Euclid Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Except in forcible-entry-and-detainer or replevin actions, one extension of up to 30 days may be obtained by application without notice; later extensions require court approval, notice, and good cause, and opposing-party consent alone is insufficient.
- For a remote proceeding, the Court may continue the matter and require an in-person appearance if it determines one is necessary.
- A continuance request is not granted unless and until the Court formally rules on it.
- +2 more
Request must include
- A motion to continue trial must be filed and served at least 14 days before trial, absent emergency circumstances.
- Continuance motions must be filed at least 48 hours before the hearing; they may be faxed or emailed, but a continuance is not granted until the Court rules on it.
Communication
Document Format Requirements8 rules
All requests for audio taped copies of court proceedings shall be made in writing.
The summons shall be phrased to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail.
All pleadings and motions shall be legibly typewritten or printed on 8 1/2 "by 11" paper.
- Paper size
- Letter
- Pleading
- Motion
Formatting
- •Legibly typewritten or printed
All motions must be in writing
Any party relying upon video or audio evidence must submit a copy of the video or audio to the Court on a flash drive.
All parties are required to bring copies of any evidence that will be submitted to the Court. Court employees will not make copies of a party's evidence.
The electronically produced ticket shall conform in all substantive respects to the "Ohio Uniform Traffic Ticket" set forth in the Ohio Traffic Rules Appendix of Forms.
Affidavits and orders in aid of execution proceedings shall be typed
Document Filing Requirements54 rules
A written request to remove a file must state the case caption and number, destination, reason, and date and time of removal.
Court's wording
Any person seeking to remove a file from the office of the Clerk of Court must submit such a request in writing indicating the case caption, case number, destination of the file, the reason for the removal and the date and time thereof.
After appearing, an attorney may withdraw only with court leave for good cause, after filing a written motion that is served on the client and includes the client's address and method of service.
Court's wording
Once an • appearance is made, an attorney may only withdraw from a case with leave of court for good cause shown after filing a written motion for leave. Counsel seeking permission to withdraw must serve his or her clients) with a copy of any motion for leave to withdraw and must include a certification in the motion identifying the address of the clients) and the method of service.
The representation of indigence through the filing of a poverty affidavit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceeding.
The person filing a document by fax shall also provide a cover page containing the following information:
A fax filing is accepted as the original, but the sender must retain the source document and make it available on request with original signatures and the original fax cover sheet until the case and all appeal opportunities are concluded.
Court's wording
A document filed by fax shall be accepted as the original filing. The sender shall not be required to file the original document but must maintain the same for the sender's records. Such copy must be available for production upon request of the Court with original signatures and with the original copy of the facsimile cover sheet. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.
G. Each exhibit to a facsimile produced document that cannot be accurately transmitted must be replaced by an insert page describing the exhibit and why it is missing.
A fax filing of a signed source document must include either the signed document or an unsigned version marked “s/” with the signer's name, and the filer represents that the physically signed original is in their possession or control.
Court's wording
F. A party filing a signed source document by fax shall either fax a copy of the signed source document, or the document without the signature but with the notation "s/" followed by the name of the signing person signature appears on the signed source document. The individual filing a signed document by tax represents that a physically signed source document is in such party's possession or control.
A separately filed missing exhibit must have the specified cover sheet and must be signed and served under the rules governing pleadings.
Court's wording
(2). Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection (D) of this rule, and shall be signed and served in conformance with the rules governing the signing of service of pleadings in the Court.
A fax filing cover page must provide the listed case, document, transmission, filer, and cost-submission information, where applicable.
Court's wording
1. The name of the Court; 2. The title of the case; 3. The case number; 4. The title of the document being filed; 5. The date of transmission; 6. The transmitting fax number; 7. An indication of the number of pages included in the transmission, including the cover page; 8. An indication that a judge or case number has not been assigned, if applicable; 9. The name, address, telephone number, fax number, and, if available, the ' email address of the person transmitting the document; 10. For an attorney, his or her Ohio Supreme Court registration number and firm name, if any; and 11. A statement explaining the manner in which costs are being submitted, if applicable.
