Hamilton Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements4 rules
(A) All cases shall be tried by the Court unless a jury trial has been demanded in writing pursuant to the appropriate statutes and Rules of Civil and Criminal Procedure.
1. Application shall be made in a form required by RC Section 2329.70 (See, Appendix 18A) along with proof that a demand has been made in accordance with RC Section 2716.02.
4. Notice to the Creditors and Authentication and Proof of Claim shall be in the form of Appendix 18D.
- Notice to creditors
- Authentication
- Proof of claim
Formatting
- •The documents must be in the form of Appendix 18D
The electronically produced citation or ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket or criminal citation.
Document Filing Requirements31 rules
All motions shall be made in writing and accompanied by a written memorandum containing the arguments supporting the motion.
(G) All requests shall be in writing or by written precipe signed by the requesting party in interest or their attorney.
Any request for a default judgment shall provide the necessary information or documentation on how the amount requested is computed from the documents attached to the pleadings in the case, including any payments made by any defendant.
The written motion shall include where appropriate, if not previously submitted to the Court, the following documents; proof of assignment or assignments from original creditor sent to the defendant if the case involves the recovery of credit card debt, or an affidavit explaining why any of the required documents are not available.
All pleadings must include trial counsel’s address, telephone number, and Supreme Court Number.
Court's wording
(H) Attorneys must subscribe legibly all pleadings, entries and motions or in the alternative print the spelling of their name beneath the signature. The address, telephone number and Supreme Court Number of the respective trial counsel shall be placed on all pleadings.
When appropriate, a complaint must include proof of an absolute and unconditional assignment establishing the plaintiff’s standing and the Court’s jurisdiction; the assignment cannot be used to prevent suit by the real party in interest.
Court's wording
(I) Upon filing and where appropriate, complaints shall have attached proof of unconditional assignment or assignments from the original creditor or original party in interest to the plaintiff establishing standing and jurisdiction of the Court. The assignment or assignments shall not be used as a ruse to prevent the action from being brought by the real party in interest. The assignment or assignments must be absolute and unconditional in order to prevent duplicity of payment.
(H) Attorneys must subscribe legibly all pleadings, entries and motions or in the alternative print the spelling of their name beneath the signature.
(K) All motions shall be accompanied by a brief or a memorandum of authorities in support of said motion. In default thereof, such motions may be stricken from the files.
(B) After the expiration of the answer period, and if the defendant has failed to plead or otherwise defend, the plaintiff shall file a written motion for default judgment pursuant to the Ohio Rules of Civil procedure.
A copy of an affidavit of current military status shall be attached to motions for default judgment for all persons named as defendant.
The judgment entry shall state which party will pay the court costs.
Any motion to conduct a hearing by telephone conference shall be accompanied by an entry allowing the telephone conference.
(D) All parties desiring specific jury instructions shall, at least seven (7) days prior to trial, file the proposed jury instruction with the Court and serve the same upon opposing counsel unless otherwise ordered by the Court.
The written objection must state and explain the grounds for opposing mediation or the appointed mediator.
Court's wording
(C) Any party opposed to the mediation or the mediator appointed by the Court must file a written objection with the Court within seven (7) days of receiving notice of the Mediation Order. Said motion shall state and explain the grounds for said objection.
A debtor’s payment to the Court must be accompanied by a current payroll check stub or payroll statement of earnings.
Court's wording
5. Debtor’s payments to the Court must be within 3 business days of the receipt of their paycheck and must be in cash, bank draft or money order. The payment must be accompanied with a current payroll check stub or payroll statement of earnings.
2. The Application must be accompanied by a sworn statement as required by RC Section 2329.70. (See, Appendix 18B)
(C) If a case set for trial is settled, the trial counsel shall immediately notify the Court and thereafter, as provided by these rules, file a stipulation of dismissal or other proper entry within 30 days or the case may be dismissed for want of prosecution.
1. Application shall be made in a form required by RC Section 2329.70 (See, Appendix 18A) along with proof that a demand has been made in accordance with RC Section 2716.02.
A full, accurate and complete statement, under oath, of the names of the unsecured creditors with liquidated claims, their addresses and the amount due and owing to each for work or labor or for necessities, is herewith filed.
