Hardin County Municipal Court, Ohio

Pleadings must be faxed to the court’s designated number; faxes to other numbers are not filed, except for case-by-case equipment-malfunction exceptions.

All pleadings must be faxed to the Hardin County Municipal Court facsimile machine at (419) 674-4096. Facsimiles to any other number will be deemed as not filed with the Clerk of Court. Exceptions will be handled on a case by case basis in the event of equipment malfunction.

Page 79 | Provisions

Pleadings may be filed by facsimile subject to the definitions and provisions that follow.

The filing of pleadings may be made by facsimile subject to the following definitions and provisions:

Page 78 | Rule Number 25 — Filings by Facsimile

The Clerk of Court's fax machine is available to receive document transmissions 24 hours a day, seven days a week.

A. The office of the Clerk of Court facsimile machine will be available to receive facsimile transmission of documents on the basis of 24 hours per day 7 days per week.

Page 82 | Rule Number 25 — Filings by Facsimile

The court permits the use and filing of tickets produced by computer or other electronic means.

The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Hardin County Municipal Court.

Page 83 | Rule Number 26 — Electronically Produced Traffic Tickets

Traffic and criminal citations must be filed promptly after issuance to the Defendant, and a citation not filed within 24 hours of the scheduled appearance date is subject to dismissal.

All citations traffic and criminal issued within this Court’s jurisdiction shall be filed with the Court promptly after issuance to Defendant. Any citation not filed within 24 hours of the date set for the Court appearance is subject to dismissal.

Page 18 | RULE NUMBER 7 — CRIMINAL PROCEDURE - GENERAL

In all cases and upon the completion of the service, it shall be the duty of such assigned counsel, within 90 days, to submit an item-

In all cases and upon the completion of the service, it shall be the duty of such assigned counsel, within 90 days, to submit an item-

Page 20 | Rule Number 8 — Court Appointed Counsel

Where applicable, pretrial motions toll the time for bringing the defendant to trial until an entry reflecting the court’s decision is filed.

Pretrial motions, where applicable, shall toll the time within which the Defendant must be brought to trial until a judgment entry is filed reflecting the Court’s decision as to said motion (See O.R.C. Section 2945.72(H)).

Page 23 | Rule Number 9 — Case Management for Traffic/Criminal Cases

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure and comply with Criminal Rule 47 and Traffic Rule 11.

Motions must be filed within the time limits established by the Ohio Rules of Crimi- nal Procedure, and further shall comply with Criminal Rule 47 and Traffic Rule 11.

Page 23 | Rule Number 9 — Case Management for Traffic/Criminal Cases

Eligible defendants may file the safety-program paperwork up to 3 days after the arraignment date listed on the ticket.

Defendants who are eligible to participate in the safety program may file the necessary paperwork (Exhibit I) up to 3 days after the arraignment date listed on the traffic ticket.

Page 42 | Rule Number 12 — Traffic Safety Program

After notice, the case will be dismissed within ten days unless good cause is shown.

If counsel fails to obtain service of summons within two (2) months from the date of the filing of the action, the Clerk shall notify counsel that the case will be dismissed within ten (10) days unless good cause is shown to the contrary.

Page 44 | RULE NUMBER 14 — CASE MANAGEMENT FOR CIVIL CASES

The Pretrial Report must be filed at least one week before the scheduled pretrial date.

All attorneys attending a pretrial must complete the appropriate Pretrial Report and file it with the Court and opposing counsel at least one week prior to the scheduled pretrial date (See Attachments B and C.)

Page 47 | Rule Number 14 — Case Management for Civil Cases

The entry must be submitted to opposing counsel within five days of the Court’s decision.

entry shall be submitted to opposing counsel within five (5) days of the Court’s decision.

Page 49 | Rule Number 14 — Case Management for Civil Cases

Opposing counsel must approve or reject the entry within five days after receiving it.

Opposing counsel shall approve or reject the entry within five (5) days thereafter.

Page 49 | Rule Number 14 — Case Management for Civil Cases

The journal entry must be submitted to the Judge within 15 days of the Court’s decision; afterward, the Court may prepare its own entry.

Within fifteen (15) days of the Court’s decision, the journal entry shall be submitted to the Judge, or, thereafter, the Court will be free to prepare its own journal entry.

Page 49 | Rule Number 14 — Case Management for Civil Cases

Prevailing counsel must submit an application for default judgment within 10 days after the Clerk’s notification that the case has defaulted, 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 judgment within ten (10) days or the case will be dismissed for want of prosecution.

Page 49 | Rule Number 14 — Case Management for Civil Cases

The parties may settle without appearing if they file an entry reflecting settlement within 30 days of the trial date; untimely filing may result in dismissal for want of prosecution.