A. Any requests for permission to broadcast, record, photograph or televise Courtroom proceedings shall be submitted in writing to the Clerk of Court as far in advance as is reasonably practical, but in no event later than one half (1/2) hour prior to the start of the proceedings sought to be broadcast or photographed, unless otherwise permitted by the Judge.
The summons shall also clearly explain how and when the recipient must respond and the consequences of his failure to respond.
Unless in the case of exigent circumstances or for good cause showing, all requests for excuse, exemption or deferral must be made in writing and shall be accompanied by appropriate documentation.
To be eligible to be placed on the Assigned Counsel List, an attorney must submit an application demonstrating the following minimum qualifications: 1. Admitted by the Ohio Supreme Court to practice in Ohio; 2. In good standing with the Ohio Supreme Court; and, 3. Proof of legal malpractice insurance.
Unrepresented litigants must identify themselves as pro se on every filing and include their full name, signature, address, telephone number, and email address.
Court's wording
Litigants not represented by an attorney licensed by the State of Ohio shall be designated 'pro se'. Pro se litigants shall designate this capacity on all documents filed in this Court and shall include their full name, signature, address, telephone number and e-mail address.
The complaint shall state in the caption the general nature of the action.
- Document
- Complaint
- Placement
- Caption
Subsequent pleadings and motions shall state the case number, the name of the first party plaintiff and the first party defendant.
- Document
- Subsequent pleading or motion
Must include
- •Case number
Each filing must have a title and the specified identifying and contact information for the filing attorney or, if unrepresented, the filing party.
Court's wording
Every pleading, motion, brief or other filing shall be identified by title and include the name of the individual attorney, firm, if any, attorney registration number, office address, telephone number and email address of the attorney filing or if there is no attorney representing the party then the party shall include the name, address, phone number and email address of the party filing the same.
The caption in every complaint shall state the name and address, if known, of each party.
- Document
- Complaint
- Placement
- Caption
All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rule of Court shall attach a copy of the statute or regulation. Copies of unreported cases cited or referred to in a motion or brief shall also be attached.
All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon.
If the motion requires the consideration of facts not appearing in the record, the novant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.
Oral arguments of motions will be permitted only upon written application to and order by the Court.
The moving party shall serve and file with a brief written statement of the reasons in support and a list of citations of the authorities on which the movant relies.
If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.
Reply or additional briefs upon motions may be filed only with leave of Court.
The briefs shall relate to the issues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial.
The avoidance of trial by settlement shall be allowed without the filing of a journal entry, provided that notice has been received by the Court prior to the trial that the case has been settled and that the settlement agreement and/or entry is forthcoming.
All motions must be in writing and be accompanied by a memorandum containing citations, legal arguments and affidavits.
Briefs in opposition shall contain citations and legal arguments.
- Document
- Opposition
Must include
- •Citations and legal arguments
Prevailing counsel shall submit a written motion for default judgment and the Court may set the matter for hearing or prepare a journal entry.
A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the Court.
Counsel for the moving party shall submit a proposed journal entry.
The complaint shall be accompanied by evidence of current proof of ownership of the property and a copy of the Notice to Vacate.
No oral hearing will be granted unless specifically requested in writing and ordered by the Court.
The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled and include a transcript of the proceeding or evidence as more fully described in Ohio Civil Rule 53.
An objection to a factual finding must be supported by a transcript of the relevant evidence or, if a transcript is unavailable, an affidavit of that evidence.
Court's wording
An objection to a factual finding, whether or not specifically designated as a finding of fact, shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that finding of fact or an affidavit of that evidence if a transcript is not available.
Objections shall be specific and state with particularity the grounds for the objection.
The objecting party shall file the transcript within seven (7) days of the filing of the Magistrate's Decision.
All motions shall be made in writing and accompanied by a written memorandum containing citations and argument by counsel.
When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten (10) days unless otherwise ordered by the Court, prepare a proper journal entry and submit it to opposing counsel, who shall approve or reject the same within seven (7) days after receipt thereof and may file objections with the Court.
If opposing counsel fails to approve the entry within the time period, the entry shall be submitted to the Court, which shall make any necessary corrections and order its entry.
In the event the demand for a jury trial is waived, such waiver must be in writing.
In every case in which an electronically produced ticket is used the law enforcement agency shall file the exact copy of the citation served upon the defendant with the Clerk's office.
