Highland County Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The court may extend the time to file a motion or response, subject to Civ.R. 6(B).
- A continuance requires a written motion stating the reason, and a scheduling conflict with another case requires a copy of that court’s previously scheduled order; criminal trials take priority over civil trials, and the earliest-scheduled civil trial takes priority among civil cases.
- A continuance of a trial or hearing requires a written motion stating the reason; a scheduling conflict with another case requires the previously scheduled court's order, criminal trials take priority over civil trials, and other trial continuances are within the court's sole discretion.
Request must include
Communication
Phone
Page & Word Limits2 rules
c. Any documents in excess of twenty (20) pages, unless prior approval is granted by the clerk or the Court.
- Fax document
- Up to 20 pages
(3) Faxed requests are accepted by the court. Fax requests are limited to a maximum of ten (10) pages per request.
- Page limit
- Up to 10 pages
Document Format Requirements8 rules
All garnishment proceedings shall be in the form required by R.C. 2716.03, and the garnishment papers will be properly filled out, including date.
A small claims action is commenced by filing a Small Claims Petition, pursuant to Ohio Revised Code Section 1925.04 on the form provided by the clerk of this court.
The electronically produced complaint shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Ticket paper must be sufficiently durable to preserve the court record copy unchanged for the applicable retention period.
Court's wording
The ticket paper shall be of sufficient quality to allow the court record copy to remain unchanged for the period of the retention schedule for the various traffic offenses prescribed in Rule 26.05 of the Ohio Rules of Superintendence.
All pleadings, motions, and other documents shall be prepared on 8½ x 11 inch paper.
- Paper size
- Letter
The Provisions of Ohio Traffic Rule 3(B) relative to the color, weight, paper sixe, and method of binding shall not be applicable to a ticket that is produced by computer or other electronic means
Traffic complaints may be made on the Uniform Traffic Ticket or as otherwise allowed under these Rules.
An officer filing an electronically produced traffic complaint may sign it electronically, and that signature is treated as certification with the same rights, responsibilities, and liabilities as other tickets.
Court's wording
Any law enforcement officer that files a traffic complaint that is produced by computer or other electronic means may affix his signature thereto electronically. Such electronically affixed signature shall be considered by the court to be a certification of the ticket and shall have the same rights, responsibilities and liabilities as with all other tickets issued pursuant to these Rules and theOhio Traffic Rules.
Document Filing Requirements50 rules
A substitution of counsel may be filed only if it will not delay trial and must include the listed designations, agreements, and certifications.
- Document
- Substitution of counsel
Must include
- •Certificate of service
Court's wording
(C) Change of counsel may be permitted upon the filing of a substitution of counsel, provided the substitution will not delay the trial of the case. The substitution of counsel shall contain the following: (1) The designation of new counsel. (2) The agreement of prior counsel, or a certification of service to prior counsel. (3) Certification that the client agrees to the change of counsel. (4) Certification of service to the opposing counsel or parties.
The requesting party shall file in the clerk's office a praecipe bearing the signature of the requesting party and the subpoena to be served on each witness. The praecipe and accompanying subpoena may be combined in one document.
(E) An attorney may enter a "Notice of Limited Appearance" as authorized by Prof. Cond. R. 1.2(c) and in accordance with Civ.R. 3(B). Such an appearance shall terminate without the necessity of leave of court, upon the attorney filing a "Notice of Completion of Limited Appearance" filed and served upon all parties, including the party for whom the appearance was made, in accordance with Civ.R. 5.
A party represented by multiple attorneys must designate one counsel of record on its first filing to receive notices and service; otherwise, the first attorney listed is counsel of record.
Court's wording
(B) When two or more attorneys represent a party, only one attorney shall be designated as counsel of record to receive notices and service on behalf of that party. That designation shall be made on the first document filed by the party with the Court. If no attorney is designated as counsel of record, the first attorney listed for the party on the first document filed shall be considered counsel of record
Withdrawal requires the assigned judge's consent and a written motion and entry stating the reasons and containing the specified information and certifications.
- Document
- Withdrawal motion
Must include
- •Certificate of service
Court's wording
(D) Counsel shall be allowed to withdraw from counsel responsibility only with the consent of the judge assigned to the case. No application for withdrawal will be considered unless a written motion and entry is presented stating the reasons for the application. The motion and entry will contain the following: (1) The time and date of trial, it set. (2) A certification of service to opposing counsel. (3) Certification that the client has been notified that the attorney is seeking to withdraw from the case. (4) Counsel's professional statement that, if granted, a copy of the entry will be mailed immediately to the last known address of the client.
(E) In felony cases, if a transcript of the preliminary hearing proceedings is requested for an indigent defendant, an entry must be approved by a Common Pleas Court Judge ordering such transcript.
Mailed-request fees must be paid in advance, and requests for more than ten records per month require a written noncommercial-use certification.
Court's wording
(2) Mailed requests are accepted by the court. All fees for mailed requests must be paid in advance. The number of records requested for transmission by U.S. mail is limited to ten per month. Requests in excess of ten per month will be filled, provided the requesting party certifies to the court in writing that the party does not intend to use or forward the requested records or the information contained therein for commercial purposes as set forth in O.R.C. 149.43.
