Elyria Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements6 rules
Every document to be filed shall be transmitted in a format and manner that can be read or downloaded by the electronic equipment then in use by the Court.
No electronic filing shall be made of a document which exceeds 8 ½” X 11” in size.
- Paper size
- Letter
Formatting
- •No electronic filing may exceed 8 ½” X 11” in size
When utilizing foreign forms, unless the forms are neatly and appropriately altered to indicate to the Garnishee the required mandate and order, they will be returned by the Clerk.
Counsel in an at-issue civil action may stipulate before or after pretrial to compulsory arbitration, but the stipulation must be in writing.
- Arbitration stipulation
Formatting
- •A stipulation for compulsory arbitration must be in writing
Court's wording
(2) Without limitation as to amount, counsel in any civil action which is at issue may stipulate in writing, before or after pretrial, that it may be submitted for compulsory arbitration in accordance with this rule.
Cases scanned or imaged by the court must be in PDF, TIF, or a format meeting Sup. R. 26 requirements, and retained accordingly.
- File type
Formatting
- •The records will be retained accordingly
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.
All Court Records may be maintained in an electronic format
Document Filing Requirements36 rules
No pleading, motion, demand, or other document related to an action or proceeding shall be accepted for filing by the Clerk of this Court unless there first shall be deposited the filing fee required by this Court or, if indigent, an affidavit of indigence.
Electronic transmissions must include the listed transmission, originator, case, document, and page-count information; fax transmissions must put it on a separate cover page, and papers missing it will not be accepted.
Court's wording
(A) Each electronic transmission shall include all of the following information in the transmission, except that in the event of a facsimile transfer all such information shall be included on a separate cover page: (1) The date of transmission; (2) The name, telephone number, facsimile number and/or e-mail address of the originator of the document; (3) The caption of the case; (4) The case number, if assigned; (5) The title of the document to be filed; (6) The number of pages being transmitted (exclusive of the cover page). Papers transmitted without this information shall not be accepted for filing.
(2) Every electronic transmission shall be legible and complete when received.
Electronically filed pleadings and motions must be legibly signed and comply with Civil Rule 11; a statutory electronic signature is sufficient and is treated as the attorney's or party's signature.
Court's wording
(1) Every pleading and motion filed electronically shall be legibly signed by the originator of the document and otherwise comply with Civil Rule 11. An “electronic signature” as defined by ORC § 1306.01(H) shall be sufficient as a “signature.” Any signature on electronically transmitted pleadings or papers shall be considered that of the attorney or party it purports to be for all purposes. See subsection (B)(6) below.
A person signing electronically for another must disclose the agency relationship on the document, and may not cause another’s signature to appear without that person taking the principal step to enter it; violations are contempt of court.
Court's wording
One person signing a document to be electronically transmitted on behalf of another without clear disclosure of the agency status on the face of the document or one person causing another’s signature to appear on an electronically transmitted document without the person that is identified as signing taking the principal step to effect the entry of a signature on the document shall be regarded as contempt of court.
Every electronic filing shall contain a proof of service when applicable.
- Document
- Electronic filing
Must include
- •Certificate of service
Proof of electronic service must state the recipient’s fax number and/or email address and the date and time of transmission.
Court's wording
The proof of service for a document served by electronic transmission shall state the facsimile number and/or e-mail address of the person to whom the document was transmitted and both the date and time of transmission.
(a) Placement- Placement is initiated by obtaining and completing a “referral form”. This form must be completed and delivered to the EMRC Coordinator.
(b) Maintain professional liability (malpractice) insurance in an amount equal to the minimum coverage required by the Ohio Rules of Professional Conduct and supply written verification of his/her coverage.
(c) File a written application on a form supplied by the Court with a resume’ attached.
Attorneys with fee requests in excess of the standard maximum fee (currently $250.00) shall file a Motion in which the attorney briefly states the reason/rationale for a fee in excess of the maximum amount of $250.00.
Where service is requested or required by the Clerk, sufficient copies shall be delivered to the Clerk with the filing
An attorney appearing at a hearing without a prior pleading or written motion that provides the required contact and registration information must promptly file a journal entry or notice of appearance containing that information.
Court's wording
An attorney who appears at hearing on behalf of a party and who has not made an appearance by pleading or written motion on behalf of the represented party that contains the attorney’s address, phone number, and registration number, shall promptly file a journal entry or “notice of appearance” with such information or shall not have cause to seek an extension of time or to vacate an order or judgment due to the failure by the Court or Clerk of Elyria Municipal Court to notify that counsel of hearings, orders or decisions.
(a) General Provisions: Except as provided herein, all motions shall be in conformance with applicable Rules of Civil Procedure, shall include a memorandum containing arguments or appropriate affidavits, and shall be accompanied by a proposed order.
For a liquidated claim, the movant may avoid attending the hearing by submitting the specified supporting documents before the hearing; the quoted affidavit requirement is incomplete in the available text.
Court's wording
When the amount claimed is liquidated, i.e. readily ascertainable by mathematical calculation, the movant need not appear at the hearing if the following documents supporting the amount claimed are submitted prior to the hearing: i) proposed Journal Entry; ii) any instrument(s) on which any part of the claim is based, evidence of written assent to interest other than at the statutory rate from the date of judgment; iii) if the claim is based on an account, a statement of account starting with a zero balance or other provable sum that contains listed items and a summarization which permits the calculation of the amount claimed to be due; iv) an affidavit with specific and nonconclusory averments by a person with knowledge supporting 1) the amount claimed, 2) submission of any accompanying documents, and 3) if written notice has not been given to the party against whom the application for default judgment is
Upon written notification to the Court of any pending bankruptcy proceeding, including the case number, affecting any litigant in this Court, the Court shall file an appropriate Journal Entry staying all proceedings.