No person, other than the Clerk of Court or a deputy clerk may enter satisfaction of judgment upon the records of the Court.
For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Court by testimony or affidavit.
For cases based upon an account, the plaintiff is required to show that there have been no subsequent payments or credits on the account.
A Motion for Default must be accompanied by a properly executed certificate of service.
- Document
- Motion for default
Must include
- •Certificate of service
Court's wording
Any party that has appeared in an action, even if a formal responsive pleading or motion has not been filed, shall be served the Motion for Default and a properly executed certificate of service must accompany the motion.I
After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court. Failure to give written notice of settlement and non-appearance of the parties, shall subject the action to dismissal by the Court at plaintiff's costs.
The affidavit must be executed by a person with personal knowledge of the contents of the affidavit. An attorney for the moving party may not be the affiant for an affidavit for proof of damages.
Noncomplying papers may be stricken, but the Clerk may waive the requirement for good cause in the specified cases involving an unrepresented party.
Court's wording
Any pleading, motion, brief or other paper not filed in accordance with this rule may be grounds for striking the non-complying document from the Court's file. For good cause shown, the Clerk of Court is authorized to waive this requirement for cases involving small claims, forcible entry and detainer or other types of cases or proceedings when the party is not represented by counsel.
If the prevailing party fails to furnish such entry to opposing counsel, the Clerk upon written application of the non-prevailing party, shall call the case to the attention of the Court, which may dismiss the case for want of prosecution or make such other order as may be proper under the circumstances.
If there are multiple damages, a listing of all damages and credits, if any, should be filed with the Court to expedite the default proceeding, either as part of the motion for default, as an exhibit or by separate document.
Uncertified documents, not accompanied by an affidavit or testimony, may not be considered as proof of damages.
Further, all prospective jurors may be required to complete a jury questionnaire and, if appropriate, may make a request for excuse, exemption or a deferral.
Filing & Service rules
Electronic Filing Rules
Most pleadings, motions, and other documents of no more than 20 pages, including the cover page, may be filed by fax; original complaints and pleadings adding a new party are excluded.
All pleadings, motions, or other documents other than the original complaint or any other pleading that adds a new party, and which do not excess twenty (20) pages in length, inclusive of the cover page, may be transmitted to the Court by facsimile transmission.
Page 4 | RULE 6 - FILING BY FACSIMILE TRANSMISSION
Fax filings may be transmitted only directly through the Clerk's fax equipment and may be sent directly to the Court for filing.
(1). Fax filing may only be transmitted directly through the facsimile equipment operated by the Clerk and may be sent directly to the Court for filing.
Page 6 | Filing by Facsimile Transmission
The Court authorizes 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 is hereby authorized in the Euclid Municipal Court.
Page 21 | Pre-Trial Procedure
Continuance motions may be submitted to the Court by fax or email.
Said motions may be faxed or e-mailed to the Court
Page 21 | Pre-Trial Procedure
Filing Timing and Cure Windows
A file removed from the Clerk's Office must be returned within 24 hours of removal.
Any files removed from the Clerk of Court's office shall be returned to said office within twenty-four (24) hours of removal.
Page 3 | RULE 3 - WITHDRAWAL OF FILES
An accepted fax filing is deemed filed when the Clerk time-stamps it as received, not when it was transmitted.
H. Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed as of the date and time the Clerk time-stamps the document received, rather than as of the date and time of the fax transmission.
Page 5 | Filing by Facsimile Transmission
Unless the Court orders otherwise, a missing exhibit must be filed separately within five days after fax transmission; failure may result in the Court striking the document or exhibit.
(1). Unless otherwise directed by Court order, the missing exhibit shall be filed as a separate document not later than five (5) days following the transmission of the fax document. Failure to file the same may result in the court striking the document and /or exhibit in its sole discretion.
Page 5 | Filing by Facsimile Transmission
A media-permission request must be submitted as early as reasonably practical and at least 30 minutes before the proceeding, unless the Judge permits otherwise.
A. Any requests for permission to broadcast, record, photograph or televise Courtroom proceedings shall be submitted in writing to the Clerk of Court as far in advance as is reasonably practical, but in no event later than one half (1/2) hour prior to the start of the proceedings sought to be broadcast or photographed, unless otherwise permitted by the Judge.