The avoidance of trial by settlement of the parties shall be allowed without appearance so long as an entry reflecting the settlement of the case is filed within thirty (30) days of the date set for trial. If the parties fail to file said entry in a timely fashion, the case may be dismissed by the Court on its own motion for want of prosecution.

Page 49 | Rule Number 14 — Case Management for Civil Cases

The motion requesting telephone appearance must be submitted to the Judge for review at least one week before the pretrial, trial, or hearing date.

THIS MOTION MUST BE TO THE JUDGE FOR REVIEW AT LEAST 1 WEEK PRIOR TO THE PRETRIAL/TRIAL/HEARING DATE.

Page 49 | Rule Number 14 — Case Management for Civil Cases

For a civil jury trial expected to last one day, the additional $650 deposit must be tendered at least three weeks before trial.

An additional deposit of six hundred fifty dollars ($650.00) shall be tendered no less than three weeks before trial date providing that the jury trial is expected to last only one day.

Page 61 | Rule Number 19 — Jury Management Plan

When trial appears inevitable, the jury panel must be summoned at least 14 days before trial.

If it appears that trial is inevitable, a jury panel shall be summoned at least fourteen (14) days in advance of trial.

Page 62 | Rule Number 19 — Jury Management Plan

A fax filing’s effective filing date and time is when the Clerk accepts it for filing.

Effective date and time of filing means the date and time that a facsimile filing is accepted by the Clerk of Court for filing.

Page 79 | Definitions

Unless the Court orders otherwise, a missing exhibit must be filed within five business days after the faxed document is filed; failure may result in the document or exhibit being stricken.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Clerk of Court as a separate document, not later than five (5) business days following the filing of the facsimi- le document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.

Page 80 | Exhibits

An accepted fax filing is considered filed at the date and time the Clerk time-stamps it as received, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax and ac- cepted by the Clerk 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 82 | Rule Number 25 — Filings by Facsimile

Applications must be made as far in advance as possible and at least 30 minutes before the case, unless the Judge waives advance notice for good cause.

Applications shall be made as far in advance as possible but not less than 30 minutes prior to the Courtroom case to be recorded. The Judge may waive any advance notice for good cause.

Page 87

The plaintiff pretrial statement must be filed with the court at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

Page 92 | ATTACHMENT B

The defendant pretrial statement must be filed at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

Page 94 | ATTACHMENT C

A prospective juror requesting excusal must take all necessary steps to obtain a ruling by the scheduled jury-duty appearance date.

A prospective juror who requests to be excused from jury service under this section shall take all actions necessary to obtain a ruling on that request by no later than the date on which the prospective juror is scheduled to appear for jury duty.

Page 98 | Rule Number 19 — Jury Management Plan

Return the form and completed questionnaire within two days of receipt.

Please return this form and your completed questionnaire within two days of receipt.

Page 103

The Court will stay the proceedings for 30 days once it receives the completed application and waiver payment.

The Court will stay the proceedings in the case for 30 days? once the completed applica- tion and waiver payment are received.

Page 42 | Rule Number 12 — Traffic Safety Program

If a settlement entry has not been received within thirty days after the file is marked for forwarding, the Clerk must notify the parties that the case will be dismissed unless the entry is received within ten days.

When a file has been marked "settlement entry to be forwarded to the Court" and the entry has not been received within thirty (30) days of said note, the Clerk shall notify the parties that the case will be dismissed unless that entry is received within ten (10) days.

Page 45 | Rule Number 14 — Case Management for Civil Cases

Counsel must submit a default entry within ten days after notification or the case may be dismissed.

Counsel shall be required to submit a default entry within ten (10) days of notification, otherwise the case may be dismissed.

Page 45 | Rule Number 14 — Case Management for Civil Cases

If a case not set for trial has had no activity for at least thirty days, the Clerk must notify the parties that it will be dismissed within ten days unless good cause is shown.

If no action has been taken on a case for a period of thirty (30) days or more, and the case has not been set for trial, the Clerk shall notify the party or parties that the case will be dismissed within ten (10) days unless good cause is shown.

Page 45 | Rule Number 14 — Case Management for Civil Cases

If faxed documents lack the specified cover-page information, the Clerk may file them or deposit them with a notation, in which case they are not considered filed.

B. If a document is sent by fax to the Clerk of Courts without the cover page information listed above, the Clerk may, at its discretion: a. Enter the document(s) in the case docket and file the document(s). b. Deposit the document(s) in the case file with a notation of the reason for the non-filing. In this instance, the document shall not be considered filed with the Clerk of Courts.

Page 81 | Rule Number 25 — Filings by Facsimile

Jurors must complete and return the questionnaire in the enclosed addressed stamped envelope within two days.

Please read carefully and answer the questions on this form and return it in the enclosed addressed stamped envelope within the next two (2) days.

Page 99 | Juror Questionnaire

Written pleas of not guilty may be submitted before the scheduled appearance date.

