application with a certificate of service on opposing counsel and/or party and time and date of trial, if set.
- Document
- Withdrawal application
Include
- •Certificate of service
Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.
All motions except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure. Motions will be supported by Memoranda of Law containing applicable statutory and case law citations.
To obtain an oral hearing, the motion must prominently include the specified hearing-request statement on its first page.
- Document
- Motion
- Placement
- First page
Court's wording
Unless the following statement appears prominently on the first page of the motion, no oral hearing will be allowed. “Counsel requests an oral hearing of approximately_______ minutes at which time_______ witnesses are expected to be called.
In MOTIONS TO SUPPRESS, the grounds must be stated with particularity and the items of evidence in question shall be specified.
A default-judgment motion must be written, state the complaint, service, proof-of-service, and answer dates or details, include the specified damages affidavit when needed, and be accompanied by an entry.
Court's wording
All motions for default judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service, and answer date. All motions for default judgment shall also have attached an affidavit containing a list of all damages supported by documentary or other evidence if not readily identified in the complaint. An entry shall accompany the motion.
The petition must specify the requested driving privileges, routes, exact locations, and departure times.
Court's wording
Included in the Petition must be a specific description of the limited driving privileges sought, and the routes to be traveled, detailing the exact location and departure times requested to be encompassed in the Court’s Order.
For petitions under the specified Ohio Revised Code sections, the caption must include the petitioner's identifying information or the clerk will not accept the petition for filing.
- Document
- Petition
- Placement
- Caption
Court's wording
The caption of a Petition filed pursuant to Sections 4507.16 (E), 4511.19(I)(1), or 4507.191 (I)(4), Ohio Revised Code shall, also include the first, middle, and last names and the address of the petitioner. Such caption shall also include the date of birth, the last four digits of the social security number, and the operator’s license number of the petitioner. The clerk shall not except for filing a petition the caption of which fails to contain every item of information required by this rule.
The petitioner must show proof of insurance and bring any documentation from BMV with regard to this matter.
The Court shall not grant limited driving privileges to a defendant whose operator’s license has been suspended unless a written petition with accompanying memorandum and/or affidavits is filed with the Court.
In addition, the Petitioner must demonstrate proof of financial responsibility.
5. Each counsel or pro se litigant shall present to the Court in writing an itemization of all special damages claimed.
4. Each counsel or pro se litigant shall bring to the pre-trial all exhibits, which are to be offered in evidence at the trial.
Counsel’s or pro se litigant’s best estimate of the time required to try the case shall be provided.
Each counsel or self-represented litigant must submit a written pretrial statement identifying expected witnesses and addressing a view, any jury-trial waiver, and separate trials on liability and damages.
Court's wording
6. Each counsel or pro se litigant shall present to the Court in writing a statement indicating the names of all witnesses, both expert, and non- expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial, if previously demanded, will now be waived, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability to be found.
3. Each counsel or pro se litigant shall present to the Court in writing a statement of the issues involved in the case.
8. The text of, and citations of authority for, instructions requested by counsel or pro se litigant pursuant to Rule 51, Ohio Rules of Civil Procedure shall be provided to the Court at least 14 days before trial.
The petitioner must show proof of insurance, bring documentation from BMV with regard to this matter, and provide proof that all reinstatement fees have been paid in conjunction with this matter.
1. The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party must be present and proffer in writing a statement indicating the status of settlement negotiations.
The written pretrial statement shall be filed at or before the pretrial hearing, containing all of the above-required information.
Trial by jury will be waived unless requested in writing and the jury deposit is paid at least 30 days before trial.
Trial Briefs. Trial briefs shall be required on all civil jury cases, within three (3) days of trial where there is a substantial conflict of views as to specific questions of law, and may be required from case to case as ordered by the Magistrate.
To transfer a counterclaim exceeding $6,000 to the civil division, the defendant must deposit the filing fee with a motion, affidavit, and entry.
Court's wording
The transfer to the civil division is accomplished if the amount of the counterclaim exceeds $6,000.00 and the defendant deposits the filing fee with a motion, affidavit, and entry. (Such amounts as amended from time to time by the (ORC) (effective 3-1-02)
A complaint is filed by the plaintiff and a counterclaim by the defendant along with an information sheet.