Page 6 | RULE 10 - MEDIA
Unless the Court orders otherwise, summary-judgment motions must be heard without oral argument on briefs and authorized Rule 56(C) materials within 45 days after service on the opposing party.
Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and other material authorized by Civil Rule 56 (C) without oral argument within forty-five (45) days after service of the motion upon opposing party.
Page 12 | RULE 16 - HEARING AND SUBMISSION OF MOTIONS
Responses to summary-judgment motions must be served and filed within 28 days after service, unless the Court orders otherwise.
Responses to motions for summary judgment shall be served and filed within twenty-eight days after service of the motion unless otherwise ordered by the Court.
Page 12 | RULE 16 - HEARING AND SUBMISSION OF MOTIONS
An application for an extension of time must be filed no later than one day before the due date.
Applications for extensions of time shall be filed no later than one (1) day prior to the due date.
Page 12 | RULE 15 - LEAVE TO MOVE OR PLEAD
Responses to written motions other than summary-judgment motions must be served and filed within 14 days after service, unless the Court orders otherwise.
Responses to a written motion, other than motions for summary judgment, shall be served and filed within fourteen days after service of the motion unless otherwise ordered by the Court.
Page 12 | RULE 16 - HEARING AND SUBMISSION OF MOTIONS
If the settlement entry is not received within twenty days, the Clerk must notify the plaintiff that the case will be dismissed unless the entry is received within ten days.
If the entry has not been received within twenty (20) days, the clerk shall notify the plaintiff that the case will be dismissed, unless the entry is received within ten (10) days.
Page 16 | B. General Civil Cases
All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion. A brief in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time. Motions requiring immediate attention will be ruled on earlier.
All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion. A brief in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time. Motions requiring immediate attention will be ruled on earlier.
Page 16 | B. General Civil Cases
Summary-judgment opposition briefs must be filed within twenty-eight days after service; the motion is considered submitted at the end of that period unless the Court extends the time.
All briefs in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time.
Page 16 | B. General Civil Cases
Settlement entries may be filed at any time and need not be filed immediately, but must be filed within 30 days or the case will be dismissed for want of prosecution.
Entries of settlement may be filed at any time. Settlements are encouraged and shall be allowed without the immediate filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 17 | Trial
A case becomes eligible for default judgment 45 days after the complaint is filed if no answer has been filed.
A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed.
Page 17 | Trial
If a party timely files objections, any other party may file objections no later than 10 days after the first objections are filed.
If any party timely files objections, any other party may also file objections not later than ten days after the first objections are filed.
Page 18 | C. Small Claims Cases
A written jury-trial demand in a forcible-entry-and-detainer action must be filed at least 7 days before the hearing date.
A written demand for a jury trial on a forcible entry and detainer action must be filed with the Court not less than seven (7) days prior to the date set for hearing on the action.
Page 18 | D. Forcible Entry & Detainer (Eviction) Cases
A party may file written objections to the Magistrate’s Decision within 14 days, as described in Ohio Civil Rule 53.
Each party may file objections to the Magistrate's Decision within fourteen (14) days in writing as described in Ohio Civil Rule 53.
Page 18 | C. Small Claims Cases
When the judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to purchase a writ.
where the judgment is more than thirty (30) days old but less than sixty (60) days old, plaintiff must file a Motion for Leave to Purchase a Writ and serve a copy of the motion on the defendant(s).
Page 19 | Forcible Entry and Detainer cases
A party may file objections to the Magistrate’s Decision within seven days after it is filed.
A party may file objections to the Magistrate's Decision in a Forcible Entry and Detainer case within seven (7) days of the filing of the Magistrate's Decision.
Page 19 | Objections to Magistrate's Decision in Forcible Entry and Detainer cases
The objecting party must file the transcript within seven days after the Magistrate’s Decision is filed.
The objecting party shall file the transcript within seven (7) days of the filing of the Magistrate's Decision.
Page 20 | Objections to Magistrate's Decision in Forcible Entry and Detainer cases
When default judgment is available because the defendant failed to answer or appear, the plaintiff’s failure to demand default judgment within 60 days after notice of default constitutes cause for dismissal for want of prosecution.
