Lima Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- Continuance motions generally must be made at least seven days before the scheduled action, state the reason, and include a journal entry with the rescheduled date and opposing counsel’s consent position; exceptions apply for criminal arraignments, sudden illness, emergencies, or death in the family.
- A continuance of the pre-trial conference may be granted only on a written motion submitted at least seven days beforehand and for good cause, unless otherwise ordered.
Communication
Clerk
Page & Word Limits1 rule
Facsimile filings shall not exceed 25 pages in length.
- Facsimile filing
- Up to 25 pages
Document Format Requirements3 rules
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Documents must be submitted in PDF format.
- File type
Citations to sections of constitutions, statutes, and/or cases shall comply with the current Supreme Court of Ohio writing manual.
Document Filing Requirements35 rules
All filings with this Court must have counsel’s current contact information, including but not limited to office address, email, and phone numbers, reflected on all documents.
A party who filed a signed document by fax represents that the physically signed original document is in their possession or control.
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.
A party filing a signed original document by fax must fax either a copy of the signed original or an unsigned copy marked “/s/” followed by the signer’s name where the signature appears.
Court's wording
A party who wishes to file a signed original document by fax shall either: a. fax a copy of the signed original 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 original document.
An exhibit filed separately must have a signed cover sheet identifying the Court, case title, case number, Judge, and exhibit title, and must be served under the rules for pleadings.
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, name of the Judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” with Plaintiff Smith’s Response to Defendants’ 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 cover sheet.]
Electronically filed documents must be signed by an Ohio-authorized attorney or an unrepresented party, and the signature is treated as that of the person it purports to be.
Court's wording
All electronically filed documents must be signed by an attorney authorized to practice in the State of Ohio or by a party not represented by an attorney. ii. Any signature on an electronically transmitted document shall be considered that of the attorney or party it purports to be for all practical purposes.
A moving party must submit a proposed journal entry with the motion, docket the motion before submitting the entry to the judge, and include the case number by reference in the entry.
- Document
- Motion
Must include
- •Case number
Court's wording
i. A moving party, at the time of filing a motion, shall submit with that motion a proposed journal entry granting the motion and setting forth the requested relief. ii. The motion shall be docketed prior to submitting the proposed journal entry to the Judge, and the proposed journal entry shall contain, by reference, the case number of the case.
All requests for transcription of testimony from the recording made of any Court proceeding shall be in writing stating specifically the testimony to be transcribed.
Representing attorneys must file a designation of counsel with the Clerk, except for the stated initial appearances, and identify lead counsel and any co-counsel.
Court's wording
All attorneys representing clients in the Lima Municipal Court shall file a designation of counsel with the Clerk of Court, except when the attorney's initial appearance in the case is at the arraignment in a criminal case or by the filing of the complaint or an answer in a civil case. Attorneys shall designate lead counsel and co-counsel, if applicable.
The Clerk of Lima Municipal Court shall not accept any documents for filing from any attorney not designated as counsel of record in the case. The Clerk shall not accept any pro se filing from a represented party without first obtaining a notice of withdrawal from the attorney of record.
A motion for withdrawal shall not be granted if it is filed less than seven (7) days before a bench trial or at any time after a jury demand has been filed unless a notice of substitution of counsel is filed simultaneously or for good cause shown.
All requests for compensation for payment shall be made by accurately completing the prescribed Ohio Public Defender forms and submitting them to the Court within 30 days after withdrawal by counsel or termination of the case, whichever is sooner.
Journal entries must accompany all such motions and a definite date and time to which the action is continued must be established with the assignment commissioner, or the matter will be continued at the court’s earliest convenience. Consent of opposing counsel shall be noted on the journal entry or it shall be noted consent was not given.
All motions not made in open Court, shall be submitted in writing alleging sufficient facts in support of the ruling sought and supported by a memorandum of law.
If relief is sought for a failure to respond to discovery, copies of the demand for discovery or portions of the documents that are in dispute shall be filed with the Court as exhibits to any motion to compel compliance with discovery.
A civil trial brief must include the listed factual, legal, witness, exhibit, and, for jury trials, jury-instruction materials.
Court's wording
1. A summary of the factual issues to be decided; 2. The applicable law of the case complete with citations of statutes and cases; 3. A list of all lay witnesses to be called; 4. A list of all expert witnesses to be called along with each person's qualifications as an expert witness and a brief summary of their testimony; 5. A list of all exhibits to be offered as proof; 6. In cases to be tried to a jury a complete set of instructions to be given to the jury.
At the criminal pre-trial conference, relevant incident and defendant-record materials must be made available to the defendant or defense attorney.