WRITTEN PLEAS OF NOT GUILTY: Written pleas of not guilty will be accepted in advance of the scheduled appearance date.

Page 18 | RULE NUMBER 7 — WRITTEN PLEAS OF NOT GUILTY

Without the party’s approval, the withdrawal matter must be set for hearing and all parties and counsel must be notified.

If approval has not been obtained, the matter shall be set for hearing, of which all parties and counsel shall be notified.

Page 16 | RULE NUMBER 5 — WITHDRAWAL OF COUNSEL

Counsel must obtain service of summons within two months after filing; otherwise, the case will be dismissed within ten days after notice unless good cause is shown.

If counsel fails to obtain service of summons within two (2) months from the date of the filing of the action, the Clerk shall notify counsel that the case will be dismissed within ten (10) days unless good cause is shown to the contrary.

Page 44 | RULE NUMBER 14 — CASE MANAGEMENT FOR CIVIL CASES

Summons must be served in accordance with the Ohio Rules of Civil Procedure.

Summons shall be served in accordance with the Ohio Rules of Civil Procedure.

Page 44 | RULE NUMBER 14 — CASE MANAGEMENT FOR CIVIL CASES

The assignment commissioner must notify counsel or the parties of the pretrial type by mail or telephone at least fourteen days before the conference.

Notice of pretrial conference designating the type of pretrial shall be provided to all counsel of record or parties by mail or by telephone from the assignment commissioner not less than fourteen (14) days prior to said conference.

Page 46 | 6. PRETRIALS

The Pretrial Report must be provided to opposing counsel at least one week before the scheduled pretrial date.

All attorneys attending a pretrial must complete the appropriate Pretrial Report and file it with the Court and opposing counsel at least one week prior to the scheduled pretrial date (See Attachments B and C.)

Page 47 | Rule Number 14 — Case Management for Civil Cases

A Writ of Restitution must be served within 20 days of its file-stamp date; if it remains unserved, the law enforcement agency returns it to the Court.

A Writ of Restitution for Forcible Entry and Detention must be served within 20 days from the file stamp date. If the Writ of Restitution has not been served, the law enforcement agency will return the writ to the Court.

Page 52 | Forcible Entry and Detainer

Additional creditors may be added upon application and service of notice to each; when a creditor makes the application, similar notice must be given to the debtor unless that creditor has obtained a judgment in a Court of record.

Additional creditors may be enlisted in the trusteeship upon application and service of a notice to each additional creditor as hereto 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 56 | Rule Number 17 — Trusteeships, 3. Notice Requirements

Orders in aid of execution must be served and scheduled under applicable law and the Civil Rules.

Orders in aid of execution shall be served and scheduled pursuant to law and the Civil Rules.

Page 58 | Rule Number 18 — Proceedings in Aid of Execution

The creditor or their attorney must mail a copy of the personal-property sale notice to all parties and attorneys of record.

A copy of the notice of the sale of personal property shall be mailed by the creditor or their attorney to all parties and to attorneys of record in the case.

Page 59 | Rule Number 18 — Proceedings in Aid of Execution

The exhibit cover sheet must be served in accordance with the Court’s rules governing the signing and service of pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the Judge and the title of the exhibit being filed (e.g., Attachment I, Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court (See appendix for sample exhibit sheet).

Page 80 | Exhibits

When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the Defendant with a paper copy of the ticket, in compliance with Traffic Rule 3 (F)(1) and (2).

Page 83 | Rule Number 26 — Electronically Produced Traffic Tickets

The plaintiff pretrial statement must also be provided to opposing counsel at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

Page 92 | ATTACHMENT B

The defendant pretrial statement must be provided to opposing counsel at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

Page 94 | ATTACHMENT C

When the complaint is filed, the case is set for trial and notice is sent to the defendant with the petition.

Upon the filing of the complaint, the case will be set for trial and notice thereof included with the copy of the petition sent to Defendant.

Page 54 | RULE NUMBER 16 — SMALL CLAIMS DIVISION

All creditors listed in the trusteeship will be notified as required by law.

All creditors listed will be notified as required by law

Page 56 | Rule Number 17 — Trusteeships, 3. Notice Requirements

Prospective jurors must be notified of jury service by summons sent by regular mail.

All prospective jurors shall be notified by regular mail of their requirement of jury service by the issuance of a summons directing them to appear on the date assigned (See Attachment D).

Page 61 | Rule Number 19 — Jury Management Plan

The document presents this as a suggested local policy: an officer serves the writ on the named person, or posts it on the door if that person cannot be located at the premises.

Once a time has been arranged, an officer shall meet the writ holder at the premises and shall serve the writ upon the person(s) named therein. If the person(s) named in the writ cannot be located at the premises, the writ shall be served by posting a copy of same to the door of the premises.

Page 51 | Forcible Entry and Detainer

An action or proceeding will not be accepted without the required deposit unless refusal would cause a filing time limit to expire.