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
- Document
- Missing exhibit cover sheet
Must include
- •Caption
- •Judge name
- •Case number
A fax filer need not submit the source document to the clerk but must retain it, with original signatures and the source document cover page, and produce it on request; retention is required for at least one year after case closure and after all opportunities for post-judgment relief.
Court's wording
The person making a facsimile filing need not file any source document with the clerk. The person shall, however, keep the source document in his or her records and have it available for production on request by the Court with original signatures, together with the source document cover page. The source document shall be maintained by the person making a facsimile filing for a minimum of one-year following the case closure and one-year following all opportunities for post-judgment relief
A party faxing a signed document represents that the physically signed source is in its possession or control and must fax either the signed source or an unsigned copy bearing “/s/” and the signer’s name where the signature appears.
Court's wording
(5) A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control. A party who wishes to file a signed source document by fax shall either: a. Fax a copy of the signed source document; or b. Fax a copy of the document without the signature but with the notation"/s/" followed by the name of the signing person where the signature appears in the signed source document
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
Every fax filing must include a cover page with the listed court, case, filing, transmission, page-count, and filer information, or state when a judge or case number has not been assigned.
- Document
- Fax cover page
Must include
- •Caption
- •Judge name
- •Page count
- •Case number
Court's wording
(4) The person filing a document by fax shall provide therewith a cover page containing the following information: The name of the court; The title of the case; The case number; The assigned judge; The title of the document being filed (e.g. Defendant Jones' Answer to Amended Complaint; Plaintifi Smith's Response to Defendant's Motion to Dismiss); The date of transmission The transmitting fax number; An indication of the number of pages included in the transmission, including the cover page; If a judge or case number has not been assigned, state that fact on the cover page; The name, address, telephone number, fax number, Supreme Court registration number (if applicable) and e-mail address of the person filing the fax document if available.
Pleadings, motions, or other documents not complying with this rule of Court shall not be accepted for filing by the clerk.
Every pleading, motion, or other document shall be signed, by electronic signature or by hand, by at least one attorney of record, if any, or by any party who is not represented by an attorney in accordance with the Ohio Rules of Civil Procedure.
- Document
- Pleading motion document
- Placement
- Signature block
All motions must be in writing and accompanied by a written memorandum setting forth the factual and legal arguments of the moving party with appropriate citations of authority.
Counsel shall submit a proposed entry with any pretrial motion that is filed.
An eviction complaint filed by a person not licensed or admitted to practice law in Ohio must include the current deed and a property record card dated within 15 days before filing.
Court's wording
All eviction complaints filed by persons who are not licensed or otherwise admitted to practice law in the State of Ohio must be accompanied by a copy of the current deed to the rental property and the current property record card from the Highland County Auditor's Office dated within fifteen (15) days of the date of filing of the complaint.
If a served judgment debtor fails to appear, the applicant or attorney must file papers to initiate contempt proceedings unless the judge directs otherwise.
Court's wording
If the judgment debtor fails to appear after having been served with the order to appear, it is the duty of the applicant for the judgment debtor exam or his attorney to file appropriate papers to initiate contempt of court proceedings against the judgment debtor, unless the judge directs that other action be taken.
The clerk of this Court shall not accept for filing any garnishment papers not complying with this rule.
Upon filing of motion and affidavit, as required by Ohio Revised Code Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.
An assignment of judgment or other transfer of interest will not be effective unless it is approved by a judge's entry.
Substitution of parties, at any stage of the proceedings, must be by motion and order of the court.
Military Affidavits pursuant to the Servicemembers Civil Relief Act shall be filed with the proposed entry, unless filed earlier.
If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit containing sufficient information in support of the claim.
A small claims action is commenced by filing a Small Claims Petition, pursuant to Ohio Revised Code Section 1925.04 on the form provided by the clerk of this court.
A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and a proposed Judgment Entry with the clerk.
- Document
- Default judgment motion
Must include
- •Proposed order
All complaints shall state the name of the offense charged and shall contain the numerical designation of the statute or ordinance
(1) All such affidavits or attested to reports must be sworn to prior to a warrant to arrest being issued by
All complaints in criminal cases shall have attached affidavit or a reporting by an investigating officer attested to by a member of the investigating agency, law enforcement, or prosecutor.
All criminal and traffic cases shall be commenced in this court by the filing of a complaint.
In addition, any other required documentation such as the LEADS print-out, BMV form 2255, probable cause affidavit, etc., shall be delivered to the Court in a timely manner and filed with the clerk if required by law.
All criminal complaints shall be made upon oath before a person authorized by law to administer oaths.
Appointed counsel seeking payment for expenses from the court shall correctly complete the forms prescribed by the Ohio Public Defender's Standards and Guidelines for Appointed Counsel Reimbursement.
For a real estate bond in a criminal case, the defendant’s attorney or the surety’s attorney must give the clerk a current title search certifying the property description, deed names, appraised taxable value, and liens.
Court's wording
In all criminal cases where the defendant posts a real estate bond, the defendant's attorney or an attorney for the surety whose property is being used to secure the bond must provide the clerk with a current title search, certifying the following: (1) A description of the property, (2) the names that appear on the deed, (3) the names that appear on the deed, the appraised taxable value of the property as shown on the records in the County Auditor's office, and (4) whether there are any liens on file against the property.