Court's wording
All relevant police reports, medical examination reports, witness statement and any records concerning the alleged incident in question and the prior record of the defendant shall be made available to the defendant and/or defendant's attorney at this time; any discovery outstanding shall notify the court.
Law-enforcement complaining witnesses are excused from criminal pre-trial conferences but must provide available reports and videos to the prosecutor sufficient for a meaningful pre-trial.
Court's wording
Due to the budgetary and labor constraints of all political subdivisions of Allen County and the State of Ohio, complaining witnesses who are law enforcement officers, are excused from attending pre-trial conferences. However, they must submit reports and videos, if available, to the prosecutor sufficient to conduct a meaningful pre- trial in compliance with all other criteria set forth in this rule.
A written jury waiver shall be executed at this time.
If a resolved criminal case's guilty or no-contest plea will not be entered that day, the plea negotiation form must be completed, signed by all parties, and filed with the Court.
Court's wording
If the pre-trial conference has resulted in a resolution of the case whereby the defendant will enter a plea of guilty or no contest to the original or an amended charge, but said plea is not to be entered that day, a "plea negotiation" form must be fully completed, signed by all parties, and filed with the Court.
The Bailiff shall endorse the names of the jurors and the time and manner of the service on the jury venire which must be returned to the Clerk of Lima Municipal Court forthwith.
Traffic and Criminal jury demands must be submitted in writing within the time limits set by Criminal Rule 23.
When a jury trial has been demanded in a criminal case, said demand may only be waived in writing by the defendant and confirmed in open court.
When a jury trial has been demanded in a civil case, said demand may only be waived in writing by all parties or their respective legal counsel.
Praecipe for all writs directed to the Bailiff for execution shall specifically describe the property to be seized. Such description shall include models and serial numbers, if known or reasonably attainable by the judgment creditor.
A motion to transfer must state an affirmative defense under Ohio Civil Rule 8(C) and include a supporting affidavit, or it may be denied.
Court's wording
Such motions shall set forth an affirmative defense as listed in Ohio Civil Rule 8(C) and shall contain an affidavit stating facts consistent with the affirmative defense alleged. Failure to timely file such motion or to attach such affidavit of facts shall be grounds alone for denial of the motion.
Before referral for placement in the Lima Municipal Treatment Court, a licensed, credentialed professional must assess the applicant’s condition and amenability to treatment, and the assessment must be presented to the assigned Judge.
Court's wording
(b) Before being considered for placement in the Lima Municipal Treatment Court, the applicant’s substance abuse/mental health condition and the applicant’s amenability to treatment must be assessed by a licensed, credentialed professional The assessment shall be presented to the Judge assigned to the traffic or criminal case before a referral is made to the Lima Municipal Treatment Court.
The objection shall state specific reasons why the proceeding, or portion thereof, should not be livestreamed.
A defendant who waives time under this pretrial-calendar provision must do so in writing.
Court's wording
Those cases not terminated shall be assigned for trial within the time prescribed by O.R.C. 2945.71, unless the defendant in writing waives time and the case is directed to be set for a change of plea or another pre-trial.
unless the defendant requests a pretrial and signs a time waiver.
If the parties settle, an agreed judgment entry or notice of dismissal must be filed with the Clerk within 30 days after the pre-trial conference.
Court's wording
If the parties reach a settlement agreement, the assigned Magistrate shall note such fact on the scheduling order and direct that an agreed judgment entry or notice of dismissal be filed with the Clerk of Court within thirty (30) days following the pre-trial conference.
Any pro se filing with the court should include current contact information, including but not limited to address, email and phone numbers.
A properly certified legal intern must file a copy of the certification with the Court to appear.
Court's wording
Legal interns, properly certified by the Supreme Court of Ohio and who have filed a copy of their certification with the Court, may appear before the Court in accordance with the rules of the Supreme Court of Ohio.
Attorneys seeking inclusion on the appointed counsel list must complete the Application for Appointed Counsel Program and submit it to the Court Administrator.
Court's wording
Attorneys who desire to be on the appointed counsel list shall complete the Application for Appointed Counsel Program attached to this rule and otherwise available online at www.limamunicipalcourt.org or the Clerk of Court’s Office. The form shall be submitted to the Court Administrator.
Any person who is not a party or witness may request in writing livestreaming of a case specific proceeding or the court’s daily docket (“bulk requests”).
Filing & Service rules
Electronic Filing Rules
Fax filings may not be sent directly to the judge or bailiff for filing.
FAX FILINGS MAY NOT BE SENT DIRECTLY TO THE JUDGE OR BAILIFF FOR FILING.