In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure of such party to make demand for judgment by default under Rule 55(A) of the Ohio Rules of Civil Procedure within sixty (60) days from the time that plaintiff has notice of defendant's . default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.
Page 22 | RULE 22 - DEFAULTS / DISMISSALS BY COURT
An order in aid of execution must set the parties’ attendance date at least ten days after the order.
The order in aid of execution shall provide for the attendance of the parties named therein on a date not less than ten (10) days from the date of such order.
Page 23 | RULE 27 - PROCEEDINGS IN AID OF EXECUTION
If a fax is sent without the required cover-page information, the Clerk may file it or place it among failed documents, in which case it is not considered filed.
E. In the event a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may file and enter the document in the docket and file the document, or deposit it in a file of failed documents with the notation of the reason for failure. In the later event, the document shall not be considered filed with the Clerk.
Page 5 | Filing by Facsimile Transmission
The Clerk's office is deemed open to receive fax filings on regular Court business days and during the times specified in Rule 1.
The Clerk's office shall be deemed open to receive facsimile transmission of documents on the days that the Court is regularly open for business and during the times set forth in Rule 1.
Page 5 | Filing by Facsimile Transmission
A movant may serve and file a reply within seven days after service of the response to a written motion.
A movant's reply to a response to any written motion may be served and filed within seven days after service of the response to the motion.
Page 12 | RULE 16 - HEARING AND SUBMISSION OF MOTIONS
If the Court determines trial briefs are necessary, it may set their submission date no later than seven days before trial.
The Court may determine the necessity for trial briefs and schedule a date no later than seven (7) days prior to the trial for their submission.
Page 16 | B. General Civil Cases
Service and Proof of Service Rules
After counsel appears, filed documents and court orders must be served on designated counsel of record.
Upon the entry of appearance of counsel, all documents filed with the Court and all Court orders shall be served upon the designated counsel of record.
Page 3 | RULE 4 - APPEARANCE AND WITHDRAWAL OF COUNSEL
Counsel seeking leave to withdraw must serve the client with a copy of the motion.
Counsel seeking permission to withdraw must serve his or her clients) with a copy of any motion for leave to withdraw
Page 3 | RULE 4 - APPEARANCE AND WITHDRAWAL OF COUNSEL
A separately filed missing exhibit must be served in accordance with the rules governing service of pleadings.
(2). Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection (D) of this rule, and shall be signed and served in conformance with the rules governing the signing of service of pleadings in the Court.
Page 5 | Filing by Facsimile Transmission
Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date.
All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 8 | RULE 12 - JURY STANDARDS
Court filings must be served on the prosecutor or opposing counsel or party under the cited rules, and the filed document must show proof of service or it may be stricken.
All documents filed with the Court must be served on the prosecutor or opposing counsel or party in accordance with Civil Rule 5 and Criminal Rule 49. Failure to show proof of service on the document filed shall be grounds for striking the document from the Court's record.
Page 11 | RULE 14 - PLEADINGS AND MOTIONS
Notice of a civil pre-trial hearing must be mailed to counsel or all parties at least 21 days before the hearing.
Notice of the pre-trial hearing in a civil case shall be given to counsel or all parties, by mail, not less than twenty-one (21) days prior to the date of the pre-trial hearing.
Page 13 | RULE 18 - PRE-TRIAL PROCEDURE
When ordered, trial briefs must be delivered to the Court and other counsel at least two business days before trial by ordinary mail or email, with proof of service appended.
Where a trial brief is required by Court order, counsel for each party shall deliver a copy to the Court and all other counsel at least two (2) business days prior to commencement of trial. Delivery may be made by ordinary mail or electronic mail with a proof of service appended to each brief.
Page 13 | RULE 19 - TRIAL BRIEFS
In civil jury cases, counsel for all parties must furnish the Court a brief of the issues and law for the jury charge at least seven days before trial.
In all civil jury cases, counsel for all parties shall at least seven (7) days prior to the date of trial, furnish to the Court a brief of the issues and the law they expect the Court to present to and charge the jury.
Page 13 | RULE 19 - TRIAL BRIEFS
Proposed trial briefs and jury instructions must be exchanged with opposing counsel when filed.