- Document
- Bankruptcy notification
Must include
- •Case number
Satisfactions in whole or part of a judgment may be entered on the docket by the Court after a party in whose favor a judgment has been rendered files a journal entry or other form of written communication with the Court indicating satisfaction and after said entry has been approved by the Judge or Magistrate.
A debtor making application for a trusteeship under ORC § 2329.70 must complete the Application for Appointment of Trustee in its entirety, under oath.
The applicant must provide each creditor’s notice with the specified debt information and addressed, stamped envelopes, and the Trustee must mail the notices with written notice to answer.
Court's wording
The applicant shall furnish a Notice for service upon each creditor which notice shall show the amount owed said creditor, the account number and the amount of total indebtedness, together with addressed, stamped envelopes. The furnished Notices shall be mailed by the Trustee together with written notice to the creditor to answer in accordance with ORC § 2329.71.
A party offering a repair estimate must forward the estimate and a repair-status statement, and, if repairs were made, a receipted bill showing the work and amount paid.
Court's wording
vi) Procedure in Case of Estimate: In the case of an estimate, the party intending to offer the estimate shall forward a copy of the estimate, a statement indicating whether or not the property was repaired, and, if it was, whether the estimated repairs were made in full or in part by attaching a copy of the receipted bill showing the items of repair made and the amount paid.
(1) The report shall be a clear, concise statement of the board’s findings of fact and conclusions of law on the issues presented to them.
In the event that all three members do not agree on the findings and award, the dissenting member shall write the word “Dissents” before that member’s signature.
The report and award shall be signed by all of the members of the arbitration board.
The notice of appeal must be filed with an affidavit stating that the appeal is not for delay and that the appellant or affiant believes an injustice has been done.
Court's wording
The appellant shall pay an appeal fee of Fifty Dollars ($50.00) to the Clerk of Elyria Municipal Court and shall file with the Clerk a notice of appeal, together with an affidavit that the appeal is not taken for delay but because the appellant or affiant believes that an injustice has been done.
Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.
(F) I have set forth below a full, accurate, and complete statement of the names, addresses, and account numbers of all of my secured and unsecured creditors with liquidated claims and the amounts due each;
An application for appointment of a trustee must include proof of the existing garnishment or demand.
Court's wording
(B) My personal earnings are now being garnished or I have received an R.C. §2716.02 demand that my personal earnings are about to be garnished and I have attached to this application proof of the existing garnishment or demand; that the total amount of my indebtedness is $ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing on a form prescribed by this Court to the Judge to whom the case is assigned as far in advance as reasonably practical, but in no event later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the Judge.
Upon the filing of such stipulation, together with the pre-trial statements of the parties, the action shall be submitted to arbitration.
Doctor and dentist bills must be dated and state each visit date and its charge.
Court's wording
ii) Bills of Doctors and Dentists: Bills of doctors and dentists, when dated and containing a statement showing the date of each visit and the charge thereof;
iii) Bills of Nurses, etc.: Bills of registered nurses, licensed practical nurses, or physical therapists, when dated and containing an itemized statement of the days and hours of service and the charges thereof;
Property repair bills or estimates must be identified and itemize labor and material charges.
Court's wording
v) Property Repair Bills or Estimates: Property repair bills or estimates, when identified and itemized setting forth the charges for labor and material used in the repair of the property;
i) Hospital Bills: Hospital bills on the official letterhead or billhead of the hospital, when dated and itemized;
Any party may appeal from the action of the arbitration board to the Elyria Municipal Court unless the right of appeal is waived by all parties and all counsel to the proceedings in writing prior to the arbitration hearing; said waiver shall be filed as part of the arbitration record.
The Trustee is hereby authorized to require proof of disposable earnings and eligibility for exemption of payment by affidavit or otherwise and at such times as deemed necessary.
A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances.
Filing & Service rules
Electronic Filing Rules
Documents filed by electronic transmission must be in a format readable or downloadable by the Court’s equipment.
Every document to be filed shall be transmitted in a format and manner that can be read or downloaded by the electronic equipment then in use by the Court.
Page 9 | Rule 8: Electronic Filing
The Clerk accepts electronic transmissions, including email and fax, as an alternative filing method for pleadings, motions, and other papers allowed by law, subject to the stated conditions.
The Clerk of Elyria Municipal Court shall accept for filing, electronic transmissions, including, but not limited to, e-mail and facsimile transfers, as an alternative method for filing of pleadings, motions and other papers allowed by law to be filed with the Clerk of Elyria Municipal Court, subject to the conditions contained herein.
Page 8 | Rule 8: Electronic Filing
An electronically transmitted document is treated as the original; do not later send the original or duplicates unless ordered, and retain the original for production to the Court upon request.
The transmitted document shall be deemed and accepted as though it were the original. Neither the original nor duplicates shall be sent thereafter unless ordered. The person filing a document by electronic transmission shall retain the original document and make it available upon request to the Court.
Page 9 | Rule 8: Electronic Filing
Direct transmissions to the Clerk; no additional notice or prior judicial approval is required if the transmission complies with the rule and would be properly filed if delivered or mailed.