Page 12 | Rule 9.0, Original Filing
A fax filing is accepted as the original, so a paper original need not be filed with the Clerk, but the filer must retain the original and successful-fax confirmation until the case is closed and all appeal opportunities are exhausted.
A document filed by fax shall be accepted as the original filing. The person making a fax filing need not file any original document with the Clerk of Court but must, maintain in his or her records and have available for production on request by the Court the original document. The original document filed by fax and confirmation of a successful facsimile shall be maintained by the person making the filing until the case is closed and all opportunities for appeal have been exhausted.
Page 12 | Rule 9.0, Original Filing
Fax filings must be transmitted through the Clerk of Court’s facsimile equipment and may not be sent directly to the Court.
Fax filing may NOT be sent directly to the Court for filing, but may only be transmitted directly through the facsimile equipment operated by the Clerk of Court.
Page 14 | TIME OF FILING
Electronically submitted documents must be filed as attachments through the Lima Municipal Court e-filing system.
All electronically submitted documents shall be filed as attachments to the Lima Municipal Court e-filing system. A link to this system is provided on the Lima Municipal Court website.
Page 15 | Electronic Filing Policy—Accepted Filings
An attorney may authorize electronic filing on the attorney’s behalf only by an employee or a service provider retained to assist with electronic filing.
No attorney shall authorize any person to electronically file on that attorney’s behalf, other than his or her employee or a service provider retained to assist in electronic filing.
Page 15 | Electronic Filing Policy—Accepted Filings
Attachments and exhibits to an electronically submitted document must also be filed electronically.
11. Attachments and Exhibits: Attachments and exhibits to any electronically submitted document shall be filed electronically.
Page 17 | Attachments and Exhibits
An electronic filer need not file the source document in hard copy but must retain it and produce it on request through the stated case and appeal periods.
ii. The person filing electronically need not file a hard copy with the Clerk of Court but must maintain, and have available for production upon request by the Court, the Clerk of Court or other counsel, the source document of any document electronically filed. iii. The filer must maintain this source document until the final disposition of the case and through any Notice of Appeal, or, if appealed, appeal period.
Page 17
A filer who cannot file electronically for any reason must file a hard copy with the Clerk of Court.
ii. A filer who cannot file a document electronically due to any problem of any nature must file a hard copy of the document with the Clerk of Court.
Page 18 | Technical Failures
After an electronically submitted document becomes part of the docket, only the Clerk of Court’s Office may correct the docket.
i. Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk of Court’s Office.
Page 18 | Correction of Docket Entries / Documents Filed in Error
A filing party should not attempt to re-file a document that was filed in error.
iii. If a document has been filed in error, the filing party should not attempt to re-file the document.
Page 18 | Correction of Docket Entries / Documents Filed in Error
After a filing transaction is accepted, the system does not allow the filing party to change the document or docket entry.
ii. The System does not permit a filing party to make changes to the document(s) or docket entry once the transaction has been accepted.
Page 18 | Correction of Docket Entries / Documents Filed in Error
The Clerk may deny a party, firm, or agency use of e-filing for habitual nonconformance or uncorrected equipment incompatibility.
(E) NONCONFORMANCE RULE The Clerk of Court reserves the right to deny any party, firm, or agency the use of e-Filing due to habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected.
Page 18 | NONCONFORMANCE RULE
Electronically produced tickets or citations may be used and filed in the Lima Municipal Court.
The use and filing of a ticket/citation that is produced by computer or other electronic means is hereby authorized in the Lima Municipal Court.
Page 8 | Rule 4.1
Pleadings, motions, and other documents may be electronically filed with the Clerk in criminal and traffic cases under Criminal Rule 12(B).
Pleadings, motions, and other documents may be filed with the Clerk of Court by electronic filing in criminal and traffic cases, pursuant to Crim. R. 12(B)
Page 14 | Rule 9.1 — FILING BY ELECTRONIC TRANSMISSION — CRIMINAL & TRAFFIC CASES
Pleadings, motions, and other documents may be filed electronically with the Clerk via the Internet, subject to the rule’s requirements.
In conformity with Ohio Revised Code and Criminal Rule 12(B) pleadings, motions and other documents may be filed with the Clerk of Court electronically via the Internet, subject to the provisions in this rule.
Page 15 | Electronic Filing Policy
The Clerk will annotate, rather than delete, docket text to show the deletion, its reason, and that the filer was notified.
(D) The Clerk will not delete the relevant docket text, but will annotate the docket to show the deletion, the reason for the deletion and that the filer has been so notified.
Page 18 | Correction of Docket Entries / Documents Filed in Error
Pleadings, motions, and other documents may be fax-filed with the Clerk in civil, traffic, and criminal proceedings, subject to exclusions for original complaints, small claims, and original criminal or civil documents requiring a fee or cost.