The plaintiff or counterclaimant must bring with him/her the original and at least three (3) copies of documents supporting his/her claim and the plaintiff must have the current address of the defendant.
A fax or email filer need not submit the source document to the Clerk, but must retain the source document and cover sheet, make them available to the Court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.
Court's wording
The person filing a document by fax or email is not required to file any source document with the Clerk. The person filing the document shall maintain in his or her records and have available for production on request by the Court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, and the source copy of the facsimile or email cover sheet used for the subject filing. 21.02.02 The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.
Fax or email filings must include a cover page with the listed case, document, transmission, filer, and applicable cost information.
- Document
- Fax or email filing
Must include
- •Caption
- •Judge name
- •Page count
- •Case number
Court's wording
21.04.01 The person filing a document by fax or email shall also include a cover page containing all of the following information: (A) name of the court; (B) title of the case; (C) case number; (D) name of the judge to whom the case is assigned, if any: (E) title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); (F) date of transmission; (G) transmitting fax number or email address; (H) indication of the number of pages included in the transmission, including the cover page; (I) if a judge, magistrate or case number has not been assigned, state the fact on the cover page; (J) name, address, telephone, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; (K) if applicable, a statement explaining how costs are being submitted.
21.05.01 A party who wishes to file a signed source document by fax or email shall do either of the following: (A) fax or email a copy of the signed source document; (B) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document. (C) email the document reflecting an electronic signature
21.06.01 Each exhibit to a facsimile-produced document that cannot be accurately transmitted via facsimile transmission for any reason shall be replaced by an insert page describing the exhibit and why it is missing.
21.06.02 Any exhibit filed pursuant to Section 22.06.01 shall include a cover sheet containing the caption of the case that sets forth the name of the court, title of the case, the case number, name of the judge or magistrate, and the title of the exhibit being, filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss). The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
- Document
- Exhibit
Must include
- •Caption
- •Judge name
- •Case number
redactions, each redaction must be accompanied by a supporting explanation, including legal authority.
(Copies of significant decisions shall be attached to the original filing only).
All motions, where an oral hearing is not required, should be accompanied by an entry.
All motions for summary judgment filed pursuant to Ohio Civil Rule 56 shall be heard on written memorandum only unless otherwise ordered by the Court on a date filed by the Court.
The plaintiff may not appear only if an affidavit is filed.
At the close of the pre-trial, counsel shall agree upon a trial date with the Court, which shall then provide written notice of said date to the parties at that time upon the Memorandum of Pre-Trial form.
21.05.02 A party who files a signed document by fax or email represents that the physically signed source document is in his or her possession or control.
Filing & Service rules
Electronic Filing Rules
A document filed by fax or email is accepted as the effective original filing.
A document filed by fax or email shall be accepted as the effective original filing.
Page 12 | 21.02.01 Original Filing
Pleadings may be filed with the Clerk by fax or with the Court by E-file.
Pleadings may be filed with the Clerk by facsimile transmission to 937-456-4685 as provided in this rule. Pleadings may also be filed with the Court by E-file.
Page 12 | Rule 21.00 Facsimile filing
Email filings must be submitted through the Court’s E-filing option; filings sent to any other Court email are correspondence and will not be accepted as pleadings.
However, all filing by email MUST be received via the Court’s E-filing option. Any filings received through any other email associated with the Court shall be considered correspondence only and therefore NOT accepted as a pleading.
Page 12 | 21.02.01 Original Filing
Fax and email filings may be transmitted only through facsimile equipment operated by the Clerk.
21.07.02 Fax and email filings may be transmitted only through the facsimile equipment operated by the Clerk.
Page 14 | TIME OF FILING
Filings may not be submitted to the Court at its correspondence email address.
21.09.01 The Court will accept correspondence at info@eatonmunicipalcourt.com, however, the Court will NOT accept filings at this address.
Page 15 | CORRESPONDENCE
The Clerk of Court must submit required reports electronically through the Ohio Supreme Court website.
The Clerk of Court shall submit in electronic format via the Ohio Supreme Court website reports as required by Supreme Court Sup. R 37.01 through 37.03.