All transmissions shall be directed to the Clerk of Elyria Municipal Court and no other notice to the Clerk or approval by the Judge or Magistrate shall be required of the transmitter prior to transmission, provided that the transmission complies with this Local Rule and would be appropriately filed in the Elyria Municipal Court if personally delivered or mailed through the United States Postal Service.
Page 9 | Rule 8: Electronic Filing
A transmission intended for pre-filing judicial review, consideration, or signature may be sent by fax or email to the appropriate Judge or Magistrate only after telephone authorization.
Transmissions intended for review, consideration, or signature by a Judge or Magistrate before filing may be sent to the facsimile or e-mail of the appropriate Judge or Magistrate, but only after telephone authorization has been given.
Page 10 | Rule 8: Electronic Filing
An electronic transmission misdirected to the Clerk of Courts may be returned or disposed of.
Electronic transmissions misdirected to the Clerk of Courts may be returned or disposed of.
Page 10 | Rule 8: Electronic Filing
The Clerk may waive or modify these requirements to the extent permitted by law.
These requirements may be waived or modified within the discretion conferred by law upon the Clerk of Elyria Municipal Court.
Page 12 | Rule 8: Electronic Filing
Filing Timing and Cure Windows
Papers transmitted in violation of the provision will not be accepted for filing.
Papers transmitted in violation of this provision shall not be accepted for filing.
Page 9 | Rule 8: Electronic Filing
The Clerk must time-stamp the received fax copy or hard copy of an email; the time-stamp constitutes the Clerk’s acceptance that the transmission appears compliant and should be docketed.
The Clerk of Elyria Municipal Court shall also time- stamp the facsimile copy received or the hard copy of the e-mail, which shall constitute “acceptance” by the Clerk, that is, that the electronic transmission appears to comply with this Local Rule and should be entered accordingly onto the docket.
Page 10 | Rule 8: Electronic Filing
Transmissions received on a weekend or legal holiday, or after 4:30 p.m. on a business day, are considered filed on the next business day.
Electronic transmissions received by the office of the Clerk of Elyria Municipal Court on a Saturday, Sunday, legal holiday, or after 4:30 p.m. on a business day shall be considered filed on the next business day.
Page 10 | Rule 8: Electronic Filing
The Clerk must not time-stamp an electronically transmitted document rejected for filing unless a Judge or Magistrate directs otherwise.
If the Clerk of Courts finds that a document received by electronic transmission should not be filed for any reason, e.g. illegible, incomplete, or otherwise in violation of this Local Rule, the Clerk shall not time-stamp the document, unless directed by the Judge or Magistrate.
Page 11 | Rule 8: Electronic Filing
Listed attorneys must supply proof of insurance by January 31 each year.
Attorneys on the list shall supply proof of insurance by January 31st of each calendar year.
Page 18 | (C) Appointment List, Application
To ensure payment without reduction, appointed counsel must submit the bill at least ten days before the cutoff date.
To ensure payment without reduction, the attorney must submit his/her bill at least ten days before the cutoff date.
Page 19 | Compensation
Unless a motion to the contrary is filed, pending actions will be dismissed without prejudice or existing judgments marked discharged in bankruptcy after 180 days.
Unless a motion to the contrary is filed, any pending actions will be dismissed without prejudice or any existing judgment shall be marked as discharged in bankruptcy after one hundred eighty (180) days.
Page 23 | Bankruptcy
The Clerk enters a voluntary dismissal when a party timely files a request under Civil Rule 41(A) and a Judge or Magistrate has marked it reviewed.
The Clerk shall enter a voluntary dismissal when a party has timely filed a request pursuant to Civil Rule 41(A) and such request has been marked as reviewed by a Judge or Magistrate.
Page 23 | Voluntary Dismissal
The arbitration board must file its report and award within 30 days after the hearing and send copies to the parties or counsel on the filing day under Civil Rule 5(B).
(2) Within thirty (30) days after the hearing, the arbitration board shall file a report and award with the Clerk of Elyria Municipal Court and on the same day shall mail or otherwise forward copies thereof to the parties or their counsel in accordance with Civil Rule 5(B).
Page 36 | Rule 12: Arbitration, (F) Report and Award
All conditions for an appeal must be completed within 30 days after the report and award are filed with the Clerk.
The right of appeal shall be subject to the conditions set forth in this rule, all of which shall be completed within thirty (30) days after the filing of the report and award with the Clerk of Elyria Municipal Court.
Page 37 | Rule 12: Arbitration
A party may file exceptions alleging misconduct or corruption within 30 days after the report and award are filed with the Clerk.
Any party may file exceptions to the decision of the arbitration board within thirty (30) days after the filing of the report and award with the Clerk of Elyria Municipal Court for either misconduct or corruption of the arbitration board or of a single arbitrator.
Page 38 | Rule 12: Arbitration
Permission requests must be made as far in advance as reasonably practical and no later than one-half hour before the session, unless the Judge permits otherwise.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing on a form prescribed by this Court to the Judge to whom the case is assigned as far in advance as reasonably practical, but in no event later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the Judge.
Page 7 | Rule 6: Permission to Broadcast or Record Proceedings
After a document is rejected or stricken, its transmitter may request a compliance hearing; if compliance is shown, the Court may issue an order deeming it timely filed.
The person transmitting the document may request a hearing as to compliance with this Local Rule if the transmitting document has been rejected by the Clerk or stricken by court order and, if compliance has been shown, an appropriate order may be issued to deem the document timely filed.