Further, no action or proceeding shall be accepted for filing by the Clerk of this Court without the required deposit, unless the refusal of the filing would cause the expiration of time limitations for filing.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Proceedings in the same case or a later suit on the same cause of action are stayed until costs from the former action are paid, unless the Court orders otherwise.

When a case in this Court is dismissed for want of prosecution or for failure to comply with an order of the Court, or by Plaintiff without prejudice before judg- ment, all the proceedings by the Plaintiff in the same case or in any subsequent suit upon the same cause of action shall be stayed until the costs in the former action are paid, unless otherwise ordered by the Court.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

A $130 deposit is required when filing a civil complaint naming one defendant, except in small claims and forcible entry and detainer cases.

A deposit of $130.00 in civil cases, excepting small claims and forcible entry and detainer, shall be required to be made at the time of the filing of the complaint for one Defendant.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

The Clerk will not accept a Plaintiff’s action or proceeding for filing while costs remain due on any case involving that Plaintiff.

No action or proceeding shall be accepted for filing by the Clerk of this Court by any Plaintiff or attorney of record if there remain costs due on any case involving the Plaintiff.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Once a cost deposit is exhausted, the Clerk charges costs, which must be paid as they accrue.

When a cost deposit is exhausted, the Clerk shall charge costs and the same shall be paid as they accrue.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Each additional defendant named in a civil complaint requires an additional $35 deposit when the complaint is filed.

Each additional Defendant named in a civil suit shall require an additional $35.00 deposit at the time of filing of the complaint.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Forcible entry and detainer complaints require an initial deposit of $145–$175 depending on property location, plus $30–$60 for each additional defendant.

Deposit required for forcible entry and detainer will vary depending on the location of the property; initial deposit is $145.00- $175.00 with an additional $30.00-60.00 for each additional Defendant.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Issuing an execution against personal property requires a $300 deposit.

A deposit of $300.00 is required for the issuance of an execution against personal property.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Personal service within Kenton city limits requires an additional $30 deposit.

An additional deposit of $30.00 is required as security for personal service within the City of Kenton limits.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Personal service outside Kenton city limits in Hardin County requires an additional $50 deposit for each person to be served.

An additional deposit of $50.00 is required as security for personal service within Hardin County (OUTSIDE City of Kenton limits) for each person to be served.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Foreign service through the sheriff’s office requires an additional $40 deposit for each county where service is to be made.

An additional deposit of $40.00 is required as security for Foreign Service for each county in which service is to be made, if such Foreign Service is to be made through the sheriff's office.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Service by publication requires an additional deposit equal to its probable cost, with a minimum of $200.

In any case wherein service is to be made by publication, an additional deposit in the amount of the probable cost thereof, but not less than $200.00 will be required.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

A $35 deposit is required when a cross-complaint or third-party complaint is filed.

A deposit of $35.00 shall be made in all cases upon the filing of a cross- complaint or upon the filing of a third-party complaint.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

A debtor’s examination requires a $70 deposit.

A deposit of $70.00 shall be required for a debtor's examination.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

In cognovit cases, costs must be paid when the judgment is filed.

In cognovit cases, the costs shall be paid upon the filing of the judgment.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

Filing a request for driving privileges in the Traffic Division costs 20.00.

For the filing of a request for driving privileges- Traffic Division 20.00

Page 13

Issuing a contempt writ in the Traffic/Criminal Division costs 30.00.

Issuing writ for contempt- Traffic/Criminal Division 30.00

Page 13

Filing a probation violation costs 30.00.

For the filing of a probation violation 30.00

Page 13

Issuing a supplemental summons costs 20.00.

For the issuance of a supplemental summons 20.00

Page 13

Filing and issuing a protection order costs 20.00.

For the filing and issuance of a protection order 20.00

Page 13

Preparing and issuing a bindover costs 25.00.

Preparation and issuance of Bindover 25.00

Page 13

Issuing a certified garnishment for personal earnings in a civil case costs 149.00.

Issuance of garnishment for personal earning in civil cases- certified 149.00

Page 13

Issuing an ordinary garnishment for personal earnings in small claims costs 75.00.

Issuance of garnishment for personal earnings in small claims- ordinary 75.00

Page 13

A 25.00 additional deposit is required to proceed in an active civil case when all deposited funds are depleted.

Additional deposit required to proceed in active civil case if all monies on deposit are depleted 25.00

Page 13

The fee for a returned check is 15.00.

Fee for returned check 15.00

Page 13

Each requested record check costs 10.00.

For each record check requested 10.00

Page 13

Issuing a garnishment for other than personal earnings costs 42.00 plus $1 for each bank.

Issuance of garnishment for other than personal earnings 42.00, plus $1 for bank

Page 13

Filing an indigency affidavit and obtaining a court finding in the Traffic/Criminal Division costs 25.00.