All proposed trials briefs and jury instructions are required to be exchanged with opposing counsel at the time of filing.
Page 13 | RULE 19 - TRIAL BRIEFS
Summonses must be prepared and served under the Ohio Rules of Civil Procedure; after service fails, the Clerk must notify counsel, and failure to obtain service within six months triggers notice of dismissal in ten days unless good cause is shown.
The summons shall be prepared and served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service within six (6) months from the date the cause of action has been filed, the Clerk shall notify counsel that the cause will be dismissed in ten (10) days unless good cause is shown.
Page 15 | B. General Civil Cases
Opposition briefs other than summary-judgment oppositions must be served within fourteen days after service of the motion.
All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion.
Page 16 | B. General Civil Cases
Summary-judgment opposition briefs must be served within twenty-eight days after service of the motion.
All briefs in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion.
Page 16 | B. General Civil Cases
The Magistrate must issue a report and recommendation within 10 days of the hearing and serve a copy on both parties.
The Magistrate shall issue a report and recommendation within ten (10) days of the hearing and serve both parties with a copy.
Page 17 | C. Small Claims Cases
Summons in forcible-entry-and-detainer cases must be served in accordance with Ohio Revised Code Section 1923.06.
Summons in forcible entry & detainer cases will be served in accordance with the Ohio Revised Code Section 1923.06.
Page 18 | D. Forcible Entry & Detainer (Eviction) Cases
The plaintiff must serve the motion for leave to purchase a writ on the defendants.
where the judgment is more than thirty (30) days old but less than sixty (60) days old, plaintiff must file a Motion for Leave to Purchase a Writ and serve a copy of the motion on the defendant(s).
Page 19 | Forcible Entry and Detainer cases
When an electronically produced ticket is issued at the scene, the issuing officer must serve the defendant as required by Ohio Traffic Rule 3(E).
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant as required by Rule 3(E) of the Ohio Traffic Rules.
Page 21 | Pre-Trial Procedure
A party that has appeared must be served with the Motion for Default, even without a formal responsive pleading or motion, and the motion must include a properly executed certificate of service.
Any party that has appeared in an action, even if a formal responsive pleading or motion has not been filed, shall be served the Motion for Default and a properly executed certificate of service must accompany the motion.I
Page 22 | RULE 22 - DEFAULTS / DISMISSALS BY COURT
For a statutory demand sent or attempted by registered or certified mail, the sender must provide an affidavit and the specified mailing receipt or proof.
Where such demand is served or attempted to be served by registered or certified mail, proof of such service shall be made by the affidavit of the person sending the demand. Such demand shall also be accompanied by the signed registered or certified mail receipt or proof of refusal of service or by a photocopy thereof, or the certified mail envelope endorsed "unclaimed."
Page 23 | RULE 26 - STATUTORY DEMANDS
For personal service or service at the debtor’s usual residence, the server must prove service by affidavit.
Where the statutory demand is served personally or by leaving it at the debtor's usual place of residence, proof of service shall be made by the affidavit of the person serving the same.
Page 23 | RULE 26 - STATUTORY DEMANDS
Sufficient copies of the affidavit and order must be provided for service on the garnishee and defendants who must be served.
sufficient copies of the affidavit and order shall be furnished for service upon the garnishee and such defendants as are required to be served.
Page 23 | RULE 27 - PROCEEDINGS IN AID OF EXECUTION
The affidavit filing must include a copy of the statutory demand and the affidavit proving its service.
A copy of the statutory demand made on defendant together with proof by affidavit of service of the statutory demand shall be filed with the affidavit.
Page 23 | RULE 26 - STATUTORY DEMANDS
Service in aid-of-execution proceedings must comply with civil procedure.
Service will be instituted in accordance with civil procedure.
Page 23 | RULE 27 - PROCEEDINGS IN AID OF EXECUTION
The Court will prepare and serve a copy of the judgment entries.
The Court will prepare and serve a copy of the judgment entries.
Page 19 | Forcible Entry and Detainer cases
Filing Fees and Waivers
Filing fees set by the Court's schedule are required, but costs are waived if indigency is found after the required affidavit is reviewed by a Judge or Magistrate.