Page 18 | Rule 25.00 Electronic Submission of Reports to the Supreme Court of Ohio
Rule 21 applies to civil, criminal, and small claims proceedings in the Eaton Municipal Court.
21.01.01 This rule applies to civil, criminal, and small claims, proceedings in the Eaton Municipal Court.
Page 12 | 21.01.01 Applicability
The Court permits the use and filing of tickets produced by computer or other electronic means.
The use and filing of a ticket that is produced by computer or other electronic means are hereby authorized in the Eaton Municipal Court.
Page 18 | Rule 24.00 Electronic Produced Tickets
Filing Timing and Cure Windows
Written responses are due no later than the seventh day after service, or, when an oral hearing is requested, three days before the hearing.
Parties wishing to respond in writing to such motions shall do so not later than the seventh (7th) day following the service of the motion or three (3) days prior to the oral hearing date if an oral hearing has been requested.
Page 3 | MOTIONS PRACTICE
Counsel who demanded a jury trial must notify the Clerk of Court by written notice at least ten days before trial if the jury trial is to be waived.
If jury trial in either civil or criminal trials is to be waived, it is the responsibility of the counsel who demanded the jury trial to notify the Clerk of Court by written Notice to the Court at least ten (10) days prior to the trial date.
Page 3 | JURY TRIAL
The adverse party must file and serve opposing affidavits and a memorandum before the scheduled non-oral hearing date.
The adverse party shall file and serve opposing affidavits and memorandum prior to the day set for non-oral hearing.
Page 4 | Rule 10.00 Summary Judgment
The written pretrial statement must be filed at or before the pretrial hearing.
The written pretrial statement shall be filed at or before the pretrial hearing, containing all of the above-required information.
Page 9 | Trial Briefs
Where required, trial briefs are due within three days of trial when there is a substantial conflict about specific legal questions; the Magistrate may also require them case by case.
Trial Briefs. Trial briefs shall be required on all civil jury cases, within three (3) days of trial where there is a substantial conflict of views as to specific questions of law, and may be required from case to case as ordered by the Magistrate.
Page 9 | Trial Briefs
The written jury request and payment of the jury deposit must occur at least 30 days before trial to avoid waiver of a jury trial.
Trial by jury will be waived unless requested in writing and the jury deposit is paid at least 30 days before trial.
Page 9 | Rule 16.00 Forcible Entry and Detainer Actions
A pending case in which service is not obtained within six months must be dismissed by the Court on its own initiative without prejudice.
Any pending case wherein service is not obtained within six months shall be dismissed by the Court sua sponte without prejudice.
Page 11 | (F) Failure of Service on Defendants
If a fax or email filing lacks the required cover-page information, the clerk may file it or place it in the failed-filings file, in which case it is not considered filed.
21.04.02 (A) If a document is sent by fax or email to the clerk without the cover page information listed above, the clerk may do either of the following: (1) enter the document in the case docket and file the document; (2) deposit the document in a file of failed faxed or emailed documents with a notation of the reason for the failure. (B) If the Clerk acts pursuant to division (A)(2) of this section, the document shall not be considered filed with the Clerk.
Page 13 | COVER PAGE
Accepted fax or email documents are filed as of the transmission date and time, with receipt timestamps determining filing time; the Clerk receives these submissions 24 hours a day, seven days a week, including holidays.
21.07.01 Subject to the provisions of these rules, all documents sent by fax or email and accepted by the Clerk shall be considered filed with the Clerk as of the date and time reflected on the fax transmission or email. The office of the Clerk will be open to receive emails and facsimile transmission of documents on the basis of twenty-four hours per day seven days per week including holidays. Each page of any document received by the clerk shall be automatically imprinted with the date and time of receipt. The date and time imprinted on the document shall determine the time of filing, provided the document is deemed accepted by the clerk.
Page 14 | TIME OF FILING
Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the fax filing, or the Court may strike the document, exhibit, or both.
Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five court days following the filing of the facsimile document. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this section.
Page 14 | EXHIBITS
Documents tendered without required payment or that do not conform to applicable rules are deemed not filed.
