Franklin Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- For a continuance request based on counsel being scheduled for another trial, the first-set case has priority, criminal trials take priority over civil trials, and other continuance requests are within the trial court’s discretion.
- For good cause, the court may extend the time to file pleadings by written order for a reasonable period of no more than 20 days, with counsel allowed only one waiver or extension to plead.
- A witness’s failure to appear is not grounds for a continuance if the subpoena praecipe was not timely filed.
- +7 more
Request must include
- Continuance requests must be written and made three days before trial; a day-of-trial continuance is allowed only for qualifying good cause, diligence in preparing, and prompt notice or diligent efforts to notify the opponent.
Communication
Phone
Document Format Requirements4 rules
No Order of Execution shall be accepted by the Clerk unless the name of the attorney filing same appears at the bottom of each copy.
The Clerk shall not accept such orders unless one copy is furnished for each party to be served and one copy for the Clerk.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
No release, assignment or similar matter shall be written directly upon the appearance or execution dockets.
Document Filing Requirements37 rules
Agreements of counsel with each other or with a party or with an officer of the court shall be filed in the case or dictated into the record.
Every complaint filed shall contain in the caption thereof the full names and addresses of all the parties to the action,
- Document
- Complaint
- Placement
- Caption
All pleadings, motions, leaves to plead or other papers filed in an action must bear the case number, the name, address and telephone number of the attorney filing same, and that attorney’s Supreme Court Identification Number.
- Document
- Pleading, motion, leave to plead, or other paper filed in an action
Must include
- •Case number
Certificate of judgment for lien or for transfer of judgment shall be obtained only upon filing a praecipe therefore.
A pleading adding new parties must state their addresses in the caption unless an address is alleged to be unknown.
- Document
- Pleading
- Placement
- Caption
Court's wording
pleading making new parties, the addresses of such new parties shall be given in the caption of such pleading. B. Unknown Address: This rule, however, shall not apply when it is alleged that such address is unknown.
The assignment, cancellation or release of judgment shall be in writing and filed as other papers in the case.
Filed pleadings, motions, interrogatories, and other papers must identify their general nature in the caption.
- Document
- Filing
- Placement
- Caption
Court's wording
All pleadings, motions, interrogatories and all other papers filed in an action shall state in the caption the general nature of the pleading, e.g., "Complaint", "Answer", "Motion", "Interrogatories" or other appropriate designation.
Upon the filing of a complaint, summons shall be forthwith issued, signed by the Clerk of deputy and shall bear the seal of the court.
It shall be the duty of the plaintiff or his attorney to file with a complaint as many copies thereof as there are defendants to be served with the summons in said action.
Any motion other than a motion for continuance shall be accompanied by a memorandum indicating the questions and
Covered filings must include the filing attorney’s signed notation that a copy was mailed to or received by opposing counsel, except in post-judgment collection proceedings.
Court's wording
All motions, orders, rules to plead, briefs, memoranda, and all other filings or demands shall contain a written notation signed by the attorney filing same, indicating that a copy has been mailed to or received by opposing counsel. This requirement shall not apply to proceedings after judgment to enforce collection.
When oral argument or testimony is desired the motion shall contain a request for special assignment.
The entry granting the continuance will recite the fact that no new trial date will be set unless either party requests same.
A party desiring a jury shall file a demand in writing.
On motion reciting that personal service proceedings and Aid of Execution was made on the person who failed to appear or hold funds as directed thereon, an order may be issued for the appearance forthwith of said person to show cause why he should not be punished as and for contempt of court.
The address of all party's must be full, complete and current. The Small Claims Division will not accept a partial address.
A party seeking relief in a special proceeding must prepare and provide the required documents in proper form; the action may be dismissed for failure to do so unless the Court orders otherwise.
Court's wording
Any party applying for orders in aid of execution, attachments replevin of personal property, or other relief in special proceedings, shall prepare all documents which may be required in such special proceedings by the Ohio Revised Code, or the Ohio Rules of Civil Procedure, and provide such documents to the Court in proper form. In the event the party requesting relief has failed to provide the required completed documents, the action shall be dismissed, unless the Court determines other Orders should be issued.
A trustee appointment application must include a complete and accurate statement under oath of the debtor's identity and marital status, employers, 30-day gross earnings, and the creditor who sent the 15-day written notice.
Court's wording
The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of the following: 1. The debtor's names, address and marital status. 2. The name and address of his employer or employers. 3. The amount of his gross earnings for a period of thirty days. 4. A statement indicating the name of the creditor from whom the fifteen-day written notice of proceeding against his earnings was received.
Entries of confirmation of distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the court and also a statement of the balance, if any, still due on the Judgment.
Exemptions: When a demand is made for exemptions from executions or attachment, the same procedure shall be followed except the affidavit shall be designated "Demand for Exemption" and shall also state the reasons under the statute for state Exemptions.
A claimant to attached or levied property must file a verified pleading designated “Third Party Claim” in the same case.
Court's wording
When a property attached or levied upon by the bailiff is claimed by anyone other than the party against whom the writ was issued, the claimant shall file in the same case a pleading designated Third Party Claim which shall be verified as in other cases.
Releases and assignments of judgment or Certificates of judgment shall be in writing and signed by a person authorized to execute the judgment.
A request for a view of the scene must be made in writing.
