Lawrence County Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- Counsel seeking a continuance must first determine opposing counsel’s position; an agreed order may be submitted for consideration but agreement does not guarantee a continuance, and without agreement a motion must be filed and set for hearing. Clerks cannot continue cases.
- An application to continue a pretrial conference must be addressed to the judge assigned to the case.
- Before seeking a continuance, counsel must contact opposing counsel; an agreed order may be submitted for consideration, but agreement does not require a continuance, and an opposed request must be filed as a motion and set for hearing.
Request must include
Communication
Phone
Page & Word Limits1 rule
Facsimile filings shall not exceed ten (10) pages in length.
- Fax filing
- Up to 10 pages
Document Format Requirements3 rules
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Case citations shall be to the official reports or an alternate location where the case can be found.
An electronically produced ticket shall not require the signature of the defendant or the issuing officer.
- Ticket citation
Formatting
- •A signature of the defendant or the issuing officer is not required
Document Filing Requirements23 rules
Once trial counsel has been designated, such designation shall remain until termination of the case. Change of trial counsel will be permitted upon the filing of an entry containing the designation of new trial counsel and the agreement of prior trial counsel.
Attorneys shall designate their capacity as trial counsel on all pleadings in civil and criminal cases and shall include their office address, zip code, email address, telephone and fax numbers. A law firm is not to be named as trial attorney.
All motion must be presented and filed within rule, in writing, accompanied by sufficient memoranda stating the grounds and factual and legal basis.
Counsel shall be permitted to withdraw from the trial counsel responsibility only with the consent of the Court. No such application will be considered unless a written entry or motion is presented stating the reasons for the application and contain certification of service to opposing counsel and the party.
- Document
- Trial counsel withdrawal application
Must include
- •Certificate of service
All jury demands will be in writing in accordance with the criminal rules and timely filed.
Proposed jury instructions are to be submitted to the Court by the conclusion of the evidence.
Cases cited not having such references must be attached to the motion.
Issues shall be identified with sufficient specificity to advise of the appropriate witnesses and evidence necessary to be present at the evidentiary hearing.
All pretrial motions shall be timely filed and in writing which states the factual and legal issues for said motion and served on all counsel.
Opposing counsel shall answer in like manner.
All motions must be in writing and accompanied by a written memorandum containing citations or arguments of counsel.
The journal entry shall state which party will pay the court costs and that it is a final appealable order.
Small-claims pleadings must identify each plaintiff and defendant according to the party’s entity type and include the specified names and addresses.
Court's wording
In all pleadings, the Plaintiff and Defendant must be identified as follows: 1. If an individual, by listing his/her name and address. 2. If a sole proprietorship, by identifying it as such. The business address must also be listed. 3. If a partnership, by identifying it as such, either general or limited, and by naming the partners. The business address must also be listed. 4. If a limited liability company, by identifying it as such and by listing the exact name on file with the Office of the Secretary of State. The business address must also be listed. 5. If a corporation, by identifying it as such and listing the exact corporate name on file with the Office of the Secretary of State. The business address must also be listed.
If a party to a small claims matter is sole proprietor (owner), the owner must sign all pleadings and appear at all hearings. Alternatively, the owner may retain an attorney to represent him/her.
If a party to a small claims matter is a partnership, one of the partners must sign the pleadings and must appear at all hearings. Alternatively, an attorney may be retained by the partnership to represent it.
If an individual is a party to a small claims matter, he/she must sign all pleadings and appear at all hearings. Alternatively, he/she may retain an attorney to represent him/her.
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
A fax filer need not submit the source document to the Clerk, but must retain and produce it on request, along with the source cover sheet, until the case is closed and post-judgment relief opportunities are exhausted.
Court's wording
The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the Court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
A party fax-filing a signed source document must fax either the signed document or an unsigned copy marked “/s/” followed by the signer's name where the signature belongs.
Court's wording
A party who wishes to file a signed source document by fax shall either fax a copy of the signed source document or fax a copy of the document without the signature but the notion “/s/” followed by the name of the signing person where the signature appears in the signed source document.
A separately filed missing exhibit must have a cover sheet stating the court name, case title, case number, and exhibit title, and must be signed and served under the rules for pleadings.
- Document
- Separately filed exhibit
Must include
- •Caption
- •Case number
Court's wording
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, and the title of the exhibit being filed, and shall be signed and served in the conformance with the rules governing the signing and service of pleadings in this Court.