A jury-trial demand must be in writing and filed with the clerk.
Court's wording
The demand must be in writing and filed with the clerk not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later.
Before posting bail, a surety bail bond agent must present copies of the bond license and identification and a certified case- and amount-specific insurer power of attorney.
Court's wording
They will, however, be required to present all of the following documents prior to posting bail: (1) A COPY OF SURETY BAIL BOND LICENSE (2) A COPY OF DRIVER'S LICENSE OR STATE I.D. CARD (3) A CERTIFIED COPY OF POWER OF ATTORNEY FROM THE INSURER FOR THE SPECIFIC CASE INVOLVED AND IN THE SPECIFIC AMOUNT AS SET BY THE COURT.
Every surety, except a corporate surety licensed as provided by law, shall provide an affidavit describing the property proposed as security for the full amount of the bond as required by R.C. 2937.011(L). The surety shall provide other evidence of financial responsibility as the court or clerk may require.
When the stated conditions apply, the defendant’s indigency determination is based on submission of a Financial Disclosure Form.
Court's wording
When the defendant in a criminal or traffic case indicates that the defendant is indigent and desires counsel, and the potential penalty may include a jail sentence, the judge shall determine the indigency of the defendant based upon submission of a Financial Disclosure Form by the Defendant.
All motions other than those normally made during trial, or otherwise made with leave of Court, shall be made in writing and accompanied by a written memorandum containing the arguments of counsel and applicable statutory and case law citations.
In making application for modification of a court order suspending driving privileges, a written application shall be submitted containing the information contained on the Information Sheet and Application For Limited Driving Privileges approved by the Court.
When a continuance is requested for the reason that counsel is scheduled to appear in another case at the same time, the motion shall include a copy of the previously scheduled court's order.
A request for oral hearing shall be submitted with the motion and shall be noted prominently in the caption.
- Document
- Motion
- Placement
- Caption
(2) The party making a request for a public record must furnish the court with a name and case number or case type. All requests will be answered within a reasonable time.
Filed documents must include specified counsel contact and registration information, or the address and telephone number of an unrepresented party.
Court's wording
Every pleading, motion, or document filed on behalf of a party and represented by an attorney shall have printed or typed thereon the name, address, telephone number, fax number if any, email address if any, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon. A party who is not represented by an attorney shall provide the party's address and telephone number.
Each pleading, motion, or document shall set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceeding for the first time.
- Document
- Pleading motion document
- Placement
- Caption
Exception: Due to safety concerns for the public involving trespassing violations at the Greenfield Quarry and East Monroe Falls, M4 trespassing charges may be issued as summonses without complaint or affidavit being sworn.
Complaints may be in statutory language, but should not contain surplusage from the statute or ordinance which is not involved in the case.
All motions, where an oral hearing is not required, should be accompanied by a proposed entry.
The Court authorizes the clerk's office to accept guilty waivers for violations on M4 trespassing offenses at the Greenfield Quarry and East Monroe Falls.
The judge may inquire of the Defendant in Open Court and complete the Financial Disclosure Form on behalf of the defendant with the consent of the defendant.
Filing & Service rules
Electronic Filing Rules
Criminal and traffic complaints may not be filed by fax.
b. Criminal or traffic complaints.
Page 5
The officer must file a complaint copy with the court using the electronically generated UTT or by uploading the information through the Ohio E Citation program.
In addition, the officer shall file a copy of the complaint with the court either on the electronically generated UTT or by uploading the information to the Ohio Department of Public Safety as regulated by the Ohio E Citation program.
Page 13 | RULE 23: AFFIDAVITS AND COMPLAINTS
Fax filing is permitted for pleadings, motions, and other documents that may otherwise be filed with the clerk in civil, small claims, traffic, and criminal cases.
This Rule authorizes the filing of facsimile transmissions for civil, small claims, traffic, and criminal cases of all pleadings, motions, and other documents that may otherwise be filed with the clerk.
Page 5
Pleadings and other documents may be filed by fax at the stated number 24 hours a day, seven days a week, subject to the rule’s conditions.
In conformity with Ohio Civil Rule 5(E) and Criminal Rule 12(B), pleadings and other documents may be filed with the clerk by facsimile transmission to 937-981-2130, 24 hours per day, seven days per week, subject to the conditions described in this Rule.
Page 5
The court permits traffic complaints produced by computer or other electronic means to be used and filed.
The use and filing of a traffic complaint that is produced by computer or other electronic means is hereby authorized in the Highland County Court.
Page 13 | RULE 23: AFFIDAVITS AND COMPLAINTS
The ticket’s court record may be filed with the clerk or electronically.
The court record of the ticket may be filed with the Clerk or or may be filed electronically as allowed by
Page 14 | RULE 23: AFFIDAVITS AND COMPLAINTS
Filing Timing and Cure Windows
Filings due on a day the Court closes by order are timely if filed the next business day.
If Court is closed by order of the Judge, all filings due on the day that Court closes will be timely if filed the next business day.
Page 1 | RULE 1: COURT HOURS AND CLERK'S HOURS
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax document is filed.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.
Page 5
An accepted fax filing is deemed filed when the clerk time-stamps receipt, not when the fax was transmitted.