Page 12 | Rule 8: Electronic Filing
Applications are processed approximately once per week.
Applications will be processed approximately one time per week.
Page 19 | Compensation
Service and Proof of Service Rules
Electronic service requires the recipient’s consent, which is automatically indicated by the recipient’s prior electronic filing or transmission in the same action.
Service of a document by electronic transmission may be made only if the person to be served has consented to receive service of the document by electronic transmission. Consent is automatically indicated when the recipient has previously filed or otherwise transmitted a document electronically in the same action.
Page 10 | Rule 8: Electronic Filing
Electronic service made after 4:30 p.m. is considered complete on the next business day.
Electronic transmission service made after 4:30 p.m. shall be considered complete on the next business day.
Page 10 | Rule 8: Electronic Filing
When necessary, the transmitter must file an amended proof of service stating the grounds.
If necessary, the transmitter shall file an amended proof of service and its grounds.
Page 11 | Rule 8: Electronic Filing
If a transmission is incomplete, the transmitter must promptly notify the recipient by telephone, and service must be completed by another method authorized by law.
transmission was incomplete for any reason, the transmitter shall promptly notify the person by telephone of the problem and service shall be accomplished as otherwise authorized by law.
Page 11 | Rule 8: Electronic Filing
If a filing is rejected, the transmitting attorney or party must promptly notify everyone served with a copy that the document was not filed.
If a document presented for filing is rejected, the attorney or party who transmitted the document for filing shall promptly notify all parties served with a copy of the document that the document was not filed in the case.
Page 11 | Rule 8: Electronic Filing
A party who can no longer receive electronic service after consenting to it must promptly notify the Court and all other parties in writing and state the grounds.
A party who has consented to service by electronic transmission but who can no longer receive service by electronic transmission shall promptly notify the Court and all other parties to the action in writing, setting forth the grounds.
Page 11 | Rule 8: Electronic Filing
Cases with incomplete service within six months of filing shall be dismissed.
All cases in which service is incomplete within six months of filing shall be dismissed by the Court.
Page 20 | Rule 11: Case Management Plan (A)(1)(b)
Counsel or a pro se plaintiff must serve a Civil Rule 41(A) notice of voluntary dismissal on appearing opposing counsel or an appearing pro se opposing party.
As required by Civil Rule 5(A), counsel or the pro se plaintiff shall serve upon opposing counsel or pro se opposing party who has made an appearance in the action any written notice of voluntary dismissal pursuant to Civil Rule 41(A).
Page 24 | Voluntary Dismissal
Forcible entry and detainer summonses must be served by concurrent certified and ordinary mail unless another service method is requested.
Summons in a forcible entry and detainer action will be served by concurrent certified and ordinary mail service in accordance with ORC § 1923.06, unless some other method of service is requested.
Page 25 | Case Management in Forcible Entry & Detainer Hearings
The Trustee must mail each furnished notice with written notice to the creditor to answer.
The furnished Notices shall be mailed by the Trustee together with written notice to the creditor to answer in accordance with ORC § 2329.71.
Page 27 | Case Management in Trusteeships
Written notice of the arbitration hearing’s time, date, and place must be sent to the arbitration board members and the parties or their counsel under Civil Rule 5(B).
shall fix a time and date for the hearing and shall send written notice of the time, date and place of the hearing to the members of the arbitration board and to the parties or their counsel in accordance with Civil Rule 5(B).
Page 33
On the day it files the report and award, the arbitration board must mail or otherwise forward copies to the parties or their counsel under Civil Rule 5(B).
(2) Within thirty (30) days after the hearing, the arbitration board shall file a report and award with the Clerk of Elyria Municipal Court and on the same day shall mail or otherwise forward copies thereof to the parties or their counsel in accordance with Civil Rule 5(B).
Page 36 | Rule 12: Arbitration, (F) Report and Award
Copies of the appeal documents must be served on opposing parties or their counsel under Civil Rule 5(B).
Copies of such documents shall be served upon opposing parties or their counsel in accordance with Civil Rule 5(B).
Page 37 | Rule 12: Arbitration
Proof of service must be endorsed on the exceptions.
Proof of service shall be endorsed thereon.
Page 38 | Rule 12: Arbitration
Copies of exceptions must be mailed to each arbitrator and opposing parties or counsel within 48 hours after filing.
Copies of said exceptions shall be mailed to each arbitrator on the board and to the opposing parties or their counsel within 48 hours after filing of the exceptions.
Page 38 | Rule 12: Arbitration
If possible, serve copies of electronically transmitted filings by electronic transmission; the Court may also send notices electronically.
If possible, service of copies of the document to be filed by electronic transmission shall also be accomplished by electronic transmission and notices from the court may also be sent by electronic transmission.
Page 10 | Rule 8: Electronic Filing
Bills or estimates offered in evidence under this provision require one week’s written notice to the adverse party, accompanied by a copy of the bills.
on condition that one week’s written notice has been given to the adverse party, accompanied by a copy of the bills to be offered in evidence.
Page 34 | (d) Medical Bills; Property Damage Bills or Estimates
The Clerk may use service methods allowed by Civil Rule 4.1, including virtual service using advanced postal technology for certified mail.
The Clerk of the Elyria Municipal Court may use service of process methods as outlined in Civil Rule 4.1 Process: methods of service, which methods may include "virtual" service of process utilizing advanced postal technology for service by certified mail.