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.
The arresting law enforcement agency shall be responsible for providing the Court a LEADS or other official record of each traffic offender’s traffic record prior to the offender’s initial appearance in Court.
The dog warden is to write the payment amount on the citation at the time he serves a copy upon the defendant and it shall be written upon the original citation filed with the Clerk of Court.
Filing & Service rules
Electronic Filing Rules
Documents requiring a filing fee or other fee payment, including fee-required original complaints and subpoenas, will not be accepted for fax filing.
The following documents will not be accepted for fax filing: any document that requires a filing fee or payment of a fee. Unacceptable documents include but are not limited to original complaints and subpoenas that require a fee.
Page 11 | A. APPLICABILITY
Fax filings must be transmitted directly through the facsimile machine operated by the Clerk.
Fax filings may only be transmitted directly through the facsimile machine operated by the Clerk of Court.
Page 12 | G. TIME OF FILING
Pleadings and other papers may be filed with the Clerk by fax, subject to the stated conditions.
Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to 740-867-3547 subject to the following conditions:
Page 11
A fax-filed document is accepted as the effective original filing.
A document filed by fax shall be accepted as the effective original filing.
Page 11 | B. ORIGINAL FILING
The Court authorizes the use and filing of computer- or electronically produced tickets or citations that conform to Ohio Traffic Rule 3.
The use and filing of a ticket/citation that is produced by computer or other electronic means, which conform to the requirements of Ohio Traffic Rule 3 as amended and adopted July 1, 2014, is hereby authorized in the Lawrence County Municipal Court.
Page 14 | RULE THIRTEEN — LOCAL RULE-USE OF ELECTRONICALLY PRODUCED TICKETS/CITATIONS
Filing Timing and Cure Windows
Proposed jury instructions are due no later than the conclusion of the evidence.
Proposed jury instructions are to be submitted to the Court by the conclusion of the evidence.
Page 6 | RULE SIX — CRIMINAL PRACTICE — C. FINAL PRETRIALS AND JURY TRIALS
Failure to submit an entry within 60 days may result in dismissal for failure to prosecute.
A failure to submit an entry within sixty (60) days may result in the case being dismissed for failure to prosecute.
Page 7 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
Within 30 days of settlement, counsel must submit an appropriate entry to the court or set a hearing on entry of judgment.
Counsel will present an appropriate entry to the court within thirty (30) days of settlement or set the matter for a hearing on entry of judgment.
Page 7 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
The judgment entry must be submitted to opposing counsel within five days of the decision.
That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
After the clerk notifies counsel that the case has defaulted, prevailing counsel must submit an application for default judgment within 30 days or the case may be dismissed.
Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within thirty (30) days or the case may be dismissed for want of prosecution.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
The journal entry must be submitted to the judge within 15 days of the decision; afterward, the court may prepare it.
Within fifteen (15) days of the decision, the journal entry shall be submitted to the Judge, or thereafter, the court may prepare the journal entry.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
Opposing counsel must approve or reject the judgment entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
A settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case may be dismissed for want of prosecution.
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 may be dismissed for want of prosecution.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
Unless the Court orders otherwise, a missing exhibit must be filed separately within five 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) days following the filing of the facsimile document.
Page 12 | F. EXHIBITS
An accepted fax filing is deemed filed at the date and time the Clerk time-stamps receipt, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted 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 12 | G. TIME OF FILING
The arresting agency must provide the traffic record to the Court before the offender’s initial appearance.
The arresting law enforcement agency shall be responsible for providing the Court a LEADS or other official record of each traffic offender’s traffic record prior to the offender’s initial appearance in Court.
Page 13 | RULE TWELVE — LOCAL RULE- MISCELLANEOUS, B. DRIVING RECORD
The Clerk's Office is deemed open to receive fax filings only on the days and during the times the Court is regularly open for business.
The Office of the Clerk of Courts will be deemed open to receive facsimile transmissions of documents on the same day and at the same time the Court is regularly open for business.
Page 12 | G. TIME OF FILING
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
Service and Proof of Service Rules
Criminal pretrial motions must be served on all counsel.
All pretrial motions shall be timely filed and in writing which states the factual and legal issues for said motion and served on all counsel.
Page 6 | RULE SIX — CRIMINAL PRACTICE — B. PRETRIAL MOTIONS
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 7 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
Counsel must obtain service of summons within six months after notification of failure of service or the case may be dismissed.