(7) Subject to the provisions of these rules, all documents sent by fax and accepted by the clerk, shall be considered filed with the clerk 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 6
The opposing party must move or plead within 14 days after the pleading or amended pleading is filed, unless the Court orders otherwise.
The opposing party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.
Page 8 | RULE 16: Filing of Pleadings, Motions, or Other Documents
After a case is transferred from small claims court to the regular docket under R.C. 1925.10, the defendant must file an answer within 14 days of the transfer-entry date.
When a case is transferred from small claims court to the regular docket of the court pursuant to R.C. 1925.10, the answer of the defendant shall be filed within fourteen (14) days of the date of entry ordering such transter.
Page 8 | RULE 16: Filing of Pleadings, Motions, or Other Documents
Opposing counsel must approve or reject the entry within seven days; afterward, the preparing counsel may submit it to the judge marked as not approved by all counsel.
Opposing counsel shall approve or reject the entry within seven (7) days. After the seven days, the counsel who prepared the entry may submit the entry to the judge with the notation that it has not been approved by all counsel.
Page 10 | (5) Entries
If counsel prepares the entry, it must be submitted to opposing counsel within 14 days of the judge’s decision.
If counsel-prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the judge's decision.
Page 10 | (5) Entries
Settlement entries may be filed at any time, and a settlement that avoids trial may proceed without an entry initially, but the 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 10 | (5) Entries
A praecipe for a writ of restitution must be filed within 30 days after the hearing unless the judge extends the time by order.
The praecipe for writ of restitution must be filed within thirty (30) days of the date of the hearing, unless the time is extended by order of the judge.
Page 11 | (H) Forcible Entry and Detainer
Traffic tickets and criminal complaints must be filed with the clerk without unnecessary delay.
All traffic tickets or criminal complaints shall be filed with the clerk without unnecessary delay.
Page 13 | RULE 23: AFFIDAVITS AND COMPLAINTS
A demand for jury trial must be filed within the time limits set forth in Ohio Criminal Rule 23(A). (B) The demand must be in writing and filed with the clerk not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later.
A demand for jury trial must be filed within the time limits set forth in Ohio Criminal Rule 23(A). (B) The demand must be in writing and filed with the clerk not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later.
Page 14 | RULE 26: DEMAND FOR JURY TRIAL
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 15 | RULE 29: CASEFLOW MANAGEMENT IN CRIMINAL CASES
If no objection is made within ten days after service of the completion notice, no court entry is needed for termination to take effect.
If there is no objection within ten days of service of this notice, then no entry by the court is necessary for the termination of the limited appearance to take effect.
Page 3 | RULE 9: DESIGNATION OF COUNSEL; CHANGE OF COUNSEL; WITDRAWAL OF COUNSEL
If time permits, the praecipe and subpoena should be filed at least seven days before the hearing.
If time permits, the praecipe and accompanying subpoena should be filed at least seven (7) days prior to the hearing.
Page 3 | RULE 10: SUBPOENAS
The court will answer public-record requests within a reasonable time.
(2) The party making a request for a public record must furnish the court with a name and case number or case type. All requests will be answered within a reasonable time.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
Failure to file a missing exhibit as required may result in the court striking the document or exhibit.
Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 5
Fax filers are urged to verify that the clerk received the filing using available technological means.
Anyone using facsimile filing is urged to verify receipt of such filing by the clerk through whatever technological means are available.
Page 6
The clerk’s office is deemed open to receive fax filings on the same days and during the same hours the court is regularly open for business.
The office of the clerk shall be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.
Page 6
The clerk may treat a nonconforming fax as not filed, need not notify the sender of a failed fax filing, and places the transmission risk on the sender.
(8) If a facsimile document received by the clerk does not conform with these Rules, the clerk may consider it not filed. The clerk is not required to send any form of notice to the sender of a failed fax filing. The risks of transmitting a document by fax to the clerk shall be borne entirely by the sending party.
Page 6
The court may dismiss a ticket or complaint not received by the clerk before the defendant’s appearance date.
Any ticket or complaint that is not received by the clerk prior to the Defendant's appearance date provided by the law enforcement officer or the Court may be dismissed by the Court.
Page 13 | RULE 23: AFFIDAVITS AND COMPLAINTS
Failing to demand a jury trial within the applicable time limits completely waives the right to a jury trial.
Failure to demand a jury trial within the time limits set forth is a complete waiver of the right to trial by jury.
Page 14 | RULE 26: DEMAND FOR JURY TRIAL
An alleged victim may be permitted to file motions within Criminal Rule 12(D)'s time parameters to the extent required by the cited constitutional or statutory authority; the source text ends mid-sentence.
An alleged victim may be permitted to file motions in accordance with the time parameters of Crim. R. 12(D) to the extent required by Art. I, Section 10a of the Ohio Constitution or by the Ohio Revised
Page 16 | RULE 29: CASEFLOW MANAGEMENT IN CRIMINAL CASES
Service and Proof of Service Rules
A Notice of Completion of Limited Appearance must be served on all parties, including the party represented, under Civ.R. 5.
(E) An attorney may enter a "Notice of Limited Appearance" as authorized by Prof. Cond. R. 1.2(c) and in accordance with Civ.R. 3(B). Such an appearance shall terminate without the necessity of leave of court, upon the attorney filing a "Notice of Completion of Limited Appearance" filed and served upon all parties, including the party for whom the appearance was made, in accordance with Civ.R. 5.