Page 60 | Rule 11(C) SERVICE OF PROCESS
Virtual service is subject to review or challenge under Civil Rule 4.1, and confirmation data is available through the Clerk's office.
All service by virtual service of process is subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process data available through this Clerks' office.
Page 60 | Rule 11(C) SERVICE OF PROCESS
Filing Fees and Waivers
A filing fee must be deposited before the Clerk accepts a covered filing, unless the filer is indigent and deposits an affidavit of indigence.
No pleading, motion, demand, or other document related to an action or proceeding shall be accepted for filing by the Clerk of this Court unless there first shall be deposited the filing fee required by this Court or, if indigent, an affidavit of indigence.
Page 6 | Rule 3: Schedule of Fees and Costs
A fee-required electronic filing may be rejected unless the fee is paid before transmission through an approved method or a motion to waive prepayment based on indigency is filed before or with the transmission.
Any document electronically filed that requires a filing fee may be rejected unless the filer has paid the fee prior to transmission by advance deposit, credit card, or other mechanism approved by the Clerk of Elyria Municipal Court or has previously or concurrently filed a motion to waive the prepayment of costs based upon indigency.
Page 12 | Rule 8: Electronic Filing
A continuance granted within 48 hours of the scheduled arbitration requires payment to the arbitration panel, and the parties must redeposit additional fees when the arbitration is rescheduled.
Any request for a continuance which is granted within forty-eight (48) hours of the scheduled arbitration shall result in payment to the members of the arbitration panel in accordance with section (J). The assigned Judge shall order funds deposited with the clerk of Courts disbursed in accordance with section (J) and the parties shall re-deposit additional fees in accordance with this rule upon rescheduling of the arbitration date.
Page 33 | (2) Continuances
An appellant must pay a $50 appeal fee to the Clerk.
The appellant shall pay an appeal fee of Fifty Dollars ($50.00) to the Clerk of Elyria Municipal Court
Page 37 | Rule 12: Arbitration
When filing an appeal, the appellant must deposit with the Clerk repayment of all ordinary and extraordinary arbitration-board fees received in the case.
The appellant shall, at the time of the filing his appeal, repay to the City of Elyria by deposit with the Clerk of Elyria Municipal Court, all ordinary and extraordinary fees received by the members of the arbitration board in the case in which the appeal is taken.
Page 37 | Rule 12: Arbitration
Each party shall deposit $75.00, unless there are more than two parties involved in the arbitration in which case each party shall deposit an equal amount which totals
Each party shall deposit $75.00, unless there are more than two parties involved in the arbitration in which case each party shall deposit an equal amount which totals
Page 38 | Rule 12: Arbitration
$150.00 (if indigent, an affidavit), with the office of the Clerk of Elyria Municipal Court seven (7) days prior to the arbitration. This is a nonrefundable deposit for the payment of the fees of the arbitrators. Failure to make the deposit for the arbitration fee will result in waiver of jury trial.
$150.00 (if indigent, an affidavit), with the office of the Clerk of Elyria Municipal Court seven (7) days prior to the arbitration. This is a nonrefundable deposit for the payment of the fees of the arbitrators. Failure to make the deposit for the arbitration fee will result in waiver of jury trial.
Page 39 | Rule 12: Arbitration
A jury-trial demand must include the filing fee and minimum deposit listed in Appendix B, or an affidavit of indigence; failure to make the deposit waives the right to a jury trial.
A demand for a jury trial shall be accompanied by an initial filing fee and a minimum deposit as outlined in Appendix B, or if indigent an affidavit of indigence. Failure to make the deposit shall be deemed a waiver of the right to trial by jury.
Page 41 | Summoning Jurors
No jury-trial deposit is required in criminal cases.
In criminal cases, no deposit shall be required.
Page 42 | Summoning Jurors
Basic Court Costs/Fees Charged on Small Claim $ Cases 112.00
Basic Court Costs/Fees Charged on Small Claim $ Cases 112.00
Page 50 | Appendix A: Civil Division Fee Schedule
Basic court costs and fees for civil cases are $142.00.
Basic Court Costs/Fees Charged on Civil Cases $ 142.00
Page 50 | Appendix A: Civil Division Fee Schedule
Basic court costs and fees for forcible-entry-and-detainer (eviction) cases are $162.00.
Basic Court Costs/Fees Charged on all Forcible Entry and Detainer Cases (Evictions) $ 162.00
Page 50 | Appendix A: Civil Division Fee Schedule
A $7.00 fee is assessed on every case filed on or after February 1, 2019.
IT IS THEREFORE ORDERED that a fee of $7.00 be assessed on every case filed on or after February 1, 2019, and this money shall be deposited in the Software Improvement Fund.
Page 63 | Court Order
or the Clerk may either decline to process service or require payment of a reasonable copy fee.
or the Clerk may either decline to process service or require payment of a reasonable copy fee.
Page 20 | Rule 11: Case Management Plan (A)(1)(a)
An applicant’s attorney may claim compensation for the service, with priority over other creditors up to $200.
The attorney representing an applicant for trusteeship shall be permitted to include a claim for such service and said claim shall be given prior over all other creditors in an amount not exceeding two hundred dollars ($200).
Page 27 | Case Management in Trusteeships
A party without funds may seek relief from required appeal payments by submitting a written motion and affidavit asserting inability to pay because of poverty.