If counsel fails to obtain service of summons within six (6) months from the date of notification of failure of service, the case will be subject to dismissal.
Page 7 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
The clerk must notify all counsel of record of a pretrial conference by mail and/or telephone at least seven days beforehand.
Notice of pretrial conference shall be given to all counsel of record by mail and/or by telephone from the clerk not less than seven (7) days prior to the conference.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
A separately filed missing exhibit must be signed and served in accordance with the 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, and the title of the exhibit being filed, and shall be signed and served in the conformance with the rules governing the signing and service of pleadings in this Court.
Page 12 | F. EXHIBITS
A filer must not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 12 | I. LENGTH OF DOCUMENT
Agencies must provide police-vehicle video to the Defendant during discovery, or, if it cannot be copied, make it available for review by defense counsel and the client in as private a setting as possible.
All agencies which have video cameras in their police vehicles must provide a copy of said video to the Defendant upon Defendant’s discovery. In the case of any agency whose videos are non-copiable, the video shall be made available for review by the Defense Attorney and his/her client in as private a setting as possible.
Page 13 | RULE TWELVE — LOCAL RULE- MISCELLANEOUS, A. VIDEO TAPES
When an electronically produced ticket is issued at the scene, the issuing officer must provide the Defendant a paper copy complying with Traffic Rule 3(F)(1) and (2).
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 14 | RULE THIRTEEN — LOCAL RULE-USE OF ELECTRONICALLY PRODUCED TICKETS/CITATIONS
The Clerk must issue the jury-service notice at least two weeks before trial, and the sheriff must serve the notices and return service to the Clerk at least two days before trial.
The Clerk shall issue a Notice to Serve to the Lawrence County Sherriff’s Department at least two weeks prior to the Jury trial date. The sheriff is commanded to serve Petit Jury Notices from a Jury List provided and to make a return of service to the Clerk of Court at least two days prior to the scheduled jury trial.
Page 9 | B. NOTIFICATION
Filing Fees and Waivers
A party requesting a stenographic record in writing must deposit $100 with the Court when submitting the request.
When a written request for stenographic record is filed, the party making such a request shall deposit with the Court the sum of $100.00. The deposit shall be made with the request for stenographic record.
Page 1 | RULE ONE, C. STENOGRAPHIC RECORD
A $10 Court Improvement Fund fee is charged as a filing fee and as costs.
It is hereby determined pursuant to Ohio Revised Code Section 1901.26 (B) (1) that for efficient operation of the Lawrence County Municipal Court, that we establish a Court Improvement Fund. An additional fee of $10.00 shall be charged for filing fee and as costs.
Page 2 | RULE ONE, I. COURT IMPROVEMENT FUND
A $10 computer-fund fee is charged as a filing fee and as costs.
It is hereby determined pursuant to Ohio Revised Code Section 1901.26 (B) that for efficient operation of the Lawrence County Municipal Court, additional funds are required to computerize the office of the Clerk and to maintain computer operations of the Court, an additional fee of ten dollars ($10.00) shall be charged for filing fee and as costs.
Page 2 | RULE ONE, H. COMPUTER FUND
Each non-indigent defendant must deposit $200.00 for jury fees by the final pretrial.
A costs deposit of $200.00 shall be made for jury fees by the time of the final pretrial by any non-indigent defendant.
Page 6 | RULE SIX — CRIMINAL PRACTICE — C. FINAL PRETRIALS AND JURY TRIALS
Effective April 1, 2014, citations issued by the Dog Warden under O.R.C. Sections 955.01 and 955.22 shall be accepted by the Clerk of Court as a waiver payment.
Effective April 1, 2014, citations issued by the Dog Warden under O.R.C. Sections 955.01 and 955.22 shall be accepted by the Clerk of Court as a waiver payment.
Page 14 | RULE FOURTEEN
Photostatic copies are subject to a per-page charge set by the Clerk based on production cost, and the Clerk’s office will provide an estimated reasonable fulfillment time.
A minimal charge per page shall be made for photo static copies of any documents. The charge shall be set by the Clerk of Court based upon the cost to the Clerk of producing the copy. Depending upon the personnel available in the Clerk’s office, copies will be made as soon as possible after the request. The Clerk or Deputy Clerk will consult with the requesting party as to the reasonable length of time necessary to provide the copies.
Page 1 | RULE ONE, E. FEE FOR COPIES
The Court accepts cash, checks, money orders, and online credit-card payments, subject to restrictions on credit-card and check payments.