Page 3 | RULE 9: DESIGNATION OF COUNSEL; CHANGE OF COUNSEL; WITDRAWAL OF COUNSEL
After a subpoena is issued, the party is responsible for determining whether the witnesses were properly served so they will appear in court.
Once a subpoena is issued by the clerk's office, it is the responsibility of the party to determine whether or not the witnesses have been properly served in order to assure their appearance in court.
Page 3 | RULE 10: SUBPOENAS
A missing exhibit filed separately must be signed and served in accordance with the rules governing the signing and service of pleadings in the court.
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 and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 5
Service on counsel through a Clerk’s Office notice box is complete the day after placement, under a rule limited to Highland County Court.
Notice boxes in the Clerk's Office will be provided for the prosecutor, law enforcement, state or county agency, and any local counsel who so requests for making and receiving service. Service on counsel shall be considered complete on the day following placement therein. This rule applies only to the operation of Highland County Court.
Page 7 | RULE 14: NOTICE BOXES
A filer must provide the clerk with sufficient copies of documents that the clerk, bailiff, or Sheriff will serve.
Sufficient copies of every pleading, motion, or document to be served by the clerk, bailiff, or Sheriff, shall be filed with the clerk.
Page 8 | RULE 16: Filing of Pleadings, Motions, or Other Documents
Summonses 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 8 | RULE 18: CASEFLOW MANAGEMENT IN CIVIL CASES
When no law or other rule sets the filing date, the pleading or amended pleading must be served within 14 days after the specified court entry, unless the entry provides otherwise.
In all cases where the filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.
Page 8 | RULE 16: Filing of Pleadings, Motions, or Other Documents
A party or attorney filing a post-complaint document must mail or deliver a copy to each other party or that party’s attorney and note the mailing or delivery on the original; a copy accompanying a summons may instead be deposited with the clerk.
It shall be the duty of the party or attorney filing a pleading, written motion, or other document subsequent to the complaint to mail or deliver a copy thereof to each other party to the case, or the attorney for such party. Failure to comply with this rule shall be sufficient cause to strike the pleading, motion, or other document from the Court files. If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient compliance with this rule to deposit such copy with the clerk. The fact of such mailing or delivery to the adverse party shall be noted on the original.
Page 8 | RULE 16: Filing of Pleadings, Motions, or Other Documents
If summons is not served within six months after filing, the clerk must mail notice that the case will be dismissed in ten days unless good cause is shown.
counsel, or the unrepresented party, 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, or the unrepresented party, that the case will be dismissed in ten (10) days pursuant to Civ. R. 41 unless good cause is shown to the contrary. Notification shall be by regular U.S. mail.
Page 9 | Clerical Steps
Summons in a special proceeding must be served according to the applicable Ohio Revised Code or Ohio Rules of Civil Procedure provisions.
Summons shall be served in accordance with the Ohio Revised Code or the Ohio Rules of Civil Procedure, whichever is applicable to the proceeding.
Page 10 | RULE 19(C)(1) Clerical Steps
The clerk must immediately notify counsel or an unrepresented party of failed service; if service is not obtained within six months after filing, the clerk must notify them that the proceeding will be dismissed in ten days unless good cause is shown.
If there is a failure of service, the clerk shall notify counsel or the unrepresented party immediately. If counsel or the unrepresented party 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 or the unrepresented party that the proceeding will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 10 | RULE 19(C)(1) Clerical Steps
Garnishment papers must include proof of service of the demand and the garnishee’s required fee.
They will be accompanied by the proof of service of the demand required by R.C. 2716.04, and by the garnishee's fee provided by R.C. 2716.12.
Page 11 | (F) Garnishment Proceedings
The moving party must verify that the other parties were properly served as required by the default-judgment rule.
The moving party shall be responsible to verify that the other parties have been properly served as required by this rule.
Page 12 | RULE 20: DEFAULT JUDGMENT
The clerk must serve copies of the Decision on the parties or their attorneys.
Copies of the Decision shall be served upon the parties or their attorneys by the clerk.
Page 12 | RULE 20: DEFAULT JUDGMENT
For an unliquidated claim or when the defaulting party has appeared, the court must schedule a hearing, serve notice on all parties, and set the hearing at least seven days after mailing notice.
In these cases, the court will schedule a hearing before a judge or magistrate and serve notice of hearing on all parties. The hearing will not be set less than seven (7) days after mailing the notice of hearing.
Page 12 | RULE 20: DEFAULT JUDGMENT
A substitution motion and hearing notice must be served on parties under Civil Rule 5 and on nonparties under Civil Rules 4 through 4.6.
The motion for substitution may be made by any party or by the successor of any party and, together with a notice of hearing, shall be served on the parties as provided in Civil Rule 5, and upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons.
Page 12 | RULE 21: SUBSTITUTION OF PARTIES
When a complaint is produced electronically at the scene, the issuing officer must provide the defendant a paper copy.
If a complaint is produced electronically at the scene of an alleged offense, the officer issuing the complaint shall provide the defendant with a paper copy of the complaint.