Pleadings, motions and other documents other than the original complaint may be filed with the Clerk of Court by facsimile transmission to (Traffic/Criminal 419-998-5526) and (Civil 419-998-5517) subject to the following conditions: APPLICABILITY 1. These rules apply to Civil, Traffic, and Criminal proceedings in the Lima Municipal Court. 2. These rules do not apply to Small Claims. In these proceedings, no facsimile transmission of documents will be accepted. 3. Original criminal and civil documents requiring a filing fee or cost will not be accepted for fax filing.
Page 12 | Rule 9.0, Fax Filing
Filing Timing and Cure Windows
Unless the Court orders otherwise, a missing exhibit must be filed separately within three 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 Court, as a separate document, not later than three (3) business days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.
Page 13 | EXHIBITS
A faxed document is filed as of the date and time the Clerk time-stamps receipt, not when the fax was transmitted.
Subject to the provisions of these rules, all documents sent by fax and received by the Clerk shall be filed with the Clerk of Court as of the date and time the Clerk time-stamps the document received, NOT time of the fax transmission.
Page 13 | TIME OF FILING
A document requiring a filing fee is not considered filed until the fee is paid.
A document requiring a filing fee will not be considered filed until the requisite filing fee has been paid.
Page 16 | Electronic Filing Policy—Fees
The Clerk receives electronic documents around the clock, but same-day file stamping requires receipt by 4:00 p.m. Court time; filings received after that time or while the Clerk’s Office is closed are stamped the next business day, and filers should submit early enough to allow processing.
The Clerk shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk’s Office is actually open. To be file stamped on the date of transmission, the document must be received by 4:00 pm. Documents received after 4:00 pm or at times when the Clerk’s office is closed shall be file stamped the next business day. A document will be deemed filed when time stamped by the Clerk. Time at the Court (Eastern) governs, rather than the time zone from which the filing is made. Accordingly, all electronic submissions should be made in adequate time to permit processing in the event of a deadline.
Page 16 | Electronic Filing Policy—Hours of Operation
Compensation requests are due within 30 days after counsel’s withdrawal or case termination, whichever occurs first.
All requests for compensation for payment shall be made by accurately completing the prescribed Ohio Public Defender forms and submitting them to the Court within 30 days after withdrawal by counsel or termination of the case, whichever is sooner.
Page 23 | Compensation and Expenses
Counsel must file the civil trial brief at least 14 days before trial.
In all civil cases counsel shall, at least 14 days before the trial date file and serve on opposing parties a trial brief containing the following:
Page 25 | Rule 19.0 PRETRIAL ORDER IN CIVIL CASES
Witness subpoena praecipes must be filed with the Court no later than seven days before trial.
All praecipes for the issuance of subpoenas of witnesses must be filed with the Court not later than seven (7) days before trial.
Page 26 | Rule 22.0 PRAECIPES FOR WITNESSES
Traffic and criminal jury demands must be submitted within the time limits set by Criminal Rule 23.
Traffic and Criminal jury demands must be submitted in writing within the time limits set by Criminal Rule 23.
Page 28 | Rule 24.0
Absent good cause, a party seeking transfer from the Small Claims Docket must file a motion at least five days before trial, and transfer requires an entry signed by the assigned Magistrate or Judge.
Except for good cause shown, no case shall be transferred from the Small Claims Docket to the Regular Docket of the Lima Municipal Court except on a motion by the moving party filed at least five (5) days prior to the scheduled trial date by entry signed by the assigned Magistrate or Judge of the Court.
Page 30 | Rule 28.0 — Transfer from Small Claims Docket
A party may file an objection to permitted livestreaming or object orally on the record at the beginning of the proceeding.
A party to a case wherein the Court has permitted livestreaming may either file an objection or orally object on the record at the beginning of the proceeding.
Page 34 | Rule 33.2(D) — Objections to Livestreaming
Except for initial appearances, livestreaming requests must be made at least seven days before the proceeding using the court’s designated form.
Except for initial appearances, requests shall be made no later than seven (7) days prior to the proceeding for which livestreaming is requested using a form made available on the court’s website and through the clerk’s office.
Page 34 | Rule 33.2(C) — Requests for Access to Livestreaming Webcast
Traffic tickets and criminal-complaint summonses must be returned to the Clerk within 24 hours of service, or on the next day the Court is open if it is closed during that period.
All traffic tickets issued or summons on criminal complaints served shall be returned to the Clerk of Court within twenty-four (24) hours of service unless the Court is closed during that period in which case, the return to the Clerk of Court's office shall be made on the next day the Court is open.