The Court accepts payments by cash, personal check, certified bank check, or money order payable to the Lawrence County Municipal Court. Payments may also be made online with a credit card. The Clerk does not accept credit card payments at the Court or via telephone. If you miss a hearing and have a bench warrant or license forfeiture issued by the Court, you may not pay by personal check. Payments on civil judgments may not be paid by check.
Page 2 | RULE ONE, G. FORMS OF PAYMENT ACCEPTED
No additional fee is assessed for fax filings.
No additional fee shall be assessed for facsimile filings.
Page 12 | H. FEES
Pre-Motion Conference Requirements
A party wishing to respond to a motion must serve its written response no later than the seventh day after service of the motion.
All parties wishing to respond to such motion shall do so in writing not later than the seventh day following service of the motion upon the responding party.
Page 5 | TRIAL COUNSEL — D. MOTION PRACTICE
All motions will be set for oral argument unless every party waives argument.
All motions will be set for oral argument to the Court unless argument is waived by all parties.
Page 5 | TRIAL COUNSEL — D. MOTION PRACTICE
Adjournment & Extension Requirements
Counsel seeking a continuance must first determine opposing counsel’s position; an agreed order may be submitted for consideration but agreement does not guarantee a continuance, and without agreement a motion must be filed and set for hearing. Clerks cannot continue cases.
Requesting counsel shall first contact all opposing counsel and determine if there is opposition to a continuance. If all counsel agree an agreed order of continuance will be submitted to the court for consideration. The Court is not required to continue because all parties have agreed. If there is not an agreement for a continuance, then a motion for continuance must be filed and set for hearing. The clerks do not have the authority to continue cases.
Page 6 | TRIAL COUNSEL — F. REQUESTS FOR CONTINUANCES
Before seeking a continuance, counsel must contact opposing counsel; an agreed order may be submitted for consideration, but agreement does not require a continuance, and an opposed request must be filed as a motion and set for hearing.
Requesting counsel shall first contact all opposing counsel and determine if there is opposition to a continuance. If all counsel agree to an agreed order of continuance, an order will be submitted to the court for consideration. The Court is not required to continue because all parties have agreed. If there is not an agreement for a continuance, then a motion for continuance must be filed and set for hearing. The clerks do not have the authority to continue cases.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
An application to continue a pretrial conference must be addressed to the judge assigned to the case.
Any application for continuance of the conference shall be addressed to the Judge to whom the case has been assigned.
Page 8 | RULE SEVEN — CASE MANAGEMENT IN CIVIL CASES
Chambers Communication Rules
If oral hearing is requested on a motion, counsel must obtain an agreed hearing date and time from the Clerk of Court or the Judge.
An agreed date and time for oral hearing, if requested, upon motion must be obtained by counsel from the Clerk of Court or from the Judge.
Page 5 | TRIAL COUNSEL — D. MOTION PRACTICE
Potential jurors must contact the Court by phone upon receiving the summons and provide a current telephone number.
The summons provides instructions to potential jurors to contact the Court upon receipt at (740)-867-3127 and provide the Court with a current telephone number.
Page 9 | B. NOTIFICATION
The sender bears all risks of fax transmission and is urged to verify that the Clerk received the filing using available technological means.
The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 12 | G. TIME OF FILING
The clerk’s office is generally open weekdays from 8:30 a.m. to 4:00 p.m., subject to staffing and holiday closures, and the Judge may change the Court’s hours or close it without advance notice.
The office of the clerk shall be open Monday through Friday from 8:30 a.m. until 4:00 p.m. subject to the availability of personnel. The Court shall close for all state and federal legal holidays. The Court may be closed or its hours of operation changed at any time without prior notice by order of the Judge.
Page 1 | RULE ONE — TERMS, HOURS, AND SESSIONS, A. TERMS, HOURS, AND SESSIONS
The bond schedule may be accessed on the Court’s website or requested from the Clerk’s office.
A bond schedule is available on the Court’s website and may be requested from the office of the Clerk.
Page 2 | RULE ONE, F. BOND SCHEDULE
The Clerk need not notify the sender of a failed fax filing, but may do so if practicable.
The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
Page 11 | D.
The Clerk may acknowledge receipt of a fax transmission but is not required to do so.
The Clerk of Court may, but is not required to, acknowledge receipt of a facsimile transmission.
Page 12 | G. TIME OF FILING