Court's wording
C. View of Scene: Any attorney in any case, civil or criminal, shall be authorized to request a view of the scene; however, such request must be made in writing at least three working days before trial, unless there is good cause shown for not doing so and same is approved by the court.
Once removed from the docket, a case shall not be reassigned until a written request for re-assignment is filed.
The cases shall be removed from the docket on the day of the trial unless an entry authorizing a continuance and providing for reassignment is delivered to the Clerk before the time set for trial.
No pleas will be accepted over the telephone. It is necessary for every attorney of record to enter his appearance in writing or to appear personally with the defendant to enter his plea, although the client need not be present for preliminary matters except pre-trial conferences and the final disposition of the case.
Motions to suppress evidence or dismiss must specifically state their grounds, the complained-of acts, and the items sought to be suppressed or quashed; noncompliant motions will be summarily overruled.
Court's wording
1. All motions shall set forth clearly and specifically the grounds for such motion and the acts complained of which are the basis for said motion. Said motions shall further clearly and specifically state the items which the movant wishes to have suppressed or quashed. Any motions filed which are not in compliance with this rule shall be summarily overruled.
At a pre-trial conference, the prosecutor must have available the relevant defendant statements and records, potentially material documents or objects, test and accident reports, a witness list with prior felony records, and a written statement of favorable material evidence.
Court's wording
The prosecutor shall have available at pre-trial conference all of the following material relevant to the case under consideration: a. Any written or recorded statement of the Defendant Co-Defendant or summary of any such oral statement. b. Any prior criminal record of the Defendant, and in a traffic case, the prior record of the Defendant. A statewide record summary or printout is preferred. c. Documents or tangible objects which may be material to the defense or used at the trial, or which were obtained from or belong to the Defendant. d. Reports of test or examinations made in connection with the case, accident reports and in DWI cases alcohol influence report forms and DWI test results. e. A written list of the names and addresses of all know witnesses intended to be called at trial together with any record of prior felony convictions of any such witnesses. f. A written statement of all known evidence favorable to the Defendant and material either to guilt or punishment.
3. Upon conclusion of a prosecutor's pre-trial conference, the prosecutor therein involved shall complete the appropriate form indicating the name of the Defendant, the case number, the type of offenses charged, the defense attorney's name, if any, and the proposed settlement agreement. This agreement shall be signed by the prosecutor and the defense
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
The journal entry shall state which party will pay the court costs.
A non-attorney individual plaintiff in an eviction action must bring documents proving ownership of the property.
Court's wording
In all evection actions where an individual Plaintiff is not an attorney, said person must provide proof of ownership of the property by bringing a copy of the deed and/or trust agreement and deed setting forth the ownership rights of the real estate.
Fax-filed documents must include a cover page with the Court name, case title and number, document title, transmission date, and transmitting fax number.
Court's wording
Documents by fax shall provide Therewith a cover page containing the following information: l. 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;
It shall not be necessary to furnish a cover sheet for any document to be filed where the office address and telephone number of counsel filing the same appears upon the document.
A debtor may obtain a release of wages upon delivery to the court of a signed statement to the court from his employer as to his set earnings for the past thirty days and upon payment to the clerk of the amount required by law to be held.
A corporation's complaint may be signed by its attorney, while a partnership's affiant must be one of the partners.
Court's wording
In instances where the Plaintiff is a corporation, the signatory of the Plaintiff's complaint may be an attorney representing the plaintiff. In instances of partnership the affiant must be one of the partners.
a memorandum of the matters agreed upon should be filed in said case.
Filing & Service rules
Electronic Filing Rules
Fax filing is permitted for civil, criminal, and small-claims matters in this Court.
The Court authorizes fax filings accepted for Civil, Criminal And Small Claims in this Court.
Page 29 | RULE 26.00 ORDER TO ESTABLISH FACSIMILE FILINGS
Filing Timing and Cure Windows
In computing time to perform an act, exclude the first day and include the last, unless the last day is a Sunday or holiday, in which case exclude it and count the next day.
The time within which an act is required to be done shall be computed by excluding the first day and including the last, except when the last day falls on a Sunday or a holiday, in which case it shall be excluded and the next day counted. Civ. R. 6.
Page 3 | RULE 2.02 TIME COMPUTATION
A defendant withdrawing a jury-trial request must file the withdrawal at least five days before trial and may be charged court costs for a late cancellation.
If the defendant demands a jury trial and the request for trial by jury is withdrawn, it must be filed at least five days prior to the date of such trial, or the defendant may be required to pay court cost resulting from late cancellation of the jury.
Page 4 | RULE 3.03 COURT REPORTER — A. Criminal
A summons must be issued forthwith upon filing the complaint.
Upon the filing of a complaint, summons shall be forthwith issued, signed by the Clerk of deputy and shall bear the seal of the court.
Page 5 | RULE 5.00 CIVIL PROCEDURES
For a represented party, default judgment may be granted only after a request to plead has been filed within seven days and counsel has failed to respond during the ensuing seven days.
Where a party is represented by counsel, default judgment may be granted against said party forthwith only after the expiration of one request to plead within seven days has been filed and the seven days has passed without response from counsel.
Page 6 | RULE 5.00 CIVIL PROCEDURES
Opposing memoranda are due within fourteen days after service of the motion, after which the motion is deemed submitted.