Documents tendered to the Clerk without payment of court costs and fees or that do not conform to applicable rules shall be deemed not filed.
Page 15 | FEES AND COSTS
Reports must follow the Supreme Court’s prescribed form and be submitted no later than the fifteenth day after the reporting period closes.
The reports shall be as prescribed by the Supreme Court and submitted no later than the fifteenth day after the close of the reporting period.
Page 18 | Rule 25.00 Electronic Submission of Reports to the Supreme Court of Ohio
For residential property, the plaintiff may supplement the damages claim within 30 days after obtaining possession.
When residential property is involved, the plaintiff may supplement the claim for damages within 30 days of obtaining possession of the premises.
Page 9 | Rule 16.00 Forcible Entry and Detainer Actions
Service and Proof of Service Rules
Continuance requests must be served on opposing counsel or the opposing party.
All requests shall be served on opposing counsel or party.
Page 3 | CONTINUANCES
Except for motions normally made at trial, motions must be served on opposing counsel.
All motions except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure.
Page 3 | MOTIONS PRACTICE
The adverse party must serve opposing affidavits and a memorandum before the scheduled non-oral hearing date.
The adverse party shall file and serve opposing affidavits and memorandum prior to the day set for non-oral hearing.
Page 4 | Rule 10.00 Summary Judgment
Before the pretrial conference, counsel must exchange expected expert-witness reports and, when applicable, medical reports and hospital records.
Prior to the date of the pretrial conference, counsel shall exchange reports of expert witnesses expected to be called by each party and shall exchange medical reports and hospital records if such are involved.
Page 8 | Rule 15.00 Civil Practice
If service by ordinary mail fails, the Clerk must notify the plaintiff that the case will be dismissed within 60 days unless the plaintiff provides a new address.
Upon failure of service on the defendant by ordinary mail the Clerk shall notify the plaintiff that the case will be dismissed within (60) days unless the plaintiff provides the Clerk a new address for the defendant.
Page 11 | (F) Failure of Service on Defendants
If the defendant refuses service by certified mail, the Clerk must resend the summons by ordinary mail.
If service of process on defendant by certified mail is refused the Clerk shall resend the summons by ordinary mail.
Page 11 | (F) Failure of Service on Defendants
The exhibit and its cover sheet must be served in accordance with the rules governing service of pleadings in the court.
The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 14 | EXHIBITS
When an electronic ticket is issued at the scene of an alleged offense, the issuing officer must provide the defendant with a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 18 | Rule 24.00 Electronic Produced Tickets
The Court authorizes law enforcement agencies in Preble County to serve covered arrest warrants by teletype.
Pursuant to Section 2935.24, Ohio Revised Code, this Court hereby honors arrest warrants issued by this Court, and any other Court competent jurisdiction of this state, and grants authority to serve such arrest warrants by teletype of all law enforcement agencies in Preble County, Ohio, and hereby directs that any such arrest warrants issued by the clerk of the Eaton Municipal Court pursuant to Chapter 2935 of the Ohio Revised Code, based upon probable cause that a crime has been committed and the defendant committed such crime shall carry with it the authority of the Court to be served by teletype.
Page 6 | Misdemeanor summons and arrest warrants upon complaint
Filing Fees and Waivers
A civil jury-trial demand requires a $250 advance deposit, in addition to regular filing costs, at filing.
When a jury trial in a civil case is demanded, an advance deposit of Two hundred and fifty dollars ($250.00) in addition to regular filing costs is required at the time of filing.
Page 3 | JURY TRIAL
For a first or second offense of driving without financial-responsibility insurance, a defendant may obtain driving privileges by filing a proper petition, which carries a $160 fee.
Per Section 4509.101(A)(2)(a) & (b) of the Ohio Revised Code, effective 1/1/04 a defendant may get driving privileges upon filing a proper petition for a 1 st and 2nd offense of driving without financial responsibility insurance. The fee for such a petition is $160.00.
Page 7 | Rule 14.02 Procedure for Driving Privileges when Petitioner receives an FRA suspension from BMV
A $50 fee is assessed for each limited-privileges petition and each modification of granted privileges.