The unsecured-creditor statement must list qualifying creditors, addresses, and amounts owed as of filing, and include the debtor’s sworn declaration that it is full, accurate, and complete.
Court's wording
The following is a full, accurate and complete statement, to the date of filing hereof of the names of the unsecured creditors with liquidated claims, their addresses and the amount due and owing to each for work or labor or for necessities: NAME ADDRESS AMOUNT DUE STATE OF OHIO, COUNTY OF BUTLER, ss. The undersigned being duly sworn states that the foregoing statement is full, accurate and complete.
Debtor is required to deposit assigned earnings with the Clerk of this Court, each pay period and to furnish proof of gross earnings. Failure to do this will result in the Termination of the Trusteeship.
To end an attorney's responsibility to appear at hearings, a withdrawal entry must be timely filed and approved by a Judge or Magistrate.
Court's wording
An attorney, having entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to notices or call therefore, unless a Court entry of withdrawal is timely filed and approved by a Judge or Magistrate of the Court.
The proposed entry of withdrawal shall indicate that the client and opposing counsel have been served with a copy of the entry and notice of the hearing date.
Upon written notification to the Court of any pending bankruptcy proceeding and the bankruptcy case number affecting any litigant in this Court, there shall be a judgment entry as follows:
A small-claims transfer to the regular docket requires filing a motion and affidavit under ORC 1925.10.
Court's wording
Upon filing of motion and affidavit, as required by ORC 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
As in all filings the document must contain the proper heading on the case including names of the parties and the case number.
- Document
- Fax filing
Must include
- •Case number
In order to file an appeal from a judgment imposed under a traffic law photo monitoring device program, an affected person must file an appeal form supplied by the Clerk of Courts, attach a copy of the written decision of the magistrate to the appeal form, and pay the court costs as designated by the Court’s schedule.
When opposing counsel rejects a judgment entry, counsel may file written objections with the Court.
Court's wording
When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil cause shall, within ten (10) days thereafter, unless the time be extended by the Court, prepare a proper judgment entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after it is received by him and may, in case of rejection, file objections thereto in writing with the court.
When a request for finding of fact and conclusions of law is made, the Judge or Magistrate may direct the party making the written request to prepare, within five (5) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.
In a civil jury-trial case, the Judge or Magistrate may require the parties to submit proposed jury instructions before trial, either general and specific instructions or only case-specific instructions.
Court's wording
If the case is scheduled for a jury trial in a civil case, the Judge or Magistrate may order the parties to submit proposed jury instructions to the Court before the commencement of trial. The Judge or Magistrate may order the parties to submit either general and specific jury instructions, or just specific jury instructions that apply to the particular case, as the Judge or Magistrate elects.
A request to defer jury service must show necessity, be written or otherwise recorded, and include appropriate supporting documentation.
Court's wording
(E) Persons may be deferred from service by the Judge or other authorized Court official upon application showing the necessity which shall be in writing or otherwise recorded. All such requests must be accompanied by supporting, appropriate documentation.
Filing & Service rules
Electronic Filing Rules
Documents requiring a fee at filing will not be accepted by fax.
No document that requires a fee be paid at the time of filing will be accepted via facsimile.
Page 26 | RULE 24 FACSIMILE FILINGS
A fax filing is accepted as the original, so a separate original need not be filed, but the filer should retain the document with original signatures.
A document filed by fax shall be accepted as the original filing. The person making the filing shall not need to file an “original” document with the Court but should maintain the document with original signatures in his or her records.
Page 26 | RULE 24 FACSIMILE FILINGS
Electronically produced tickets may be filed with the Clerk either electronically or in paper form.
Electronically-produced tickets may be filed with the Clerk either electronically or in paper form.
Page 29 | RULE 31 ELECTRONICALLY PRODUCED TICKETS
Filing Timing and Cure Windows
Motions must be filed within the deadlines 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 3 | RULE 5 CRIMINAL/TRAFFIC CASE MANAGEMENT
Opposing counsel must submit the proposed findings to the Court within 10 days after receipt, including any objections and counterproposals in writing.
Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and counter proposals, if any, in writing; however, only those findings of fact and conclusions of law made by the Judge or Magistrate shall form part of the record.