Page 13 | RULE 23: AFFIDAVITS AND COMPLAINTS
Requests to modify a sentence must be filed with the clerk, and a copy must be served on the defendant's probation officer if the defendant is serving community control.
(A) All requests for modification of sentences shall be filed with the clerk and a copy of the same shall be served upon the defendant's probation officer, if the defendant is serving a term of community control.
Page 15 | RULE 28: MODIFICATION OF SENTENCES
When the defendant requests discovery under Criminal Rule 16, the prosecutor and defense should complete their discovery exchange before the pretrial.
If a request for discovery is made by the defendant pursuant to Crim. R. 16, both the prosecutor and defendant's attorney or defendant should complete exchange of discovery prior to the pretrial.
Page 15 | RULE 29: CASEFLOW MANAGEMENT IN CRIMINAL CASES
Filing Fees and Waivers
Filing fees are required when a civil action is filed.
(A) All filing fees shall be required at the time of filing of any civil action in this Court.
Page 2 | RULE 4: FEES AND DEPOSITS IN CIVIL CASES AND FILING LIMITATIONS
Unless an exception in the rule applies, a transcript requester must deposit the reporter's estimated transcript cost before the reporter begins preparing it.
Except as otherwise provided in this rule, the person requesting the transcript shall deposit with the Court Reporter the estimated cost of the written transcript as determined by the Court Reporter. The requesting person shall make such deposit before the Court Reporter shall begin making a written transcript.
Page 3 | RULE 11: RECORDING OF PROCEEDINGS; TRANSCRIPTS
Fees for copies requested in person or by telephone must be paid in advance, at the per-page costs set in the Court's Fee Schedule.
(4) Requests are accepted in person or by telephone. All fees for copies of requests must be paid in advance. Costs per page are set in the Court's Fee Schedule
Page 4 | RULE 12: PUBLIC RECORDS POLICY
Fees for mailed public-record requests must be paid in advance.
(2) Mailed requests are accepted by the court. All fees for mailed requests must be paid in advance.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
(6) All fees must be paid in advance as set forth on the court's costs schedule and made in the form of cash, check, or money order.
(6) All fees must be paid in advance as set forth on the court's costs schedule and made in the form of cash, check, or money order.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
Costs associated with a requested special extraction must be paid in advance.
(4) Special extraction requests will be attempted where reasonable and requested. All costs associated therewith must be paid in advance.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
A fee of $2.00 per page must be paid in advance for faxed public-record requests.
(3) Faxed requests are accepted by the court. Fax requests are limited to a maximum of ten (10) pages per request. A fee of two-dollars ($2.00) per page faxed must be paid in advance.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
Applicable postage and long-distance telephone charges for public-record requests must be paid in advance.
(3) The court will assess postage and long distance telephone charges for all requests where applicable, and the charges must be paid in advance.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
A fax document requiring a prepaid filing fee may be filed only if the fee is resolved through the clerk’s office before fax filing, by credit card or another financial means.
a. Any document filed by facsimile that requires a pre-paid filing fee, unless paid by credit card or other financial means resolved through the clerk's office prior to facsimile filing.
Page 5
The clerk will not accept a fax document requiring a filing fee until costs and fees are paid in full; civil, criminal, and traffic fax fees may be paid by cash, check, or money order.
(9) No document filed by facsimile that requires a filing fee shall be accepted by the clerk for filing until court costs and fees have been paid in full. Civil fax fees may be paid by cash, check or money order. Criminal and traffic fax fees may be paid by cash, check, money order.
Page 6
If a civil case is settled or dismissed before trial but all jurors cannot be notified, the party who requested the jury must pay the fees of jurors who report on the trial date.
In the event a civil case is settled or dismissed prior to trial and it is not possible to notify all jurors of such cancellation, the requesting party shall bear the cost of juror fees for those jurors who report on the day of trial.
Page 8 | RULE 17: COURT COSTS, SECURITY DEPOSITS, AND JURY DEMANDS
Civil filing costs, deposits, and fees must be paid to the clerk when filing, unless the Court orders otherwise; otherwise, the clerk must not accept the action or proceeding for filing.
All costs, deposits, and fees shall be paid to the clerk at the time of filing, unless otherwise ordered by the court. No action or proceeding shall be accepted for filing by the clerk unless the costs, security deposit, and filing fees are paid to the clerk in accordance with the Court's schedule of costs, unless otherwise ordered by the Court.
Page 8 | RULE 17: COURT COSTS, SECURITY DEPOSITS, AND JURY DEMANDS
A party claiming indigence must seek waiver of costs, fees, and deposits by motion with a properly attested affidavit of indigence; the Court will rule on the motion.
In the event that a party claims to be indigent, the party shall file a motion to waive the costs, fees, and deposits, along with a properly attested affidavit of indigence. The Court will then rule on the motion.
Page 8 | RULE 17: COURT COSTS, SECURITY DEPOSITS, AND JURY DEMANDS
The jury deposit is due when the jury demand is filed and is applied to costs taxed to the depositing party or otherwise refunded at the conclusion of the case.
The jury deposit must be paid with the filing of the jury demand. Said sum shall be applied to the costs of the case in the event that costs are taxed to the party posting such deposit upon disposition of the case. Otherwise, the deposit shall be refunded to the party posting it at the conclusion of the case.