The opposing memoranda shall be filed not later than fourteen days from service of the motion after which time the motion will be deemed submitted to the court.
Page 7 | Rule 5.00 Civil Procedures
Counsel for the prevailing party must prepare an entry within five days; adverse counsel must approve or reject it within five days after receiving it.
Counsel for the party in whose favor a decision, order or judgment, is rendered shall prepare an entry within five days and submit the same to counsel for the adverse party who shall approve or reject the entry within five days.
Page 7 | H. Entries
If opposing counsel does not provide and return the entry within three days, the entry is submitted to the judge for approval.
If opposing counsel fails to provide and return the entry within three days, it shall be submitted to the Judge who will approve the entry in the form he considers proper.
Page 7 | H. Entries
A pleading after a decision or motion is due on the tenth day after the entry is filed, unless the court grants more time for good cause.
The rule day for filing a pleading after a decision or motion shall be the tenth day after the entry is filed, unless for good cause shown a longer time is granted by court.
Page 7 | I. Rule day
When requested by a party or the court, the plaintiff or moving party must submit a brief within ten days after the last day of trial.
When requested by a party or by the court, briefs shall be submitted to the Judge by the plaintiff or moving party within ten days, and within twenty days by the opposing party after the last day of trial.
Page 7 | Rule 5.00 Civil Procedures
A witness-subpoena praecipe must be filed at least five days before trial, excluding intervening Saturdays, Sundays, and holidays.
The praecipe for the subpoena of witnesses shall be filed not later than five days, excluding intervening Saturdays, Sundays and holidays before the trial date.
Page 8 | L. Subpoena of Witnesses
A civil case meeting either stated six-month inactivity condition will be dismissed for want of prosecution unless the court continues it on the docket by entry for good cause and on prescribed terms.
Civil cases in which nothing has been done for six months to bring them to issue, or which, being at issue six months or more, remain on the docket untried and without a trial request will be dismissed for want of prosecution, unless continued on the docket by entry, for good cause shown and upon such terms as the court shall prescribe.
Page 8 | O. Dismissal for Failure to Prosecute
In appearance cases, a jury demand must be filed on appearance day or within 10 days afterward.
In appearance cases, the demand for a jury shall be filed on appearance day, or within 10 days thereafter.
Page 9 | R. Jury Demand and Deposit
In answer cases, filing the jury demand with the pleadings is preferred, but it must be filed no later than seven days after the original answer.
In answer cases, the demand for jury shall preferably be filed with the pleadings or in any event shall be filed not later than seven days after the original answer is filed.
Page 9 | R. Jury Demand and Deposit
If the defendant cannot be located, the plaintiff must provide a proper address within ten days after the Court mails notice or the claim will be dismissed.
If the defendant cannot be located at the address given to the court by the plaintiff, the court will notify the plaintiff by mail of its inability to serve the defendant and the claim will be dismissed unless a proper address is provided within ten days.
Page 11 | RULE 5.01 SMALL CLAIMS DIVISION — B. Petitions
In traffic and misdemeanor cases with a citation, unless the defendant is incarcerated, the affidavit must be filed with the Clerk of Courts at least 24 hours before the appearance.
In all traffic and misdemeanor cases where a citation has been issued, except where the defendant is incarcerated, the affidavit shall be filed with the Clerk of Courts at least twenty-four hours prior to the time for appearance.
Page 15 | F. Arraignments
A request for a view of the scene must be made at least three working days before trial, unless good cause is shown and the court approves an exception.
C. View of Scene: Any attorney in any case, civil or criminal, shall be authorized to request a view of the scene; however, such request must be made in writing at least three working days before trial, unless there is good cause shown for not doing so and same is approved by the court.
Page 17 | C. View of Scene
Motions to suppress or dismiss must be set for an oral hearing within 15 days after filing.
2. All such motions filed in this court shall be set for oral hearing within fifteen (15) days of the date of such filing
Page 19 | RULE 10.00 GENERAL CRIMINAL PROCEDURE — F. Motions to Suppress and Dismiss
Motions must be filed within the time limits set by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 24 | RULE 14.00 CASE MANAGEMENT IN CRIMINAL CASES — B. Scheduling of Events — 2. Motions
After service is perfected, counsel must submit an entry within fifteen days to avoid possible dismissal.
Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 25 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, C. Clerical steps, 2.
Notice of a change in plea is due by 3:00 P.M. on the day preceding trial.
All attorneys shall notify the court by 3:00 P.M. of the day preceding their trial of any change in plea or jury costs will be attached to their case.
Page 25
Opposing counsel must approve or reject the journal entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 27 | 5. Judgment entries
The journal entry must be submitted to the judge within 15 days of the decision; after that, the court will prepare it.
Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge, or, thereafter, the court will prepare the journal entry.
Page 27 | 5. Judgment entries
A settlement entry may be filed at any time, and settlement may avoid trial without an entry initially, but an entry 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. The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 27 | 5. Judgment entries
After the clerk notifies counsel that the case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.
Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default. Prevailing counsel shall submit the application for default judgment within fifteen (15) days or the case will be dismissed for want prosecution.
Page 27 | 5. Judgment entries
Counsel for the prevailing party must prepare a journal entry and submit it to opposing counsel within five days of the decision.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 27 | 5. Judgment entries
For computing time, the 90 calendar days following judgment are considered within term; time after that is considered after term.