Page 8 | RULE 12 JUDGMENT ENTRIES-CIVIL CASES
In non-magistrate cases, a party must make a motion within 10 days after the findings are filed to seek amended or additional findings or a corresponding judgment amendment.
In non-magistrate cases and upon motions of a party made within ten (10) days after filing of the findings, the Judge may amend the findings, make additional findings and may amend the judgment accordingly.
Page 8 | RULE 12 JUDGMENT ENTRIES-CIVIL CASES
When directed by the Court, prevailing counsel must prepare a judgment entry within 10 days, unless the Court extends the time.
When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil cause shall, within ten (10) days thereafter, unless the time be extended by the Court, prepare a proper judgment entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after it is received by him and may, in case of rejection, file objections thereto in writing with the court.
Page 8 | RULE 12 JUDGMENT ENTRIES-CIVIL CASES
When a request for finding of fact and conclusions of law is made, the Judge or Magistrate may direct the party making the written request to prepare, within five (5) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.
When a request for finding of fact and conclusions of law is made, the Judge or Magistrate may direct the party making the written request to prepare, within five (5) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.
Page 8 | RULE 12 JUDGMENT ENTRIES-CIVIL CASES
The Ohio Civil Rule 58 judgment entry must be journalized within 30 days of the verdict, decree, or decision.
The judgment entry specified in Ohio Civil Rule 58 shall be journalized within thirty (30) days of the verdict, decree or decision.
Page 8 | RULE 12 JUDGMENT ENTRIES-CIVIL CASES
Proposed jury instructions must be filed at least seven days before trial, unless the Court orders otherwise.
(D) All parties desiring specific jury instructions shall, at least seven (7) days prior to trial, file the proposed jury instruction with the Court and serve the same upon opposing counsel unless otherwise ordered by the Court.
Page 11 | Rule 15 — Jury Management Plan
A party opposing mediation or the appointed mediator must file a written objection within seven days after receiving notice of the Mediation Order.
(C) Any party opposed to the mediation or the mediator appointed by the Court must file a written objection with the Court within seven (7) days of receiving notice of the Mediation Order. Said motion shall state and explain the grounds for said objection.
Page 13 | Rule 16 Mediation (C)
The stipulation of dismissal or other proper entry must be filed within 30 days after settlement of a trial-set case.
(C) If a case set for trial is settled, the trial counsel shall immediately notify the Court and thereafter, as provided by these rules, file a stipulation of dismissal or other proper entry within 30 days or the case may be dismissed for want of prosecution.
Page 17 | RULE 17 — CONTINUANCES IN CIVIL AND CRIMINAL CASES
Unless a motion to the contrary is filed, the pending action will be dismissed after 180 days.
Unless motion to the contrary is filed, the pending action will be dismissed after one hundred eighty (180) days.
Page 25 | RULE 19 AUTOMATIC BANKRUPTCY STAY
An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when the fax is transmitted.
All documents sent by fax and accepted for filing shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.
Page 26 | RULE 24 FACSIMILE FILINGS
A party may seek to appear by telephone at a hearing other than trial by filing a motion at least three days beforehand, after timely notice to the other parties and if they do not object; the Court may deny the request as inappropriate.
Any party can file a motion to make an appearance at any hearing other than trial by telephone conference, if said motion is made at least three (3) days before the scheduled hearing, and the other party or parties are notified of this request at least three (3) days before the scheduled hearing, and the other party or parties do not object to conducting the hearing over the telephone. The Judge or Magistrate may deny any such request where the Court deems it is not appropriate.
Page 9 | RULE 14 CIVIL CASE MANAGEMENT
Service and Proof of Service Rules
A motion or pleading filing must include signed and dated proof of service, and the copy served on the opposing party or attorney must also be signed and dated.
(J) The filing of a motion or a pleading shall be accompanied by proof of service signed and dated. The copy served upon the opposite party or his attorney shall be signed and dated.
Page 6 | Rule 9 Pleadings and Motions
(D) All parties desiring specific jury instructions shall, at least seven (7) days prior to trial, file the proposed jury instruction with the Court and serve the same upon opposing counsel unless otherwise ordered by the Court.
(D) All parties desiring specific jury instructions shall, at least seven (7) days prior to trial, file the proposed jury instruction with the Court and serve the same upon opposing counsel unless otherwise ordered by the Court.