No action or proceeding shall be accepted for filing by the Clerk of Court without the required filing fee stated by this Court in its schedule of costs, previously ordered by journal entry. Upon representation of indigency by a party, the Clerk of Court shall have the party complete an affidavit of indigency which will be forwarded to the Judge or Magistrate to determine if indigency exists. If indigency is found, then the costs shall be waived.
Page 4 | RULE 5 - SECURITY OF COSTS
Deposits and advance fee or cost payments may be returned only by court order, within thirty after the case concludes, on the posting party's motion.
Deposits and advance payments of fees and costs shall be returned only by order of the Court within thirty (30) after the case has concluded upon motion of the posting party.
Page 4 | RULE 5 - SECURITY OF COSTS
A fax document requiring a filing fee will not be accepted until Court costs have been paid.
I. No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until Court costs have been paid.
Page 6 | Filing by Facsimile Transmission
Claims for money damages in forcible-entry-and-detainer cases must be filed as separate civil actions and assessed a separate filing fee.
Claims for money damages shall be filed as separate civil actions and shall be assessed a separate filing fee.
Page 18 | D. Forcible Entry & Detainer (Eviction) Cases
A satisfaction of judgment may not be entered unless all Court costs have been paid.
No satisfaction of judgment shall be entered by the Clerk of Court, unless all Court costs have been paid.
Page 22 | RULE 24 - SATISFACTIONS - PAYMENT OF COSTS
The statutory fee for each garnishee must accompany the affidavit.
The garnishee fee as required by statute per garnishee shall accompany the affidavit.
Page 23 | RULE 27 - PROCEEDINGS IN AID OF EXECUTION
When a bailiff performs property-related services, a deposit must cover probable charges, and seized property need not be released until the Court approves and the charges are paid.
In cases where it becomes necessary for the bailiff to perform services in connection with property, the bailiff shall require a deposit sufficient to secure the probable charges in each case. Any reasonable charges, wher approved by the Court, shall be taxed as costs of the action and any property seized under any writ or process of the Court need not be released until said charges are approved and paid.
Page 23 | RULE 28 - FEES FOR ADDITIONAL SERVICES
The deposit required by the Court’s fee schedule must be paid to the Clerk when the affidavit is filed.
The deposit required by the Court schedule of fees and deposits, shall be made with the Clerk at the time of filing the affidavit.
Page 23 | RULE 27 - PROCEEDINGS IN AID OF EXECUTION
When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.
When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.
Page 23 | RULE 25 - UNPAID COSTS - NEW CASES NOT TO BE FILED
No additional fee is assessed for fax filings.
(2). No additional fee shall be assessed for facsimile filings.
Page 6 | Filing by Facsimile Transmission
A civil jury demand requires a $975 deposit when filed, unless indigency is found or the Court orders otherwise; failure to pay timely waives a jury trial.
Any party demanding a jury in a civil case shall be required to make an advance deposit as required by law and fixed by the Court in the sum of nine hundred seventy-five dollars ($975); except upon a finding of indigency. The deposit shall be paid upon filing the jury demand, unless otherwise ordered by the Court. The failure to timely make the deposit as required by court order or these Local Rules shall be deemed a waiver of the right to a trial by jury.
Page 4 | RULE 5 - SECURITY OF COSTS
Pre-Motion Conference Requirements
The Court will grant an oral hearing on a motion only if the parties request one and the Court deems it necessary.
No oral hearings will be granted on motions unless the parties request such and the Court deems it necessary
Page 16 | B. General Civil Cases
Adjournment & Extension Requirements
Except in forcible-entry-and-detainer or replevin actions, one extension of up to 30 days may be obtained by application without notice; later extensions require court approval, notice, and good cause, and opposing-party consent alone is insufficient.
Except in actions for forcible entry and detainer or replevin, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the Court and without notice for a period not to exceed thirty (30) days. Consent of counsel may be filed as a journal entry in the case and shall be evidence of "good cause shown." Any leave to move or plead thereafter may be had only upon application to and with approval of the Court, with notice to the opposing party or counsel and for good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause.
Page 12 | RULE 15 - LEAVE TO MOVE OR PLEAD
A continuance of an event other than trial requires a written motion filed with the Court stating the reason; if the request is based on counsel's conflicting court appearance, written evidence of the conflict must be attached.