There shall be no term of Court, but in accordance with O.R.C. Sec. 1901.29 for the purpose of computing time, 90 calendar days following judgment shall be considered within term and time thereafter shall be considered after term.
Page 3 | RULE 2.03 TERMS OF COURT
In cases not covered by the represented-party rule, default judgment may be taken before the judge any time after default occurs.
In all other cases default judgment may be taken before the Judge at any time after the default occurs.
Page 6 | RULE 5.00 CIVIL PROCEDURES
If an answer requests affirmative relief, the opposing party may file a jury demand with a timely reply.
If an answer requests affirmative relief, the opposing party may file a demand at the time the reply is filed, provided such reply is filed within the time required by the rule of this Court.
Page 9 | R. Jury Demand and Deposit
Small Claims petitions may be filed on any day of the week during normal business hours.
Small Claims petitions shall be filed any day of the week during the normal business hours.
Page 11 | RULE 5.01 SMALL CLAIMS DIVISION — B. Petitions
Upon filing a Small Claims complaint, it must immediately be set for a trial date.
Upon the filing of the complaint the complaint shall be immediately set for a trial date.
Page 11 | RULE 5.01 SMALL CLAIMS DIVISION — B. Petitions
If a case not set for trial has had no action for six months, the clerk will notify the party that it will be dismissed within one week unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.
Page 25 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, C. Clerical steps, 4.
If a settlement entry has not been received within thirty days after the file is marked for it, the party has ten days after notice to submit the entry before dismissal.
When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 25 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, C. Clerical steps, 5.
Counsel desiring to submit briefs on the issues to be raised at trial, may do so on or before two (2) days prior to trial.
Counsel desiring to submit briefs on the issues to be raised at trial, may do so on or before two (2) days prior to trial.
Page 10 | R. Jury Demand and Deposit
Service and Proof of Service Rules
Summons must be served as required by Civil Rule 4, except in the specified proceedings with separate process requirements.
Service of summons shall be as required by Civ R. 4 except for Small Claims (Chapter 1925 O.R.C.) and forcible entry and detainer (Chapter 123. O.R.C.) and such other statutory proceedings for which specific process requirements are established.
Page 5 | RULE 5.00 CIVIL PROCEDURES
A summons to appear must be served at least three days before the appearance and returned as soon as possible, no later than two days before it.
All such summons to appear shall be served at least three days before the time of appearance and shall be returned as soon as possible, but never later than two days before the defendant is commanded to appear.
Page 6 | RULE 5.00 CIVIL PROCEDURES
The manner of jury-duty service by mail and the bailiff’s return of that service must conform to the Ohio Rules of Civil Procedure.
The manner of making such service and the return thereof by the bailiff shall conform to the Ohio Rules of Civil Procedure.
Page 6 | RULE 5.00 CIVIL PROCEDURES
Before dismissal, the clerk must notify counsel of record or the parties by ordinary mail at their case-file addresses, and the dismissal date must be at least thirty days after mailing.
Before a cause is dismissed, the Clerk of Courts shall, by ordinary mail, notify all counsel of record or parties at the addresses shown on the papers in the case, of the dismissal date which shall be not sooner than thirty days from the date of the mailing of said notice.
Page 8 | O. Dismissal for Failure to Prosecute
Orders issued in aid of execution must be served and scheduled as appearance cases are.
Orders issued in aid of Execution shall be served and scheduled in the same manner as appearance cases.
Page 9 | P. Orders of, and in Aid of Execution
A regular juror must be served at least 48 hours before the time to appear in court.
Every person summoned as a regular juror shall be served at least forty-eight (48) hours before the time he or she is to appear in court to answer summons.
Page 10 | R. Jury Demand and Deposit
An application to add creditors to a trusteeship must be served on each additional creditor; if a creditor makes the application, similar notice must also be given to the debtor unless that creditor has obtained a court-of-record judgment.
Additional creditors may be listed in the trusteeship upon application and service of a notice to each additional creditor as heretofore provided. If such application is made by a creditor, a similar notice must be given to the debtor, unless the creditor has obtained a judgment in a court of record.
Page 12 | RULE 5.02 TRUSTEESHIP DIVISION — B. Application
The claimant shall properly notify the bailiff and give at least three days notice to the attorney for plaintiff, or to the plaintiff, of the time fixed for the trial of the right to such property. Proof of notice shall be made as required by this court. Exemptions: When a demand is made for exemptions from executions or attachment, the same procedure shall be followed except the affidavit shall be designated "Demand for Exemption" and shall also state the reasons under the statute for state Exemptions.
The claimant shall properly notify the bailiff and give at least three days notice to the attorney for plaintiff, or to the plaintiff, of the time fixed for the trial of the right to such property. Proof of notice shall be made as required by this court. Exemptions: When a demand is made for exemptions from executions or attachment, the same procedure shall be followed except the affidavit shall be designated "Demand for Exemption" and shall also state the reasons under the statute for state Exemptions.
Page 13 | RULE 5.03 THIRD PARTY CLAIMS OR EXEMPTIONS
Notice of a pre-trial hearing in a civil case must be sent by mail to all counsel or, if unrepresented, to the parties.