Page 11 | Rule 15 — Jury Management Plan
Creditors must mail a signed statement of indebtedness by return mail.
Creditors are required to mail signed statement of indebtedness by return mail.
Page 22 | Appendix 18 – D
The client and opposing counsel must be served with the proposed withdrawal entry and notice of the hearing date.
The proposed entry of withdrawal shall indicate that the client and opposing counsel have been served with a copy of the entry and notice of the hearing date.
Page 25 | RULE 20 APPEARANCE AND WITHDRAWALS OF COUNSEL
When an electronically produced citation or ticket is issued at the scene of an alleged offense, the issuing officer must provide the defendant a paper copy under Traf.R. 3(E).
If any electronically produced citation or ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket in accordance with Traf.R. 3(E).
Page 29 | RULE 31 ELECTRONICALLY PRODUCED TICKETS
The other parties must be notified of a request for telephone appearance at least three days before the hearing, and they must not object.
Any party can file a motion to make an appearance at any hearing other than trial by telephone conference, if said motion is made at least three (3) days before the scheduled hearing, and the other party or parties are notified of this request at least three (3) days before the scheduled hearing, and the other party or parties do not object to conducting the hearing over the telephone.
Page 9 | RULE 14 CIVIL CASE MANAGEMENT
If proposed jury instructions are ordered, they should be sent to the other parties by regular mail.
If the Judge or Magistrate orders the submission of proposed jury instructions, those instructions should be submitted to the other party or parties involved in the litigation by regular mail.
Page 9 | RULE 14 CIVIL CASE MANAGEMENT
Filing Fees and Waivers
A party demanding a civil jury trial must promptly deposit the reasonable amount set by the Clerk, with a minimum deposit of $350.
When a jury trial in a civil case is demanded, the party demanding the same shall be forthwith required to make an advance deposit as security for costs in such sum as the Clerk determines as reasonable. The cost of summoning jurors and the fees of jurors shall be apportioned to the respective proceeding and shall be taxed as part of the Court costs. The minimum deposit for jury trial shall be $350.00.
Page 4 | RULE 8 FEES AND COSTS
The required filing fee must be deposited before an action or proceeding is accepted, but security for costs is waived if the Clerk investigates and finds the filer indigent.
No action or proceeding shall be accepted for filing by the Clerk of this Court unless there first shall be deposited the filing fee required by this Court in the latest revised schedule of costs, except that upon a representation 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 4 | RULE 8 FEES AND COSTS
A civil jury demand must be accompanied by a $350 deposit, subject to statutes regarding indigency.
(B) In all civil cases said demand shall be accompanied by a deposit of $350.00 for all cases. This rule shall be subject to the statutes regarding indigency.
Page 11 | Rule 15 — Jury Management Plan
The required cost must be paid before a small-claims case can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by ORC 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
Page 26 | RULE 22 SMALL CLAIMS CASES
An affected person appealing a traffic photo-monitoring judgment must pay the court costs designated by the Court’s schedule.
In order to file an appeal from a judgment imposed under a traffic law photo monitoring device program, an affected person must file an appeal form supplied by the Clerk of Courts, attach a copy of the written decision of the magistrate to the appeal form, and pay the court costs as designated by the Court’s schedule.
Page 27 | Rule 26 Appeal from Judgment Imposed Under a Traffic Law Photo Monitoring Device Program
The costs of summoning jurors and juror fees are apportioned to the proceeding and taxed as court costs.
The cost of summoning jurors and the fees of jurors shall be apportioned to the respective proceeding and shall be taxed as part of the Court costs.
Page 4 | RULE 8 FEES AND COSTS
Deposits and advance payments may be returned only by court order and only if paid by the party against whom the Court assessed them.
Deposits and advance payments of fees and costs shall be returned only by order of the Court and only when the same have been paid by the party against whom they are assessed by the Court.
Page 4 | RULE 8 FEES AND COSTS
No additional fee is assessed for facsimile filings.
(F) No additional fee shall be assessed for facsimile filings.