A fee of $50.00 shall be assessed each time a petition for limited privileges is filed with the Clerk of Court or any modification being performed on privileges granted.
Page 7 | Rule 14.00 Procedure for Granting Limited Driving Privileges or Contesting Suspension
For this driving-privileges procedure, the petitioner must first petition the Court, pay reinstatement fees directly to the Ohio BMV, pay a separate $100 court fee, and provide proof of insurance and relevant BMV documentation.
Per Section 4510. et.al. of the Ohio Revised Code, effective 1/1/04 a defendant may get driving privileges upon filing a proper petition and paying reinstatement fees directly to the Ohio BVM after first petitioning the Court. The fee for such a petition is $100.00. The petitioner must show proof of insurance and bring any documentation from BMV with regard to this matter. All monthly payments are then paid to the Ohio BMV directly. The above $100.00 fee does not go toward any reinstatement fees but stays with this court to cover administrative costs.
Page 7 | Rule 14.01 Procedure for Driving Privileges when Petitioner wishes to pay reinstatement fees with installment method
The jury deposit must be paid at least 30 days before trial to avoid waiver of a jury trial.
Trial by jury will be waived unless requested in writing and the jury deposit is paid at least 30 days before trial.
Page 9 | Rule 16.00 Forcible Entry and Detainer Actions
A $55 filing fee is required.
$55.00 Filing Fee.
Page 11 | (E) Filing Fee
A $75 filing fee is required for a counterclaim.
Counterclaims are claims filed by the defendant against the plaintiff for a sum arising out of the same incident not to exceed $6,000.00. (Such amounts as amended from time to time by the ORC) The filing fee is $75.00.
Page 11 | (G) Counterclaims
A fax or email filing that requires a fee will not be accepted until court costs and fees are paid.
21.08.01 No document filed by facsimile or email that requires a filing fee shall be accepted by the Clerk for filing until court costs and fees have been paid.
Page 15 | FEES AND COSTS
The deposit for an FE&D restitution writ is $150.
f. FE&D Restitution Writ Deposit $150.00
Page 35 | Appendix C — In the Matter of Civil Costs
Witnesses are to be paid $12 for a full day, plus mileage over and above the subpoena fee.
$12.00 for a full day, plus mileage over and above
Page 35 | Appendix C — In the Matter of Civil Costs
A small claims complaint involving two defendants costs $55.
a. Small Claims Complaint, Two defendants $55.00
Page 35 | Appendix C — In the Matter of Civil Costs
Each additional certified-mail service attempt costs $10 per defendant.
Additional attempts of service by certified mail will require a fee of $10.00 per defendant.
Page 35 | Appendix C — In the Matter of Civil Costs
A transfer of judgment costs $110.
v. Transfer of Judgment $110.00
Page 35 | Appendix C — In the Matter of Civil Costs
A replevin writ costs $50.
e. Replevin Writ $50.00
Page 35 | Appendix C — In the Matter of Civil Costs
A jury deposit is $250.
j. Jury Deposit $250.00
Page 35 | Appendix C — In the Matter of Civil Costs
A request for ordinary mail costs $5.
x. Request for Ordinary Mail $5.00
Page 35 | Appendix C — In the Matter of Civil Costs
Reviving a judgment costs $50.
s. Revive of Judgment $50.00
Page 35 | Appendix C — In the Matter of Civil Costs
A subpoena for an in-county witness costs $6.
n. Subpoena, In County Witness $6.00
Page 35 | Appendix C — In the Matter of Civil Costs
A debtor’s examination costs $50.
k. Debtor’s Examination $50.00
Page 35 | Appendix C — In the Matter of Civil Costs
The garnishment entry specifies an additional $5 when the court provides forms.
(If court provides forms + $5.00)
Page 35 | Appendix C — In the Matter of Civil Costs
The EMC fee for transfer to the Court of Appeals is $50.
t. EMC Fee for Transfer to Court of Appeals $50.00
Page 35 | Appendix C — In the Matter of Civil Costs
The Court of Appeals filing fee is $225.
u. Court of Appeals Filing Fee $225.00
Page 35 | Appendix C — In the Matter of Civil Costs
Mileage is charged in addition to the subpoena fee, and the requesting party pays the fee.
plus mileage over and above the subpoena fee. This fee is to be paid by the party requesting the subpoena.