Page 8 | RULE 17: COURT COSTS, SECURITY DEPOSITS, AND JURY DEMANDS
A civil jury demand must comply with Civil Rule 38 and include the fee-schedule deposit securing the first day’s jury cost.
A demand for a civil jury trial shall be made as required by Civil Rule 38 and shall be accompanied by a deposit in an amount as set forth in the Court's fee schedule as security for the first day jury cost.
Page 8 | RULE 17: COURT COSTS, SECURITY DEPOSITS, AND JURY DEMANDS
A plaintiff seeking a writ of restitution may file a praecipe, which must include the deposit required by the Court Costs Schedule.
If the court orders the defendant to vacate the premises, the plaintiff may file a praecipe requesting a writ of restitution. The praecipe shall be accompanied by a deposit in accordance with the Court Costs Schedule.
Page 11 | (H) Forcible Entry and Detainer
Garnishment papers must be accompanied by the fee provided for the garnishee by R.C. 2716.12.
They will be accompanied by the proof of service of the demand required by R.C. 2716.04, and by the garnishee's fee provided by R.C. 2716.12.
Page 11 | (F) Garnishment Proceedings
The plaintiff is responsible for additional Bailiff costs of $50 per hour if more time is needed.
If additional time is needed, Plaintiff will be responsible for additional Bailiff costs at $50.00 per hour.
Page 11 | (H) Forcible Entry and Detainer
If tenants have not vacated, the plaintiff must file for and purchase a Request for Set-Out at the clerk’s office.
If tenants have not vacated the premises, Plaintiff must file for and purchase a Request for Set-Out at the clerk's office.
Page 11 | (H) Forcible Entry and Detainer
The required filing costs must be paid before a small claim can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by Ohio Revised Code Section 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 12 | (1) Small Claims Division
If the Bailiff cancels a set-out for a stated reason, the writ and set-out fees are not refunded and the landlord must restart the red-tag process and pay required costs.
If the Set-Out is cancelled by the Bailiff for any of the above reasons, there will be no refund of the writ fee or the set-out fee. The Landlord must start the red-tag procedure again and pay all required costs.
Page 12 | (H) Forcible Entry and Detainer
If Court costs exceed the fee, the Clerk must invoice the appropriate party for the additional costs.
If Court costs exceed the fee, the Clerk shall invoice the appropriate party for additional costs.
Page 2 | RULE 4: FEES AND DEPOSITS IN CIVIL CASES AND FILING LIMITATIONS
Court costs are set by the cited Ohio Revised Code provisions or by the Court, and the clerk must publish and make a separate cost schedule available on the Court's website.
Costs charged in all cases in this Court are as set forth in the Ohio Revised Code in Section 1907. and 2303., and/or as set by the Court. A separate cost schedule shall be published by the clerk and shall be further made available on the Court's website.
Page 2 | RULE 3: SCHEDULE OF COSTS
A remaining deposit of $10.01 or more is refunded as allowed by law.
Any deposit remaining on a case of $10.01 or more shall be refunded as allowed by law.
Page 2 | RULE 4: FEES AND DEPOSITS IN CIVIL CASES AND FILING LIMITATIONS
After final costs are assessed, a remaining civil-case deposit greater than $0.00 but less than $10.01 is taxed to the case as an additional local cost.
(C) In order to simplify the refund process and reduce the burden on the Clerk, any deposit remaining on a civil case in excess of $0.00 but less than $10.01 after final costs in the case have been assessed shall be taxed to the case as additional local cost.
Page 2 | RULE 4: FEES AND DEPOSITS IN CIVIL CASES AND FILING LIMITATIONS
Received filing fees are applied to case costs or general Court costs unless the Court directs otherwise.
(B) All filing fees received shall be applied to costs associated with the case, or to general Court costs unless otherwise directed by the Court.
Page 2 | RULE 4: FEES AND DEPOSITS IN CIVIL CASES AND FILING LIMITATIONS
For every recorded case, the fee set by the court's costs order is collected as a case cost.
In every case recorded, the fee provided by the court order pertaining to costs in Chillicothe Municipal Court shall be collected as other costs in the case.
Page 3 | RULE 11: RECORDING OF PROCEEDINGS; TRANSCRIPTS
Transcript compensation requested by a prosecutor or indigent criminal defendant is taxed as case costs, with a credit or deposit refund depending on who is assessed costs.
The compensation for transcripts requested by the prosecuting attorney or an indigent defendant in criminal cases shall be taxed as costs in the case. If, upon final judgment, the costs or any part of the costs are adjudged against a defendant in a criminal case, the defendant shall be allowed credit on the cost bill of the amount paid for the transcript the defendant ordered and, if the costs are finally adjudged against the state, the defendant shall have the defendant's deposit, if any, refunded.
Page 4 | RULE 11: RECORDING OF PROCEEDINGS; TRANSCRIPTS
The requesting party bears the cost of another requested response medium if it can reasonably be duplicated as part of the Court's normal operations.
(5) Any other medium requested will be at the cost of the requesting party provided it can be reasonably duplicated as an integral part of the normal operations of the court.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
The Court sets reporters' transcript compensation; additional copies of the same transcript are provided at cost or electronically free of charge.