Notice of the pre-trial hearing in a civil case shall be given to all counsel (or parties, if not represented by counsel) by mail.
Page 18 | RULE 9.00 PRE-TRIAL HEARING, A. Scheduling
Counsel must obtain service within six months after filing the action; otherwise, the clerk will give notice of dismissal in ten days unless good cause is shown.
In the event there is a failure of service, the clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 25 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, C. Clerical steps, 1.
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 25 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, C. Clerical steps, 1.
Notice of a pretrial conference must be mailed to all counsel of record at least fourteen days before the conference.
Notice of pretrial conference shall be given to all counsel of record by mail not less than fourteen (14) days prior to the conference.
Page 26 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, D. Judicial steps, 3. Pretrials, c.
Writs or process served on a person summoned for jury duty may be served by mail, registered or otherwise.
D. Service by mail: the service of writs or processing service on person summoned for jury duty may be made by mail, registered or otherwise.
Page 6 | RULE 5.00 CIVIL PROCEDURES
The bailiff must mail notice of a personal-property sale to the parties and attorneys of record, but failure to mail the notice does not invalidate the sale.
A copy of a notice of the sale of personal property shall be mailed by the bailiff to the parties and to attorneys of record in the case; however, a failure to mail such notice shall not invalidate a sale.
Page 13 | RULE 5.04 SALES AND CONFIRMATIONS (1901.118 (E) O.R.C.)
Filing Fees and Waivers
A debtor seeking a release of wages must pay the Clerk the amount required by law to be held.
A debtor may obtain a release of wages upon delivery to the court of a signed statement to the court from his employer as to his set earnings for the past thirty days and upon payment to the clerk of the amount required by law to be held.
Page 9 | P. Orders of, and in Aid of Execution
A party demanding a jury trial in a civil case must promptly deposit $200.
The party making a demand for a trial by jury in a civil case shall forthwith deposit the sum of Two Hundred Dollars ($200.00).
Page 10 | R. Jury Demand and Deposit
A jury must not be drawn until the required deposit has been made.
The jury, shall not be drawn unless the deposit herein required has been made.
Page 10 | R. Jury Demand and Deposit
Unless the jury is waived in writing at least seven days before trial, the party who demanded it must pay all fees and expenses incurred because of the demand.
After a jury has been demanded, unless said jury is waived in writing not less than seven (7) days prior to the date set for trial, the party who requested that jury shall pay all jury fees and expenses incurred as a result of such demand.
Page 10 | S. Penalty-Failure to Timely Rescind a Jury Demand
The Small Claims complaint filing fee is $67.00, including the cost of serving the notice and summons.
Upon receipt of a costs and filing fee for a Small Claims complaint will be $67.00. This filing fee includes cost of serving the notice and summons.
Page 11 | RULE 5.01 SMALL CLAIMS DIVISION — B. Petitions
A $12 witness fee must be deposited with the clerk before a civil subpoena issues, and a qualifying witness receives the fee upon presenting the subpoena.
No subpoena for a witness in a civil proceeding shall be issued until a witness fee cost of $12.00 is deposited with the clerk. A witness who testifies, or who is available for that purpose, shall receive this fee upon presentation of the subpoena to the Clerk of Courts. (See Civ R. 45(c).
Page 14 | RULE 5.06 DEPOSITS — A. Witness
Before process issues against chattel property other than personal earnings, the required moving, storage, advertising, and custody expenses must be deposited with the clerk, in an amount of at least $555.
Before any writ or attachment, execution, replevin or any other process may be issued, against chattel property other than personal earnings, a sum of money sufficient to pay the cost of moving, storage, advertising and the care for any custody of such property, must be deposited with the clerk to secure such expenses. The amount of such deposit shall not be less than Five hundred fifty-five dollars ($555.00)
Page 14 | RULE 5.06 DEPOSITS — B. Executions, Replevin, Attachment
A complainant must pay the filing fee before filing a non-departmental complaint, unless the court waives the fee.
A filing fee shall be paid by the complainant before filing any non-departmental complaint. This fee may be waived by the court.
Page 14 | RULE 6.00 CRIMINAL DIVISION 1901.32 O.R.C. — D. Non-Departmental Complaint
When an appraisal is required, the plaintiff must deposit the appraisal fee with the Clerk of Courts.
In any case where an appraisal is required, a fee shall be deposited by the plaintiff with the Clerk of Courts, for the cost of such appraisal.
Page 14 | RULE 5.06 DEPOSITS — B. Executions, Replevin, Attachment
When a case results in conviction and payment of a fine and/or costs, the fee must be added to the other costs.
In any case that result in a conviction and payment of fine and/ or costs, the fee shall be added to the other costs.
Page 23 | RULE 13.00 LOCAL RULE — A. COMPUTERIZED LEGAL RESEARCH FEE
The Clerk must charge a $1.50 research fee when each covered cause or appeal is filed.
Pursuant to R.C.1901.26 (A) and R.C. 2303.201, the Court authorizes and directs the Clerk of this court to charge a fee of $1.50 on the filing of each cause or appeal under divisions (A), (R), and (V) of Section 2303.20 of the Ohio Revised Code.
Page 23 | RULE 13.00 LOCAL RULE — A. COMPUTERIZED LEGAL RESEARCH FEE
For a criminal or traffic cause resulting in bond forfeiture or waiver payment, the fee must be included in the costs.