Filing of indigency affidavit and finding of the Court- Traffic/Criminal 25.00

Page 13

Taking each bond or recognizance costs 10.00.

Taking bonds, or recognizances, each 10.00

Page 13

Issuing driving privileges with updated insurance in the Traffic Division costs 10.00.

Issuance of driving privileges with updated insurance- Traffic Division 10.00

Page 13

Issuing an ordinary garnishment for personal earnings in a civil case costs 130.00.

Issuance of garnishment for personal earnings in civil cases- ordinary 130.00

Page 13

Issuing jail papers costs 10.00.

Issuance of jail papers 10.00

Page 13

Issuing public service rules costs 10.00.

Issuance of public service rules 10.00

Page 13

Issuing a second or subsequent payment schedule costs 10.00.

Issuance of second or more payment schedule 10.00

Page 13

Issuing a show cause in the Traffic/Criminal Division costs 15.00.

For the issuance of a show cause- Traffic/Criminal division 15.00

Page 13

Issuing a wage withholding costs 10.00.

Issuance of wage withholding 10.00

Page 13

The pay-to-stay jail fee is 45.00 per day.

Pay to stay jail fee (per day) 45.00

Page 13

Modifying, reissuing, or terminating a protection order costs 15.00.

For the modification, reissuance or termination of protection order 15.00

Page 13

Filing for expungement costs 50.00, with the stated distribution depending on the case outcome.

Filing of expungement* 50.00 *If Defendant is convicted of a violation and files for expungement/seal- ing of record, the costs of $50 will be disbursed per O.R.C. 2953.32, with the balance going to local costs. If the case is dismissed or a finding of not guilty, the $50 will be disbursed to local costs

Page 13

The wedding fee is 25.00.

Wedding fee 25.00

Page 13

The pre-sentence investigation fee is 10.00.

Pre-sentence investigation fee 10.00

Page 13

Calling a jury on a civil case costs 600.00.

Calling Jury on a Civil Case 600.00

Page 14

Filing a new complaint for service by process server costs 125.00.

Filing of new complaint for service by Process Server 125.00

Page 14

Transferring a civil case from another county costs 125.00.

Civil case transfer from another county 125.00

Page 14

Transferring a case from small claims to a civil case costs 125.00.

Transfer from small claims to a civil case 125.00

Page 14

Filing for process server service on an existing complaint costs 50.00.

Filing for process server service on existing complaint 50.00

Page 14

The initial deposit for filing for driving privileges in the civil division is 125.00.

Filing for driving privileges in the civil division- INITIAL DEPOSIT 125.00

Page 14

The Clerk or Deputy Clerk must collect $110.00 in court and state costs per case, in addition to fines.

In addition to fines, the Clerk or Deputy Clerk shall collect and receipt the amount of $48.00 per case as Court costs, $13.00 per case for the Court special projects fund and $10.00 per case for the Court computerization fund. Also, the Clerk or Deputy Clerk shall collect and receipt the amount designated by law currently $39.00 for state costs, totaling $110.00.

Page 29 | COURT COSTS

Before the Court date, a defendant whose offense is eligible for Traffic Violations Bureau processing may pay fines and costs in person, by mail, or online, or enter a thirty-day payment agreement in person.

A Defendant charged with an offense which can be processed by a Traffic Violations Bureau may pay in full before the Court date: (1) Appear in person at the Traffic Violations Bureau, sign a plea of guilty and waiver of trial provision of the ticket and pay the total amount of the fine and costs, or enter into a thirty day agreement for payment of same (2) Sign the guilty plea and waiver of trial provision of the ticket and mail the ticket and payment for the total amount of the fine and costs to the Traffic Violations Bureau (3) Pay the total amount of fine and costs online.

Page 29 | DEFENDANT’S APPEARANCE, PLEA, AND WAIVER OF TRIAL

The total waiver for gross or axle overloads exceeding 10,000 pounds is calculated using the stated fine and court-cost formula.

Gross and/or axle overloads exceeding 10,000 lbs. ($165.00 + $3.00/hundred + $115.00 Court costs = Total Waiver)

Page 39 | Gross and/or axle overloads exceeding 10,000 lbs.

The total waiver for gross or axle overloads between 5,000 and 10,000 pounds is calculated using the stated fine and court-cost formula.

Gross and/or axle overloads between 5,000 and 10,000 lbs. ($135.00 + $2.00/hundred + $110.00 Court costs = Total Waiver)

Page 39 | Gross and/or axle overloads between 5,000 and 10,000 lbs.

For an offense processable by the Criminal Violations Bureau, a defendant may pay the full fine and costs in person, by mail, or online before the court date, and remittance constitutes a guilty plea and waiver of trial.