Page 27 | Rule 8 Fees and Costs
Sealing & Redaction Procedures
(L) The Court, on its own motion, or on the motion of a party, and for good cause shown, may elect to allow juror anonymity to be protected, by requiring that reference to the jurors be made by juror number, rather than name. If such a procedure is implemented, the court will file, under seal, the juror questionnaires with the names, along with a copy of the questionnaires and juror lists that have the names and such information redacted. If such a procedure is implemented, the redacted questionnaires will be provided to the parties for the purpose of voir dire and then collected back from the parties after the jury is selected.
(L) The Court, on its own motion, or on the motion of a party, and for good cause shown, may elect to allow juror anonymity to be protected, by requiring that reference to the jurors be made by juror number, rather than name. If such a procedure is implemented, the court will file, under seal, the juror questionnaires with the names, along with a copy of the questionnaires and juror lists that have the names and such information redacted. If such a procedure is implemented, the redacted questionnaires will be provided to the parties for the purpose of voir dire and then collected back from the parties after the jury is selected.
Page 13 | (L)
Pre-Motion Conference Requirements
Opposing counsel has seven days to respond to a motion, but the Court may extend or shorten that time.
(K) Opposing counsel shall have seven (7) days to file a response. The Court may extend or restrict response time, as it deems appropriate.
Page 6 | Rule 9 Pleadings and Motions
If all required documents are included and satisfactory, the default-judgment motion is to be granted without an oral hearing unless the Court determines additional information is needed.
Otherwise, if all documents are included and satisfactory, the motion shall be granted without oral hearing unless the Court determines that additional information is needed to establish
Page 6 | Rule 10 Leaves to Move or Plead
Adjournment & Extension Requirements
After the first extension, further leave to move or plead requires Court approval, an application, notice to the opposing side, and good cause; opposing consent alone is insufficient.
Any leave to move or plead thereafter may be had only with the approval of the Court and upon application to the Court, with notice to the opposite party or counsel, and for good cause shown, consent of opposing party or counsel shall not in and of itself constitute good cause.
Page 6 | Rule 10 Leaves to Move or Plead
Trial continuance requests must be made by written motion and may be granted only by the assigned Judge or Magistrate.
(A) All requests for the continuance of a trial must be by written motion. Continuances shall be granted only by the Judge or Magistrate to whom the case is assigned.
Page 17 | RULE 17 — CONTINUANCES IN CIVIL AND CRIMINAL CASES
Except in forcible-entry-and-detainer or replevin actions, a party unprepared to move or plead by answer day may apply for one extension without the opposing side’s consent, for no more than 30 days.
(A) Except in actions for forcible entry and detainer or in replevin, when a party in any case is not prepared to move or plead by answer day ONE extension of time may be had upon application to the Court and without the consent of the opposite party or counsel for a period not exceeding thirty (30) days.
Page 6 | Rule 10 Leaves to Move or Plead
Chambers Communication Rules
Judge-juror communications must be written or placed on the open-court record, counsel for both parties must be informed, and counsel, parties, and witnesses may not contact the jury.
(G) From the time of reporting to the Court through the completion of the case any and all communications between the Judge and member of the jury shall be in writing or placed on the records in open Court. The counsel for both parties shall be informed of any communications. Under no circumstances shall counsel, either party, or any witnesses, have any contact with the jury.
Page 11 | Rule 15 — Jury Management Plan
A debtor must notify the Clerk whenever the debtor’s address or employment changes.
6. Debtor must at all times notify the Clerk of any change of address or change in employment.
Page 17 | RULE 18 — TRUSTEESHIP
When a trial-set case settles, trial counsel must immediately notify the Court.
(C) If a case set for trial is settled, the trial counsel shall immediately notify the Court and thereafter, as provided by these rules, file a stipulation of dismissal or other proper entry within 30 days or the case may be dismissed for want of prosecution.
Page 17 | RULE 17 — CONTINUANCES IN CIVIL AND CRIMINAL CASES
Prospective jurors must direct questions and communications to assigned personnel for instruction.
(F) All prospective jurors shall be placed under the supervision of assigned personnel and shall direct any questions or communications to such personnel for appropriate instruction.
Page 11 | Rule 15 — Jury Management Plan
The Clerk need not acknowledge a fax filing, the sender bears transmission risk, and filers are urged to verify receipt through available technological means.
The Clerk of Courts need not acknowledge receipt of fax filing. The risk of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technoligical means are available.
Page 26 | RULE 24 FACSIMILE FILINGS