For any criminal or traffic cause that results in a bond forfeiture or waiver payment, such fee shall be included as part of the costs. The bail and waiver schedules are hereby modified to provide for that event, without being retyped and republished.
Page 23 | RULE 13.00 LOCAL RULE — A. COMPUTERIZED LEGAL RESEARCH FEE
When a case is dismissed at the defendant's or complainant's costs, the fee must be added to the other costs.
In any cases that results in a dismissal, at the defendant's or the complainant's costs, the fee shall be added to the other costs.
Page 23 | RULE 13.00 LOCAL RULE — A. COMPUTERIZED LEGAL RESEARCH FEE
In any civil case, the fee must be added to the other costs.
For any civil case in any division of the court, the fee shall be added to the other costs.
Page 24 | RULE 13.00 LOCAL RULE — A. COMPUTERIZED LEGAL RESEARCH FEE
The court improvement cost is $14.
3. Court Improvement cost $ 14.00
Page 27 | RULE 16.00 AMENDED ORDER
The Clerk’s Fund cost is $6.
4. Clerks Fund cost $ 6.00
Page 27 | RULE 16.00 AMENDED ORDER
The pre-sentence investigation cost is $250.
2. Pre-sentence $250.00 Investigation
Page 27 | RULE 16.00 AMENDED ORDER
The pre-trial diversion cost is $250 plus court cost.
1. Pre-trial Diversion $250.00 plus court cost
Page 27 | RULE 16.00 AMENDED ORDER
The computer research cost is $3.
6. Computer Research $ 3.00
Page 28 | RULE 16.00 AMENDED ORDER
A person filing for a Public Defender must pay a non-refundable $25 application fee upon filing.
Pursuant to ORC 120.36 the court shall direct the person to pay a non-refundable application fee of twenty-five dollars upon the filing for a Public Defender.
Page 28 | RULE 23.00 ADMINSTRATIVE ORDER
A $2 fee is charged for each record check.
The Court authorizes and directs the Clerk of this Court to charge a fee of $2.00 for each record check
Page 28 | RULE 19.00 ORDER TO ESTABLISH RECORD CHECK AND COPY FEES
The Clerk must increase the Bonds and Waivers fee by $6 per case, including a $6 increase for any civil case, including Small Claims.
The Court authorizes and directs the Clerk of this Court to increase the fee of the Bonds and Waivers $6.00 on each case. For any Civil case including Small Claims, the fee shall be increased $6.00.
Page 28 | RULE 21.00 ORDER TO ESTABLISH CLERKS FUND FEE 1901.26(B)(1)
A $25 fee is charged for each copy of an individual’s court record.
$25.00 for each copy of any individual’s record in this Court.
Page 28 | RULE 19.00 ORDER TO ESTABLISH RECORD CHECK AND COPY FEES
The Clerk must increase the Bonds and Waivers fee by $9 per case, including a $9 increase for any civil case, including Small Claims.
The Court authorizes and directs the Clerk of this Court to increase the fee of the Bonds and Waivers $9.00 on each case. For any Civil case including Small Claims, the fee shall be increased $9.00.
Page 28 | RULE 18.00 ORDER TO ESTABLISH COURT IMPROVEMENT FEE
Payments of a court financial sanction by credit card, debit card, or other electronic transfer incur a processing fee that is taxed as case costs.
Pursuant to ORC 2929.28 (F)(2) payments of all or any portion of a court financial sanction by credit, debit cards, or other electronic transfer shall be charged a fee associated with processing the transaction. This fee will be taxed as costs to the case.
Page 28 | RULE 22.00 ADMINISTRATIVE ORDER
The EMHA cost is $2.
5. EMHA cost $ 2.00
Page 28 | RULE 16.00 AMENDED ORDER
The Clerk must assess an additional $2 fee in every case.
It is Ordered that the Clerk of this Court shall assess an additional fee of $2.00 per case for each and every case.
Page 29 | RULE 25.00 ORDER TO ESTABLISH INDIGENT ELECTRONIC/ALCOHOL MONITORING FUND
A landlord, owner, or other person requesting execution and removal of goods under a writ of restitution must deposit $555 before the Court arranges removal.
If the Landlord/ Owner of the premise requests that the goods and chattels be removed upon a Writ of Restitution and Execution is requested, that said Landlord/Owner or person requesting the Execution upon property and chattels shall deposit court cost of $555.00 prior to the court arranging for the removal of the person property of the Defendant.
Page 30 | RULE 28.00 AMENDED ORDERER REGARDING WRIT OF RESTITUTION COSTS
The Court charges a $25.00 fee per case to set up a payment plan.
fee charged by the Court for setting up payment plan shall be $25.00 per case.
Page 31
Each payment plan renewal incurs a $5.00 fee.
It is further Ordered that if the Court is requested to renew a payment plan there shall be a renewal fee of $5.00 for each such renewal.
Page 31
A juror who appears because the Clerk’s office could not notify them despite diligent effort must be paid a one-day per diem, charged as provided above.
Any juror who appears for service because of the inability of the clerk's office, after diligent effort, to notify such juror, shall be paid the per diem fee for one day's service and such fee shall be chargeable as indicated heretofore.