A Defendant charged with an offense which can be processed by a Criminal Violations Bureau may pay in full before the Court date: (1) Appear in person at the Criminal Violations Bureau and pay the total amount of the fine and costs (2) Mail the ticket and payment for the total amount of the fine and costs to the Crim- inal Violations Bureau (3) Pay total amount of fine and costs online. Remittance in person, online or by mail of the fine and costs to the Criminal Violations Bureau constitutes a guilty plea and waiver of trial.

Page 40 | DEFENDANT’S APPEARANCE, PLEA, AND WAIVER OF TRIAL

The Clerk or Deputy Clerk must collect and receipt $100 in costs per case, including the listed court, special-projects, computerization, and state costs.

In addition to the fines, the Clerk or Deputy Clerk shall collect and receipt the amount of $48.00 per case as Court costs, $13.00 per case for the Court special projects fund and $10.00 per case for the Court computerization fund. Also, the Clerk or Deputy Clerk shall collect and receipt the amount designated by law currently $29.00 for state costs totaling $100.00.

Page 40 | COURT COSTS

A jury demand must be timely filed with the appropriate deposit for the trial to be before a jury.

Unless a jury demand is timely filed with the appropriate deposit, all trials shall be to the Court.

Page 48 | Rule Number 14 — Case Management for Civil Cases

Unless the Court orders otherwise, the Plaintiff must post an $85 deposit before a writ of restitution issues.

Unless otherwise ordered by the Court, Plaintiff shall post the required deposit of $85.00 before the writ issues.

Page 50 | Rule Number 15 — Forcible Entry and Detainer

A small claims case requires an $82.00 cost deposit for one defendant.

The cost deposit for a small claims case shall be $82.00 for one Defendant.

Page 53 | RULE NUMBER 16 — SMALL CLAIMS DIVISION

Each additional defendant requires a $22.00 deposit when the petition is filed.

Each additional Defendant named in a small claims case suit shall require an additional $22.00 deposit at the time of filing of the petition.

Page 53 | RULE NUMBER 16 — SMALL CLAIMS DIVISION

Civil jury demands require a $750 deposit, paid in specified installments, with an additional deposit required for trials expected to exceed one day; failure to pay results in no jury and waiver of jury trial.

In civil cases, a jury deposit of seven hundred fifty dollars ($750.00) shall be assessed. If the jury demand is made upon the filing of a complaint or made upon the filing of a responsive pleading, one hundred dollars ($100.00) of the deposit shall accompany said pleading. An additional deposit of six hundred fifty dollars ($650.00) shall be tendered no less than three weeks before trial date providing that the jury trial is expected to last only one day. If the jury trial is expected to exceed one day, an additional deposit will be required. In the event either deposit is not made, no jury will be summoned, and the failure to make said deposit shall be deemed a waiver of the right to trial by jury.

Page 61 | Rule Number 19 — Jury Management Plan

Credit and debit card payments for fines and costs in Criminal and Traffic cases may be made only through the Court’s website, not at law enforcement agencies.

Credit and debit cards will be accepted through the Court’s website only, managed by a third party provider. Online payments may be made on fines and costs for Criminal and Traffic cases only. No credit or debit card payments will be accepted at the Kenton Police Department or any other law enforcement agency.

Page 77 | Rule Number 24 — Credit Card Acceptance Policy

Faxed documents requiring a filing fee will not be accepted until costs, fees, or deposits are paid; documents with unpaid costs, incomplete charge authorization information, or rule nonconformity will not be filed.

A. No document received by facsimile that requires a filing fee shall be accepted by the Clerk for filing until Court costs and fees or deposits have been paid. Docu- ments tendered to the Clerk without payment of Court costs and fees or deposits, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.

Page 82 | Rule Number 25 — Filings by Facsimile

A pleading will not be file-stamped unless any applicable cost deposit is on file with the Court.

B. No pleading will be file stamped if the appropriate cost deposit, if applicable, is not on file with the Court.

Page 82 | Rule Number 25 — Filings by Facsimile

Postage or other necessary charges for notifying a filer of noncompliance will be added to the costs.

The Clerk will notify the party or attorney filing non-complying documents by telephone or mail of the non-compliance. Postage or other necessary charges will be added to the costs.

Page 7 | RULE NUMBER 2 — RECORDS - FILING OF CASES

Copies of documents in court files are available for a charge set by state law and local court rules.

Any person shall be entitled to copies of any document contained in any file. The charge therefore shall be as established by state law and local Court rules.

Page 7 | RULE NUMBER 2 — RECORDS - FILING OF CASES

A record-check request must be accompanied by the fee established by local court rules.

The request shall be accompanied by the appropriate fee as established by local Court rules.

Page 8 | RULE NUMBER 2 — RECORDS - FILING OF CASES

After investigating a representation of indigency, the Court must waive security for costs if it finds the indigency exists.

Upon representation of indigency, the Court shall investigate the accuracy of such representation and upon finding by the Court that such indigency does exist, the security for costs shall be waived.