Event other than a Trial: A written motion from the party or counsel requesting a continuance of any event other than trial shall state the reason for the continuance and the request must be filed with the Court. When the continuance is requested due to the fact that counsel is scheduled to appear in another court, written evidence of the conflicting event shall be attached to the motion.
Page 16 | B. General Civil Cases
A continuance request is not granted unless and until the Court formally rules on it.
A request for a continuance shall not be considered granted until the Court formally rules on the request.
Page 16 | B. General Civil Cases
A motion to continue trial must be filed and served at least 14 days before trial, absent emergency circumstances.
Absent emergency circumstances, the Court will not consider a motion to continue a trial that has not been filed and served at least fourteen (14) days prior to the trial date.
Page 17 | Trial
Continuance motions must be filed at least 48 hours before the hearing; they may be faxed or emailed, but a continuance is not granted until the Court rules on it.
Motions for continuances must be filed no later than forty-eight (48) hours prior to the scheduled hearing. Said motions may be faxed or e-mailed to the Court, however, no continuance is considered granted until ruled on by the Court.
Page 21 | Pre-Trial Procedure
For a remote proceeding, the Court may continue the matter and require an in-person appearance if it determines one is necessary.
If at any time during a hearing, conference, or proceeding conducted remotely the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.
Page 15
Continuance requests must be emailed to the Court, not submitted through the contact form, and the email must include the requester’s current mailing address and telephone number.
THE CONTACT FORM CANNOT BE USED TO REQUEST A CONTINUANCE. YOU MUST EMAIL THE COURT AT info@euclidmunicourt.com. YOUR EMAIL MUST INCLUDE YOUR CURRENT MAILING ADDRESS AND TELEPHONE NUMBER.
Page 1 | Contact Us
Chambers Communication Rules
The plaintiff or agent must make best efforts to determine whether the tenant remains in possession and contact the Bailiff at least 24 hours before the scheduled move-out; failure to do so cancels the move-out.
Plaintiff or their agent shall use best efforts to ascertain if the tenant remains in possession and shall contact the Bailiff twenty-four (24) hours prior to scheduled move-out to confirm move-out is necessary. Failure to contact the Bailiff a minimum of twentyfour (24) hours prior to the move-out will result in the cancellation of the move-out by the Court.
Page 19 | Forcible Entry and Detainer cases
Attorneys must notify the Court by 1:00 p.m. on the Friday before trial of a change of plea or jury waiver, or jury costs may be assessed.
All attorneys shall notify the Court no later than 1:00 p.m. the Friday preceding the trial date of any change of plea or waiver of the jury or the jury cost may be assessed.
Page 21 | Pre-Trial Procedure
After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.
After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.
Page 22 | RULE 23 - SETTLEMENTS - NOTIFICATION TO COURT
The Clerk need not acknowledge a fax transmission, the sender bears the transmission risks, and fax filers are urged to verify receipt with the Clerk.
(2). The Clerk shall not be required to acknowledge receipt of a facsimile transmission. (3). The risks of transmitting a document by fax to the Clerk shall be borne entirely by the sender. Anyone using a facsimile filing is urged to verify receipt of such filing with the Clerk.
Page 6 | Filing by Facsimile Transmission
The Court will not act on requests submitted to the Clerk of Court as email messages.
The Court will not take action upon requests that are submitted to the Clerk of Court in the form of an Email message.
Page 11 | RULE 14 - PLEADINGS AND MOTIONS
For continuance requests, contact the Court by email at info@euclidmunicourt.com rather than using the contact form.
THE CONTACT FORM CANNOT BE USED TO REQUEST A CONTINUANCE. YOU MUST EMAIL THE COURT AT info@euclidmunicourt.com. YOUR EMAIL MUST INCLUDE YOUR CURRENT MAILING ADDRESS AND TELEPHONE NUMBER.
Page 1 | Contact Us
The Clerk may receive letters from unrepresented parties in traffic and criminal cases concerning continuances, reinstatement of driving privileges, and other proceedings.
The Clerk of Court may receive requests by letter in traffic and criminal cases relating to continuances, reinstatement of driving privileges and other proceedings from parties not represented by counsel.
Page 11 | RULE 14 - PLEADINGS AND MOTIONS