Page 10 | R. Jury Demand and Deposit
A party whose or whose counsel’s failure to appear causes a trial to be continued or postponed must pay the panel’s per diem cost, unless the Court finds an extreme emergency or circumstances beyond their control.
In the event a panel of jurors appears for service and the trial is continued or postponed due to the failure of a party or his counsel to appear, such party shall be assessed the per diem cost of the panel, unless such failure to appear is as the result of extreme emergency or conditions beyond the control of the party or counsel as the same may be determined by the Court.
Page 10 | R. Jury Demand and Deposit
The jury-demand deposit is returnable if the demand is timely withdrawn.
In the event that a jury demand is made and then timely withdrawn, the deposit for such demand shall be returnable to the depositor.
Page 10 | R. Jury Demand and Deposit
Withdrawing a jury demand after jurors are summoned incurs the cost of notifying them; if multiple parties agree to the withdrawal, they share that cost equally.
If the withdrawal of jury demand is made following the summoning of jurors, the Party requesting the withdrawal shall be assessed the costs of notifying such jurors that their services will not be required. If the request for withdrawal of jury is agreed upon by more than one party, all consenting parties shall equally share such cost irrespective of the party prevailing at trial.
Page 10 | R. Jury Demand and Deposit
After a party represents that they are indigent, the Clerk must investigate and waive security for costs if indigency is found.
Upon representation by any party of indigency, the clerk shall investigate the accuracy of such representation and upon finding that such indigency does exist; the security for costs shall be waived.
Page 10 | R. Jury Demand and Deposit
Service fees not specified for Small Claims are the same as those set by the regular civil court division.
Fees for service other than those set forth above shall be the same as the fees set by the regular civil court division.
Page 11 | RULE 5.01 SMALL CLAIMS DIVISION — B. Petitions
The Court may waive all or part of the costs if a party is found indigent.
All or any part of the costs may be waived by the court in the event a party is found to be indigent.
Page 11 | RULE 5.01 SMALL CLAIMS DIVISION — B. Petitions
Collected fees must be paid to the City Treasurer and disbursed by court order at the end of each month.
All moneys collected shall be paid to the treasurer of the City of Franklin. They are to be disbursed upon an Order of this court, at the end of each month along with other Court disbursements.
Page 24 | RULE 13.00 LOCAL RULE — A. COMPUTERIZED LEGAL RESEARCH FEE
The bond schedule and filing fees are amended according to Exhibit A.
WHEREAS, The Court Orders Bond Schedule and Filing fees be Amended pursuant to Exhibit A, attached hereto and incorporated herein.
Page 30 | RULE 32:00 ORDER AMENDMENT OF BOND SCHEDULE
Probation fees increased to $250 per case effective March 1, 2008.
WHEREAS , Probation Fees increased from $100.00 per case to $250.00 per case effective March 1, 2008.
Page 30 | RULE 33:00 ORDER INCREASE IN PROBATION FEES
The Court may impose laboratory-analysis fees for evidence as court costs in cases where it orders drug testing.
Authorizes the Court to impose as court cost any fees for laboratory analysis of any evidence in cases the Court hereby issues drug testing.
Page 30 | RULE 29:00 ORDER TO ADOPT HOUSE BILL 163
Court officers and employees may not charge a fee for notarizing affidavits or other matters pertaining to the court’s civil or criminal business.
No fee shall be charged by any officer or employee of this court for notarizing affidavits or any other matter pertaining to civil or criminal business of this court.
Page 3 | RULE 3.02 NOTARY FEE
Unused court costs held by the clerk for one year must be returned to the attorneys who filed the cases.
Unused court costs still on hand with the Clerk of Courts at the end of one year will be returned to the respective attorneys filing those cases.
Page 8 | N. Unused Court Costs
The listed criminal or traffic fees follow the referenced fee schedule, which does not change the stated civil fee schedule.
All services listed in the table below reflect fee schedule as Approved by O.R.C. section 311.17 and 509.15 and meet the requirements as specified in H.B.226 which is effective February 27. 2006. NOTE-Fee schedule for civil court actions in the Franklin Municipal Court that were effective 10-1-2005 are not changed or modified by this criminal or traffic fee schedule.
Page 29 | RULE 24:00 RECOMMENDED FEE SCHEDULE, CRIMINAL OR TRAFFIC
Pre-Motion Conference Requirements
At suppression or dismissal hearings, the prosecution presents evidence of legality first, followed by cross-examination; the moving party then presents evidence and witnesses, followed by prosecution cross-examination, and may present rebuttal witnesses.
F. Motions to Suppress and Dismiss: It shall be the procedure of this court that all Motions to Suppress Evidence or Motions to Dismiss shall be handled in the following manner (Rule 12(a) of the Ohio Rules of Criminal Procedure): 3. The hearings on such motions shall be conducted first with a sufficient amount of evidence being presented by the prosecution to establish the legality of the acts complained of and these witnesses shall then be subject to cross-examination by the moving party. 4. The moving party shall then present the witnesses to establish his position with regard to the illegality of the acts complained of and his witnesses to show those items which he wishes to have suppressed. These witnesses shall then be subject to cross-examination by the prosecution. 5. The moving party shall then present rebuttal witnesses as he chooses.
Page 19 | RULE 10.00 GENERAL CRIMINAL PROCEDURE — F. Motions to Suppress and Dismiss
Opposing counsel must respond in the same manner within fourteen days; motions are then submitted unless the court extends time, and an oral hearing requires a written request and court approval as necessary.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the court. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.