Page 9 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

If the Court has approved a poverty affidavit, it may waive the publication-cost deposit upon request by the party’s attorney.

In any case in which the Court has approved a poverty affidavit, the Court may, upon request by such party's attorney, waive deposit for costs of publication.

Page 10 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS

A deposit payable to the Victim's Assistance Fund must be collected in the amount set by law.

A deposit shall be collected in the amount designated by law as payable to the Victim's Assistance Fund.

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A $20.00 fee is charged for making a certificate of judgment, including the praecipe.

7 Making certificates of judgments (includes praecipe) 20.00

Page 11 | SCHEDULE OF COSTS

A $45.00 fee is charged for each cause.

1 For each cause $45.00

Page 11 | SCHEDULE OF COSTS

A $1.00 fee per document is charged for making a complete record, including indexing each page.

5 Making complete record, including indexing each page, per document 1.00

Page 11 | SCHEDULE OF COSTS

A $10.00 fee applies for each name for issuing a subpoena, swearing witnesses, entering attendance, and certifying fees.

3 Issuing subpoena, swearing witnesses, entering attendance, certifying fees, each name 10.00

Page 11 | SCHEDULE OF COSTS

The Court accepts money orders, business or cashier’s/certified checks, and cash, but will not accept coin or change payments over $10.00.

ACCEPTED FORMS OF PAYMENT: The Court will accept money orders, business checks, cashier’s checks/certified checks and cash. No coin/change payments over $10.00 will be accepted.

Page 11

The fee for calling a jury in Traffic/Criminal cases is $60.00.

4 Calling jury- Traffic/Criminal 60.00

Page 11 | SCHEDULE OF COSTS

A $5.00 fee is charged for acknowledging each instrument in writing.

6 Acknowledging all instruments in writing, each 5.00

Page 11 | SCHEDULE OF COSTS

A $4.00 fee is charged to issue a notice for each person.

2 Issuing notices, per person 4.00

Page 11 | SCHEDULE OF COSTS

Refunds of overpayments, deposits, or bonds will not be made when the refund is less than $10.01.

No refunds will be made for less than $10.01 for any overpayments or re-funds of deposits and/or bonds.

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A $2.00 fee is charged for issuance of a certified copy.

18 For the issuance of a certified copy 2.00

Page 12 | SCHEDULE OF COSTS

A $10.00 fee is charged for filing and issuing a summons.

23 Filing and issuance of summons 10.00

Page 12 | SCHEDULE OF COSTS

The fee for issuance of a writ of restitution by the Sheriff is $90.00.

14 For the issuance of a writ of restitution - By Sheriff 90.00

Page 12 | SCHEDULE OF COSTS

Briefs are submitted only when requested by a party or the Court, or when the Court grants counsel’s request; when requested, the moving party has 14 days, the opposing party has 14 more days, and an appropriate reply is due 7 days later.

An issue or case shall be submitted to the Court for decision without briefs unless the Court requests briefs, or grants a request of counsel to present briefs. When requested by a party or by the Court, briefs shall be submitted to the Court by the Plaintiff or moving party within fourteen (14) days, and by the opposing party within fourteen (14) days thereafter. A reply brief, if appropriate, will be filed within seven (7) days thereafter. The Court may extend or shorten the time for good cause. Upon failure of either party to file a brief within time, the case may be disposed of without the assistance of briefs.

Page 15 | RULE NUMBER 4 — BRIEFS

Opposing counsel must answer a motion in like manner within fourteen days after receipt; motions are then submitted unless the Court extends the time, and an oral hearing requires a party’s request and the Court’s determination that it is necessary.

Opposing counsel shall answer in like manner within fourteen (14) days after receipt of said motion. All motions will be consid- ered submitted at the end of the said fourteen (14) day period unless time is extended by the Court. No oral hearings will be granted in said motions unless specifically requested by a party and the Court deems said oral hearing necessary.

Page 46 | 5. MOTIONS

A continuance motion must state its reason and include a time waiver and journal entry with opposing counsel’s original signature or an indication that counsel refused to sign.

Motions for continu- ances shall set forth the reason for the continuance, and be accompanied by a time waiver and an appropriate journal entry which shall contain a signature line bearing the original signature of opposing counsel or indicating refusal of same.

Page 23 | Rule Number 9 — Case Management for Traffic/Criminal Cases

After the pretrial conference, no further continuance will be granted unless it is clearly an absolute necessity or in the interests of justice.

Upon the conclusion of the pretrial conference, no further continuances shall be granted unless it is clear that a further continuance is an absolute necessity, or is in the inter- ests of justice.

Page 23 | Rule Number 9 — Case Management for Traffic/Criminal Cases

A plea date may not be continued unless a written motion and order stating the reasons are filed and provided to the court.