Page 35 | Appendix C — In the Matter of Civil Costs
Authentication of a judgment costs $10.
p. Authentication of Judgment $10.00
Page 35 | Appendix C — In the Matter of Civil Costs
A garnishment costs $100; the entry also specifies an additional $5 when the court provides forms.
m. Garnishment (If court provides forms + $5.00) $100.00
Page 35 | Appendix C — In the Matter of Civil Costs
A certificate of document costs $1.
r. Certificate of Document $1.00
Page 35 | Appendix C — In the Matter of Civil Costs
Publication costs $50.
g. Publication $50.00
Page 35 | Appendix C — In the Matter of Civil Costs
A bank garnishment has an additional $1 charge for the bearer.
(Bank Garnishment $1.00 extra for bearer)
Page 35 | Appendix C — In the Matter of Civil Costs
A petition to vacate or modify costs $21.50.
q. Petition to vacate or modify $21.50
Page 35 | Appendix C — In the Matter of Civil Costs
An order to show cause costs $10.
l. Order to Show Cause $10.00
Page 35 | Appendix C — In the Matter of Civil Costs
A trusteeship costs $10.
c. Trusteeship $10.00
Page 35 | Appendix C — In the Matter of Civil Costs
A jury demand costs $10.
i. Jury Demand $10.00
Page 35 | Appendix C — In the Matter of Civil Costs
An execution and attachment writ costs $100.
h. Execution & Attachment Writ $100.00
Page 35 | Appendix C — In the Matter of Civil Costs
A counterclaim or cross-claim costs $75.
d. Counterclaim or Cross-Claim $75.00
Page 35 | Appendix C — In the Matter of Civil Costs
A small claims counterclaim costs $30.
w. Small Claims Counter-Claim $30.00
Page 35 | Appendix C — In the Matter of Civil Costs
Filing a civil action costs $160 and covers filing the complaint and service for up to two defendants, including personal service up to $20.
Effective August 16th, 2018 the costs for filing a civil action shall be $160.00, the fee will cover the filing of the complaint with up to two defendants by certified mail and personal service up to $20.00.
Page 35 | Appendix C — In the Matter of Civil Costs
A certificate of judgment costs $20.
o. Certificate of Judgment $20.00
Page 35 | Appendix C — In the Matter of Civil Costs
Witnesses are to be paid $6 for each half day.
All witnesses are to be paid $6.00 per half day &
Page 35 | Appendix C — In the Matter of Civil Costs
Transferring a small claims case to the civil docket costs $105.
b. Transfer Small Claims to Civil Docket $105.00
Page 35 | Appendix C — In the Matter of Civil Costs
A motion to vacate costs $50.
y. Motion to Vacate $50.00
Page 35 | Appendix C — In the Matter of Civil Costs
The original transcript costs $3.50 per page.
$3.50 per page for the original transcript
Page 2 | Rule 7.01 Transcript Fees
A paper copy of a transcript costs $0.25 per page.
$0.25 per page per paper copy
Page 2 | Rule 7.01 Transcript Fees
An expedited transcript costs $5.00 per page.
$5.00 per page for expedited transcripts
Page 2 | Rule 7.01 Transcript Fees
The Court will consider hardship affidavits submitted by timely written motion.
The Court will consider affidavits of hardship upon written motion timely filed.
Page 3 | JURY TRIAL
A petitioner with a prior Eaton Municipal Court traffic matter in which a reinstatement fee was paid may file a proper petition with that matter and pay only a $50 filing fee.
If the petitioner had a traffic matter in the Eaton Municipal Court in which a reinstatement fee was paid the petitioner may file a proper petition with the traffic matter and only pay a filing fee of $50.00.
Page 7 | Rule 14.01 Procedure for Driving Privileges when Petitioner wishes to pay reinstatement fees with installment method
The Judge determines court costs from time to time, and a copy of the current cost schedule may be obtained from the Clerk at no charge upon request.
Court costs shall be determined from time to time by the Judge. A copy of the current schedule of costs may, be obtained from the Clerk of Court at no charge upon request.