Page 26 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, D. Judicial steps, 2. Motions
The court decides whether to assign a motion for oral hearing, and counsel’s failure to appear may be deemed abandonment of the motion.
Assignment of any motion for court oral hearing shall be at the discretion of the court. Failure of counsel to appear for oral hearing may be deemed an abandonment of said motion.
Page 7 | Rule 5.00 Civil Procedures
Adjournment & Extension Requirements
For good cause, the court may extend the time to file pleadings by written order for a reasonable period of no more than 20 days, with counsel allowed only one waiver or extension to plead.
For good cause shown, the time for filing pleadings may be extended for such reasonable time that the court may provide by written order. The period of extension shall not exceed 20 days and counsel shall be permitted but one waiver or extension to plead. Civ. Rules 6(B), 54 and 55.
Page 6 | RULE 5.00 CIVIL PROCEDURES
Every trial continuance, whether agreed or not, must be made by an entry approved by the judge and delivered to the clerk before the assigned trial time.
All trial continuances, whether by agreement of the parties or otherwise shall be made by entry approved by the Judge and delivered to the clerk before the time assigned for trial.
Page 8 | M. Continuances
Continuance requests must be written and made three days before trial; a day-of-trial continuance is allowed only for qualifying good cause, diligence in preparing, and prompt notice or diligent efforts to notify the opponent.
Requests for continuance shall be made in writing three days prior to the trial date. No cases shall be continued on the day of trial, except for good cause shown, which cause was not known to counsel prior to the day of trial, and provided that counsel has used diligence to be ready for trial and has notified or made diligent effort to notify his opponent as soon as he became aware of his necessity to ask for a postponement.
Page 8 | M. Continuances
To avoid removal from the trial docket, an entry authorizing a continuance and providing for reassignment must be delivered to the Clerk before the scheduled trial time.
The cases shall be removed from the docket on the day of the trial unless an entry authorizing a continuance and providing for reassignment is delivered to the Clerk before the time set for trial.
Page 18 | RULE 9.00 PRE-TRIAL HEARING, B. Trial Assignments
An application to continue a pretrial conference must be addressed to the judge.
Any application for continuance of the conference shall be addressed to the judge.
Page 26 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, D. Judicial steps, 3. Pretrials, c.
A party seeking a continuance of a trial or hearing must file a written motion stating the reason.
No party shall be granted a continuance of a trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 26 | RULE 15.00 CASE MANAGEMENT IN CIVIL CASES, D. Judicial steps, 4. Continuances, a.
For a continuance request based on counsel being scheduled for another trial, the first-set case has priority, criminal trials take priority over civil trials, and other continuance requests are within the trial court’s discretion.
b. When a continuance is requested for the reason that counsel is scheduled to appear in another case, assigned for trial on the same date, or the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 27
A case removed from the docket because of a continuance motion must be reassigned for trial at the earliest time available as determined by the court.
Once a case has been removed from the docket as a result of a motion for continuance, the case shall be reassigned for trial at the earliest time available as determined by the Court.
Page 8 | M. Continuances
A witness’s failure to appear is not grounds for a continuance if the subpoena praecipe was not timely filed.
Failure of a witness to appear for whom the praecipe was not filed in accordance with the above rules will not be grounds for a continuance of the case.
Page 8 | L. Subpoena of Witnesses
When a party or his counsel fails to comply with this rule or opposing counsel is present, the court, after a reasonable period, shall upon demand of the opposing counsel present, dismiss the case, enter a default finding, or proceed to hear evidence and render a final judgment.
When a party or his counsel fails to comply with this rule or opposing counsel is present, the court, after a reasonable period, shall upon demand of the opposing counsel present, dismiss the case, enter a default finding, or proceed to hear evidence and render a final judgment.
Page 8 | M. Continuances
A continuance is generally limited to one month, but a longer continuance may be allowed upon a showing of good cause.
The court is opposed to delay in the handling of its business. In cases where continuance is necessary, the limit of time allowed will be one month, unless good cause is shown why a longer time is required.
Page 14 | RULE 6.00 CRIMINAL DIVISION 1901.32 O.R.C. — B. Continuances
Chambers Communication Rules
Requests for courtroom media coverage must be made in writing to the Clerk of Courts as early as practical and no later than four hours before the session, unless the trial judge permits otherwise.
Request for permission to broadcast, televise, record or photograph in the courtroom shall be in writing to the Clerk of Courts as far in advance as reasonably practical, but in no event later than four hours prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
Page 21 | RULE 12.00 MEDIA COVERAGE OF TRIALS
Attorneys must notify the court by 3:00 P.M. on the day before trial of any change in plea.
All attorneys shall notify the court by 3:00 P.M. of the day preceding their trial of any change in plea or jury costs will be attached to their case.
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At the pretrial conference, opposing counsel are to attempt to complete discovery and notify the court of the approximate time needed if trial is necessary.
At a pre-trial conference the opposing counsel will attempt to complete all discovery and notify the court as to the approximate time required in the event a trial is necessary.
Page 7 | K. Pre-trial
You may call the Court at 937-746-2858 with questions or concerns.
You may contact the Court at 937-746-2858 for questions or concerns.
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