Once a plea date is set, no continuance of said plea date shall be granted unless a written motion and order is filed and provided to the Court setting forth the reasons for the continuance.

Page 24 | Rule Number 9 — Case Management for Traffic/Criminal Cases

A request to continue the pretrial conference must be made to the Court by motion.

Any application for continuance of said conference shall be addressed to the Court by motion.

Page 46 | 6. PRETRIALS

A continuance of a trial or hearing requires a written motion stating the reasons, and opposing counsel may respond before the Court rules.

No party shall be granted a continuance of a trial or a hearing without a written motion from the party, or his/her counsel, stating the reasons for the con- tinuance. Opposing counsel shall have the right to respond to said continuance request before a ruling is made.

Page 48 | Rule Number 14 — Case Management for Civil Cases

A continuance of no more than two weeks may be requested in writing on the Clerk's special form at the Clerk's office, and it must be requested by Friday of the week before trial.

A request for a continuance of the trial date for a period not exceeding two weeks later than the original scheduled hearing date may be made at the Clerk of Court’s office in writ- ing on a special form provided by the Clerk. No continuances will be allowed unless requested by Friday of the week preceding the trial.

Page 54 | RULE NUMBER 16 — SMALL CLAIMS DIVISION

A request for an additional pre-trial continuance includes the reason for the request.

14. Additional continuance of pre-trial requested by State/City, Defendant or both for the following reason:

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The Court may extend or shorten the briefing time for good cause.

The Court may extend or shorten the time for good cause.

Page 15 | RULE NUMBER 4 — BRIEFS

When counsel has another trial scheduled for the same date, the case set first has priority; criminal cases assigned for trial have priority over civil cases.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on 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 in accordance with the Rules of Superintendence.

Page 48 | Rule Number 14 — Case Management for Civil Cases

The Court has discretion to grant any other request to continue a scheduled trial date.

The granting of any other request for continuance of a scheduled trial date is within the discretion of the Court.

Page 48 | Rule Number 14 — Case Management for Civil Cases

If a police officer or prosecutor believes an own-recognizance bond is insufficient, the Judge must be contacted for additional authority.

If the police officer or prosecutor has reasonable cause to believe that an own re- cognizance bond is insufficient, the Judge shall be contacted for additional authority.

Page 25 | BAIL - FINES AND COSTS - RESTITUTION

Communications between the Judge and jury panel must be written or made on the record, with counsel notified and given an opportunity to be heard; counsel, parties, and witnesses must not contact jurors.

All communications between the Judge and the members of the jury panel, from the time of report to the Court through dismissal, shall be committed to writing or placed on the record in open Court. Counsel for each party shall be informed of any communication, and shall be given the opportuni- ty to be heard as to such communications. Under no circumstances shall counsel, a party, or other witnesses have any contact with jurors.

Page 69 | Jury Management Plan

Prospective jurors must direct questions and communications to assigned Court personnel.

Upon appearance for service, all prospective jurors shall be placed under the supervision of assigned personnel and shall direct any questions or communications to such Court personnel for appropriate action.

Page 69 | Jury Management Plan

Prospective jurors must call the Court at the listed number after 4:30 p.m. the day before their appearance to confirm whether to report and, if they submitted an excusal request, call through the day before trial to learn whether it was granted.

YOU ARE TO CALL THE COURT AT (419) 674-4362 THE DAY BEFORE THE DATE YOU ARE TO APPEAR TO CONFIRM WHETHER OR NOT YOU ARE TO REPORT ON THE DATE SHOWN ON THIS NOTICE. PLEASE CALL AFTER 4:30 P.M., A VOICE MESSAGE WILL BE IN PLACE TO INFORM YOU OF THE STATUS OF THE NEXT DAY'S TRIAL. IF YOU SENT IN AN EXCUSAL, PLEASE CALL UP TO THE DAY BEFORE THE TRIAL TO SEE IF IT WAS GRANTED.

Page 98 | Rule Number 19 — Jury Management Plan

To request a file-stamped copy of a fax filing, mail the Clerk a cover letter requesting it with a self-addressed stamped envelope.

If the party sending the fax needs a file stamped copy, they are to mail a self- addressed stamped envelope and a cover letter requesting said file stamped copy to the Clerk. The Clerk will then forward by mail the requested copy.

Page 79 | Provisions

The Clerk will not acknowledge fax receipt; the sender bears the transmission risk and is urged to verify receipt by telephone.

C. The Clerk of Court will not send any form of notice to the sending party to acknowledge receipt of a facsimile transmission. D. 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 re- ceipt of such filing by the Clerk of Court by telephone.

Page 82 | Rule Number 25 — Filings by Facsimile

Do not call Court officials to request an exemption from jury service.

Please do not call the Court officials to secure an exemption.

Page 98 | Rule Number 19 — Jury Management Plan

Call (419) 674-4362 with questions.

If you have a question, call (419) 674-4362.

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