Page 1 | Rule 4.00 Costs
No additional fee is assessed for fax or email filings.
21.08.02 No additional fee shall be assessed for facsimile or email filings.
Page 15 | FEES AND COSTS
Sealing & Redaction Procedures
When a record contains both public and exempt portions, redact the exempt portions and release the remainder.
If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released.
Page 16 | II. Record requests
Adjournment & Extension Requirements
Continuance requests made less than two business days before trial will not be considered unless circumstances are beyond the movant’s reasonable control.
No requests for continuance will be considered if made less than two (2) business days before trial except for circumstances that are beyond the reasonable control of the movant.
Page 3 | CONTINUANCES
A continuance requires a written motion showing good cause, served on the opposing side, with the requested date, reasons, contact and consent-or-objection information, and any prior trial-conflict scheduling date.
Every request for a continuance shall be by written motion and will be granted upon showing of good cause. All requests shall be served on opposing counsel or party. The motion shall set forth the date from which a continuance is requested, reasons for continuance whether opposing counsel/party has been contacted, and whether they consent or object to said continuance. If a prior trial conflict exists, the date of the scheduling shall be stated.
Page 3 | CONTINUANCES
For speedy-trial purposes, defense counsel is deemed to have consented to a continuance obtained at counsel’s request or with counsel’s agreement.
For purposes of speedy trial determination, defense counsel shall be held to have consented to such continuance if such continuance is obtained upon that counsel’s request or with that counsel’s agreement.
Page 5 | Continuances in criminal cases
Criminal pretrial and trial continuances must be to a date certain and comply with M.C. Rule 8(E).
Continuances, of either pre-trials or trials in criminal cases shall be allowed to a date certain in conformity with M.C. Rule 8 (E).
Page 5 | Continuances in criminal cases
A request for continuances of a case set for trial should be directed to the Small Claims Division at least three (3) business days prior to the trial date. Requests for continuances shall be in writing, which must include (1) reasons for the request and (2) the date and time of the current assignment.
A request for continuances of a case set for trial should be directed to the Small Claims Division at least three (3) business days prior to the trial date. Requests for continuances shall be in writing, which must include (1) reasons for the request and (2) the date and time of the current assignment.
Page 11 | (H) Continuances
If an attorney appears for a party at a hearing, the Court must grant the other party a reasonable continuance to obtain counsel.
If an attorney enters his appearance at a hearing for a party the Court shall grant the other party a reasonable continuance to obtain legal counsel.
Page 11
A continuance may not exceed 30 days, and a party may receive only one unless good cause is shown and the Court expressly approves another.
No continuance shall be granted for more than thirty days, nor shall any party be entitled to more than one continuance except for good cause shown and with the express approval of the Court.
Page 12 | (H) Continuances
Chambers Communication Rules
A motion hearing date and time must be obtained from the Assignment Clerk.
A date and time for an oral hearing on motions must be obtained from the Assignment Clerk.
Page 3 | MOTIONS PRACTICE
The sender bears the risk of faxing or emailing a document to the Clerk and is urged to verify receipt using available technology.
21.07.04 The sending party bears the risk of transmitting a document by fax or email to the Clerk. The sending party is urged to verify receipt by the Clerk of a facsimile or email filing through whatever technological means are available.
Page 15 | 21.07.04
The Court accepts correspondence at the stated email address but does not accept filings there.
21.09.01 The Court will accept correspondence at info@eatonmunicipalcourt.com, however, the Court will NOT accept filings at this address.
Page 15 | CORRESPONDENCE
Court sessions and the Clerk of Court’s Office are open from 8:00 a.m. to 4:30 p.m. Monday through Friday, unless otherwise ordered or the day is a legal holiday.
The hours of court sessions and for the Clerk of Court’s Office shall be from 8:00 a.m., until 4:30 p.m., Monday through Friday, unless otherwise ordered by the judge or the day is a legal holiday.
Page 1 | Rule 2.00 Court Sessions and Hours
The Clerk may acknowledge receipt of fax and email transmissions.
21.07.03 The Clerk may acknowledge receipt of a facsimile and email transmissions.
Page 15 | 21.07.03