A party without funds desiring to appeal an award may apply, by written motion and affidavit, to the Judge assigned to the case, averring that by reason of poverty, the party is unable to make the payments required for an appeal. Said motion shall be governed by the Civil Rules of Procedure and the Rules of this Court.
Page 37 | Rule 12: Arbitration
Extraordinary arbitrator fees awarded for an unusually long or complex arbitration are taxed as costs, with the assigned Judge directing their allocation among the parties by journal entry.
In the case of an award of extraordinary fees to the arbitrators due to an arbitration of unusual duration or complexity as provided in section (C)(6)(a), above, the extraordinary fee allowed above the original $150.00 deposit shall be taxed as costs and the assigned Judge shall direct by journal entry how the extraordinary fee shall be assessed to the parties.
Page 39 | Rule 12: Arbitration
Out-of-town sheriff service requires a $40.00 deposit.
Out of Town Sheriff Service - requires deposit $ 40.00
Page 50 | Appendix A: Civil Division Fee Schedule
Additional service by regular mail costs $10.00 per defendant.
Additional Service Requested - Each Defendant Regular Mail $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
Motions other than motions for default judgment cost $30.00.
All Motions except Default Judgment $ 30.00
Page 50 | Appendix A: Civil Division Fee Schedule
The juror fee for a half day is $10.00.
Juror - Half Day $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
An objection to a magistrate decision in other civil cases costs $50.00.
Objection to Magistrate Decision - All other Civil Cases $ 50.00
Page 50 | Appendix A: Civil Division Fee Schedule
The appraiser fee is $15.00.
Appraiser Fee $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
The venire fee is $2.00 per person.
Venire - Per Person $ 2.00
Page 50 | Appendix A: Civil Division Fee Schedule
Copies of 21–30 pages of court records cost $1.00.
21-30 pages (court records only) $ 1.00
Page 50 | Appendix A: Civil Division Fee Schedule
A transcript costs $20.00.
Transcript $ 20.00
Page 50 | Appendix A: Civil Division Fee Schedule
Electronic or fax filing costs $3.00.
Electronic/Fax Filing $ 3.00
Page 50 | Appendix A: Civil Division Fee Schedule
A motion to continue costs $15.00.
Motion to Continue $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
The special magistrate fund component of basic court costs is $4.00.
Special Magistrate Fund $ 4.00
Page 50 | Appendix A: Civil Division Fee Schedule
The civil clerk fee component of basic court costs is $25.00.
Clerk Fee (Civil) $ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
The special probation fund component of basic court costs is $1.00.
Special Probation Fund $ 1.00
Page 50 | Appendix A: Civil Division Fee Schedule
A trial costs $15.00.
Trial $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
The legal research and court computerization component of basic court costs is $3.00.
Legal Research & Court Computerization $ 3.00
Page 50 | Appendix A: Civil Division Fee Schedule
Additional service by certified mail costs $15.00 per defendant.
Certified Mail $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
Each additional defendant is charged $10.00 in the listed basic-cost schedule.
Each Additional Defendant $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
The small-claims legal aid fee component of basic court costs is $11.00.
Legal Aid Fee (Small Claims) $ 11.00
Page 50 | Appendix A: Civil Division Fee Schedule
The GPS monitor fund component of basic court costs is $3.00.
GPS Monitor Fund $ 3.00
Page 50 | Appendix A: Civil Division Fee Schedule
Witness fees for a half day are $6.00.
Witness Fees - Half Day $ 6.00
Page 50 | Appendix A: Civil Division Fee Schedule
The forcible-entry-and-detainer clerk fee component of basic court costs is $45.00.
Clerk Fee (FED) $ 45.00
Page 50 | Appendix A: Civil Division Fee Schedule
The clerk's office computerization component of basic court costs is $20.00.
Computerization of Clerk's Office $ 20.00
Page 50 | Appendix A: Civil Division Fee Schedule
A bench warrant or capias, plus mileage, costs $50.00.
Bench Warrant - Capias (plus mileage) $ 50.00
Page 50 | Appendix A: Civil Division Fee Schedule
The clerk charges a two-percent fee on money received and disbursed toward satisfying judgments, including trusteeship.
A fee of two percent (2%) shall be charged by the clerk upon monies received and disbursed toward the satisfaction of judgments including Trusteeship.
Page 50 | Appendix A: Civil Division Fee Schedule
An attachment of money costs $40.00.
Attachment of Money $ 40.00
Page 50 | Appendix A: Civil Division Fee Schedule
An exemplified copy costs $20.00.
Exemplified Copy $ 20.00
Page 50 | Appendix A: Civil Division Fee Schedule
A videotape copy or viewing costs $25.00.
Video Tape Fee, Copy or Viewing $ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
Wage garnishment costs $95.00, including the $11.00 clerk fee and all other basic court costs except legal aid.
Garnishment of Wages $ 95.00 ** ** Includes $11.00 Clerk Fee and all other Basic Court Costs except Legal Aid
Page 50 | Appendix A: Civil Division Fee Schedule
The civil legal aid fee component of basic court costs is $26.00.
Legal Aid Fee (Civil) $ 26.00
Page 50 | Appendix A: Civil Division Fee Schedule
The court security fund component of basic court costs is $16.00.
Court Security Fund $ 16.00
Page 50 | Appendix A: Civil Division Fee Schedule
An alias summons served by regular mail costs $10.00 per defendant.
Alias Summons - Each Defendant Regular Mail $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
Calling jurors costs $10.00.
Calling Jurors $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
The software improvement fund component of basic court costs is $8.00.