The compensation of reporters for making written transcripts shall be fixed by the Court. If more than one transcript of the same testimony or proceeding is ordered, the reporter shall make copies of the transcript at cost pursuant to division (B)(1) of section 149.43 of the Revised Code or shall provide an electronic copy of the transcript free of charge.
Page 4 | RULE 11: RECORDING OF PROCEEDINGS; TRANSCRIPTS
The Court may allow public access to certain records during normal business hours for inquiries, without a fee for those limited purposes.
(1) The Highland County Court may allow public access to certain public records during normal business hours for public record inquiries. No fee is required for these limited purposes.
Page 4 | RULE 12: PUBLIC RECORDS POLICY
Pre-Motion Conference Requirements
Written responses are due by the later of seven days after service or three days before the requested oral hearing, unless the judge establishes a different response schedule.
Parties wishing to respond in writing to any motion shall do so not later than seven (7) days following service of the motion or three (3) days prior to the oral hearing date if an oral hearing was requested, whichever is later. The judge may establish a scheduling order for the filing of responses if the judge deems it appropriate.
Page 16 | RULE 29: CASEFLOW MANAGEMENT IN CRIMINAL CASES
A response to a summary judgment motion may be served within 28 days after service of the motion.
Responses to motions for summary judgment may be served within 28 days after service of the motion.
Page 9 | (B)(2) Motions
An oral hearing will be scheduled only if the court orders one.
Oral hearings will not be scheduled unless ordered by the court.
Page 9 | (B)(2) Motions
The opposing party may respond within 14 days after service, and the movant may reply within seven days after service of the response.
The opposing party may respond to the motion within fourteen (14) days after the motion was served as provided by Ohio Rules of Civil Procedure. A movant's reply to a response to any written motion may be served within seven days after service of the response to the motion.
Page 9 | (B)(2) Motions
Unless counsel for the moving party requests oral hearing, no oral hearing will be allowed other than upon motion of the Court.
Unless counsel for the moving party requests oral hearing, no oral hearing will be allowed other than upon motion of the Court.
Page 16 | RULE 29: CASEFLOW MANAGEMENT IN CRIMINAL CASES
Adjournment & Extension Requirements
A continuance requires a written motion stating the reason, and a scheduling conflict with another case requires a copy of that court’s previously scheduled order; criminal trials take priority over civil trials, and the earliest-scheduled civil trial takes priority among civil cases.
No party shall be granted a continuance without a written motion from counsel or the unrepresented party stating the reason for the continuance. When a continuance is requested for the reason that counsel is scheduled to appear in another case at the same time, the motion shall include a copy of the previously scheduled court's order. Criminal cases assigned for trial have priority over civil cases assigned for trial, and the earliest scheduled civil case has priority among civil cases.
Page 9 | (B)(4) Continuances
A continuance of a trial or hearing requires a written motion stating the reason; a scheduling conflict with another case requires the previously scheduled court's order, criminal trials take priority over civil trials, and other trial continuances are within the court's sole discretion.
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. When a continuance is requested for the reason that counsel is scheduled to appear in another case at the same time, the motion shall include a copy of the previously scheduled court's order. 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 sole discretion of the court.
Page 16 | RULE 29: CASEFLOW MANAGEMENT IN CRIMINAL CASES
The court may extend the time to file a motion or response, subject to Civ.R. 6(B).
Except as otherwise provided or limited by Civ.R. 6(B), the court may enlarge the period of time in which to file a motion or a response.
Page 9 | (B)(2) Motions
Chambers Communication Rules
A plaintiff canceling an unnecessary set-out must call the bailiff at least one hour before the scheduled time.
vili. Cancel by Plaintiff/Landlord. If a scheduled Set-Out becomes unnecessary, the Plaintiff must call the bailiff to cancel the Set-Out. The Service Bailiff must receive a cancellation call at least one (1) hour before the scheduled time.
Page 11 | (H) Forcible Entry and Detainer
The Service Bailiff must be contacted during regular court business hours to schedule a set-out.
The Service Bailiff must be contacted during the court's regular business hours to schedule a date for the Set-Out.
Page 11 | (H) Forcible Entry and Detainer
Counsel, parties, and other witnesses must not have any contact with jurors.
Under no circumstances shall counsel, a party, or other witness, have any contact with jurors.
Page 18 | RULE 32: RULES OF FOR TRIALS BY JURY
Voir dire must be held on the record in criminal and civil cases.
In criminal and civil cases, the voir dire process shall be held on the record
Page 17 | RULE 32: RULES OF FOR TRIALS BY JURY
Counsel for each party must be informed of communications with the jury panel and given an opportunity to be heard about them.
Counsel for each party shall be informed of any communications, and shall be given the opportunity to be heard as to such communication.
Page 18 | RULE 32: RULES OF FOR TRIALS BY JURY
Communications between the judge and jury panel from reporting through dismissal must be written or placed on the record in open court.
All communications between the judge and the members of the jury panel, from the time of reporting to the court through dismissal, shall be committed to writing or placed on the record in open court.
Page 18 | RULE 32: RULES OF FOR TRIALS BY JURY
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 court personnel and shall direct any questions or communications to such personnel for appropriate action.
Page 18 | RULE 32: RULES OF FOR TRIALS BY JURY