Software Improvement Fund $ 8.00
Page 50 | Appendix A: Civil Division Fee Schedule
Data on diskette for 12 or more months costs $210.00.
Data on Diskette 12 or more months $ 210.00
Page 50 | Appendix A: Civil Division Fee Schedule
A certificate of judgment costs $10.00.
Certificate of Judgment $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
Each additional defendant on a cross-claim costs $10.00.
- Each Additional Defendant $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
A notice of appeal costs $50.00.
Notice of Appeal $ 50.00
Page 50 | Appendix A: Civil Division Fee Schedule
A docket on diskette or emailed for one month costs $15.00.
Docket on Diskette or emailed, one month $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
A cross-claim costs $30.00.
Cross Claim $ 30.00
Page 50 | Appendix A: Civil Division Fee Schedule
The special fund for recovery court component of basic court costs is $2.00.
Special Fund for Recovery Court $ 2.00
Page 50 | Appendix A: Civil Division Fee Schedule
Transferring a small-claims case to the civil docket costs $40.00.
Transfer Small Claims to Civil Docket $ 40.00
Page 50 | Appendix A: Civil Division Fee Schedule
Bank aid costs $40.00.
Bank Aid $ 40.00
Page 50 | Appendix A: Civil Division Fee Schedule
A certified copy costs $1.00.
Certified Copy $ 1.00
Page 50 | Appendix A: Civil Division Fee Schedule
Each additional 10 pages after the first 40 pages of court records costs $1.00.
every 10 pages after 40 (court records only) $ 1.00
Page 50 | Appendix A: Civil Division Fee Schedule
An objection to a magistrate decision in a small-claims or eviction case costs $25.00.
Objection to Magistrate Decision - Small Claims and Eviction cases$ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
Subpoenas plus mileage cost $10.00.
Subpoenas + Mileage $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
Additional personal or residence service costs $25.00 per defendant.
Personal or Residence Service $ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
A third-party complaint costs the same as basic civil fees, listed as $142.00.
Third Party Complaint (same as Basic Civil fees) $ 142.00
Page 50 | Appendix A: Civil Division Fee Schedule
Transferring a judgment from another court costs $97.00.
Transfer of Judgment from another Court $ 97.00
Page 50 | Appendix A: Civil Division Fee Schedule
Each additional defendant on an amended complaint costs $10.00.
Each Additional Defendant $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
Witness fees for a full day are $12.00.
Witness Fees - Full Day $ 12.00
Page 50 | Appendix A: Civil Division Fee Schedule
An execution to keep a judgment alive costs $5.00.
Execution to Keep Judgment Alive $ 5.00
Page 50 | Appendix A: Civil Division Fee Schedule
Second and subsequent pretrials cost $15.00.
Pretrial - Second, Third, etc $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
A request for jury trial or jury demand costs $15.00.
Request for Jury Trial - Jury Demand $ 15.00
Page 50 | Appendix A: Civil Division Fee Schedule
The special facility improvement fund component of basic court costs is $31.00.
Special Facility Improvement Fund $ 31.00
Page 50 | Appendix A: Civil Division Fee Schedule
An attachment before judgment costs $10.00.
Attachment before Judgment $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
A certificate of mailing costs $10.00.
Certificate of Mailing $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
Canceling jurors costs $2.00 per name.
Cancel Jurors, each name $ 2.00
Page 50 | Appendix A: Civil Division Fee Schedule
The special court maintenance fund component of basic court costs is $2.00.
Special Court Maintenance Fund $ 2.00
Page 50 | Appendix A: Civil Division Fee Schedule
The copy fee for electronic or fax filing is $3.00.
Electronic/Fax Filing - Copy Fee $ 3.00
Page 50 | Appendix A: Civil Division Fee Schedule
The arbitration fee is $75.00.
Arbitration Fee $ 75.00
Page 50 | Appendix A: Civil Division Fee Schedule
A personal examination plus mileage costs $25.00.
Personal Examination + Mileage $ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
An attachment of property costs $200.00.
Attachment of Property $ 200.00
Page 50 | Appendix A: Civil Division Fee Schedule
The juror fee for a full day is $25.00.
Juror - Full Day $ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
A motion for default judgment costs $10.00.
Motion for Default Judgment $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
The small-claims clerk fee component of basic court costs is $10.00.
Clerk Fee (Small Claims) $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
An execution to levy on property costs $65.00.
Execution to Levy on Property $ 65.00
Page 50 | Appendix A: Civil Division Fee Schedule
Each additional defendant on a counterclaim costs $10.00.
-Each Additional Defendant $ 10.00
Page 50 | Appendix A: Civil Division Fee Schedule
The special electronic messaging fund component of basic court costs is $1.00.
Special Electronic Messaging Fund $ 1.00
Page 50 | Appendix A: Civil Division Fee Schedule
Filing an amended complaint costs $30.00.
Amended Complaint $ 30.00
Page 50 | Appendix A: Civil Division Fee Schedule
A certificate to the Bureau of Motor Vehicles costs $25.00.
Certificate to Bureau of Motor Vehicles $ 25.00
Page 50 | Appendix A: Civil Division Fee Schedule
A counterclaim costs $30.00.
Counter Claim $ 30.00
Page 50 | Appendix A: Civil Division Fee Schedule
A financial disclosure costs $20.00.
Financial Disclosure $ 20.00
Page 50 | Appendix A: Civil Division Fee Schedule
Copies of 31–40 pages of court records cost $2.00.
31-40 pages (court records only) $ 2.00
Page 50 | Appendix A: Civil Division Fee Schedule
The GPS Monitor Fund charge is $3 in each listed category.
GPS Monitor Fund $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00
Page 51 | Basic Court Costs Breakdown
Pre-Motion Conference Requirements
Unless the court orders otherwise, opposition memoranda for the specified non-dispositive procedural motions are due within seven days.
Unless otherwise ordered, the schedule for filing memoranda in opposition to a motion shall be as follows: i) seven (7) days for motions regarding parties, pleadings, discovery, scheduling or otherwise pertaining to the regulation of proceedings, except for motions that fully dispose of a claim or a party;
Page 21 | (3)(b) Reply Memoranda
Opposition memoranda for motions that may fully dispose of a claim or party, including the listed motion types, are due within thirty days unless the court orders otherwise.
ii) thirty (30) days for motions that may fully dispose of a claim or a party, including, motions to dismiss or summary judgment, or for judgment on the pleadings;
Page 21 | (3)(b) Reply Memoranda
Default judgment motions are set for hearing before the Magistrate, and the movant must attend unless supporting documents and affidavits are submitted in lieu of appearing.
Motions for default judgment will be set for hearing before the Magistrate. Movant is required to attend said hearing unless, as provided below, supporting documents and affidavits are submitted in lieu of appearance.
Page 22 | (3)(c) Default Motions
Reply or additional memoranda may be filed only with leave of court and a showing of necessity.
iii) reply or additional memoranda may be filed only with leave and upon a showing of necessity; and
Page 22 | (3)(b)(iii)
Unless set by the court or required by law, oral argument on motions and evidentiary hearings are permitted only upon written request and a showing of necessity.
iv) if not set by the Court or required by law, oral arguments on motions and evidentiary hearings will be permitted only upon written request and upon a showing of necessity.
Page 22 | (3)(b)(iv)
Failure by a movant to appear at hearing on a motion may result in dismissal of the motion.
Failure by a movant to appear at hearing on a motion may result in dismissal of the motion.
Page 22 | (3)(b)(iv)
Motions must be set for oral hearing unless the Court orders otherwise.
Motions shall be set for oral hearing, unless otherwise ordered by the Court.
Page 29 | Motions
Adjournment & Extension Requirements
Except in special proceedings, a party not ready to move or plead by the answer day will receive one 30-day extension upon applying to the Court on or before that day.
When a party is not prepared to move or plead by the answer day, one extension of thirty (30) days will be granted upon application to the Court on or before the answer day.
Page 20 | Rule 11: Case Management Plan (A)(1)(c)
Continuance requests must be made before the scheduled hearing time with notice to the opposing side; unless a granting journal entry or rescheduled date is received, all parties must attend.
(a) All requests for continuances shall be made prior to the scheduled hearing time with notice given to the opposing side. Unless a journal entry granting such request or a rescheduled date is received, all parties shall be present for the hearing.
Page 29 | Motions
A request to continue an arbitration hearing must be made by formal motion to the assigned Judge under Civil Rule 7(B), and only that Judge may grant it.
(2) Continuances: All requests for continuation of an arbitration hearing shall be addressed to the Judge assigned to the case and shall be by formal motion in compliance with Civil Rule 7(B). Only the assigned Judge may grant a continuance.
Page 33 | (2) Continuances
Except in special proceedings, one additional 30-day leave may be granted for good cause with the opposing party’s consent; consent alone is not good cause.
For good cause shown, one additional thirty (30) day leave may be had with the consent of the opposing party, which alone shall not be deemed good cause.
Page 20 | Rule 11: Case Management Plan (A)(1)(c)
The parties may have one continuance by agreement if further discovery or negotiations before pretrial may lead to settlement or make the pretrial conference more productive.
one continuance may be had by agreement of the parties on grounds that further discovery or negotiations prior to pretrial may result in settlement or render the pretrial conference more productive.
Page 24 | Pretrial Conference
If the case is not resolved at the pretrial conference, it must be set for trial, although the assigned Judge may continue the conference for good cause.
(b) If the case is not resolved at the pretrial conference, the case shall be set for trial, except that the assigned Judge may, for good cause, continue the pretrial conference.
Page 29
Chambers Communication Rules
An attorney on the list must have a working phone with an assistant or voicemail to respond to calls from the Court or the client.
(e) The attorney shall have a working phone with an assistant/or voicemail to be able to respond to calls from the Court or the client.
Page 18 | (C) Appointment List, Application
An attorney on the list must keep the Court informed of their address and phone number at all times.
The attorney shall keep the Court informed of his/her address and phone number at all times.
Page 18 | (C) Appointment List, Application
Each party and attorney must notify the Court of a settlement, address change, or other change in the parties’ or subject matter’s status; the excerpt ends before completing the final phrase.
Each party and each party’s attorney is charged with the duty to notify the Court of any settlement, change of address or other change in the status of the parties or subject matter of the
Page 20 | Rule 11: Case Management Plan (A)(2)(a)
The Clerk’s and Judges’ offices are open to the public during specified weekday hours and are closed on holidays.
The offices of the Clerk shall be open between the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. The offices of the Judges shall be open to the public between the hours of 8:30 a.m. to Noon and 1:30 p.m. to 4:00 p.m. Monday through Friday. The offices of the Clerk and the offices of the Judges shall be closed on holidays.
Page 5 | Rule 1: Hours