Page 37 | Arraignment Calendar
When a motion other than a continuance motion is filed, the case must be transferred to the Motion Calendar and assigned for a hearing within 30 days of filing.
On the filing of any motion other than one for a continuance, the Clerk shall transfer the case to the motion Calendar. The Assignment Commissioner shall then assign the case for a Motion Hearing within thirty (30) days from the filing of the motion.
Page 39 | MOTION CALENDAR
Cases not terminated at pretrial must be assigned for trial within the time prescribed by O.R.C. 2945.71, unless the defendant waives time in writing and the case is set for a change of plea or another pretrial.
Those cases not terminated shall be assigned for trial within the time prescribed by O.R.C. 2945.71, unless the defendant in writing waives time and the case is directed to be set for a change of plea or another pre-trial.
Page 39 | PRE-TRIAL CALENDAR
O.R.C. 2945.71 time limits are extended by the period the case is on the Motion Calendar.
The time limits of O.R.C. 2945.71 shall be extended by the period of time that the case is on the Motion Calendar.
Page 39 | MOTION CALENDAR
After a not-guilty plea, first- and second-degree misdemeanor cases must be assigned for pretrial within 40 days of arrest or summons issuance.
Following a plea of "Not Guilty" at the Arraignment session, the Clerk of Court shall transfer all traffic and criminal cases designated as first or second-degree misdemeanors to the Pre-trial Calendar. The Assignment Commissioner shall then assign said cases for pre-trial within forty (40) days from the date of arrest or issuance of summons.
Page 39 | PRE-TRIAL CALENDAR
A pretrial continuance extends the O.R.C. 2945.71 time limits by the length of the continuance.
the time limits of O.R.C. 2945.71 shall be extended by the length of the continuance.
Page 39 | PRE-TRIAL CALENDAR
For computing time in the pretrial calendar, each day the defendant is incarcerated on the charge counts as three days.
For any period of time the defendant is incarcerated on the charge, three (3) days shall be counted for each day incarcerated in computing time.
Page 39 | PRE-TRIAL CALENDAR
Cases with a written waiver involving third- or fourth-degree traffic or criminal cases must be assigned for trial no later than 90 days after arrest or service of summons.
ninety (90) days following arrest or service of summons on third or fourth degree traffic or criminal cases;
Page 40 | TRIAL CALENDAR
Cases whose O.R.C. 2945.71 time limits have not been waived in writing must be advanced on the Trial Calendar and given priority over cases with waived time limits.
Those cases for which the time limits of O.R.C. 2945.71 have not been waived in writing by the defendant shall be advanced on the Trial Calendar and be given scheduling priority over those cases where time limits have been waived.
Page 40 | TRIAL CALENDAR
For computing trial-calendar time, each day of incarceration counts as three days.
Three (3) days shall be counted for each day incarcerated in computing time.
Page 40 | TRIAL CALENDAR
After a not-guilty plea, minor, third- or fourth-degree misdemeanor cases are transferred to the Trial Calendar; minor misdemeanors and non-jailable unspecified offenses are assigned to a Magistrate, with trial assigned within 30 days unless the defendant requests pretrial and signs a time waiver.
Following a plea of "Not Guilty" at any arraignment session, the Clerk of Court shall transfer all traffic and criminal cases designated as minor misdemeanor, third or fourth degree misdemeanors to the Trial Calendar. All minor misdemeanors and non-jailable unspecified offenses shall be assigned for trial before a Magistrate. The Assignment Commissioner shall assign the trial within thirty (30) days, unless the defendant requests a pretrial and signs a time waiver.
Page 40 | TRIAL CALENDAR
Third- and fourth-degree criminal and traffic misdemeanor cases must be assigned for trial no later than 40 days after arrest or service of summons.
The Assignment Commissioners shall assign all criminal and traffic misdemeanor cases of the third and fourth degree for trial not later than forty (40) days following arrest or service of summons.
Page 40 | TRIAL CALENDAR
First- and second-degree criminal and traffic misdemeanor cases must be assigned for trial no later than 85 days after arrest or service of summons.
The Assignment Commissioner shall assign all criminal and traffic misdemeanor cases of the first and second degree for trial not later than eighty-five (85) days;
Page 40 | TRIAL CALENDAR
Unspecified misdemeanors must be assigned for trial no later than 45 days after arrest or service of summons.
and unspecified misdemeanors not later than forty-five (45) days from date of arrest or service of summons.
Page 40 | TRIAL CALENDAR
If a motion ruling does not dismiss the case, the case must be transferred to the Trial or Pre-trial Calendar and assigned within the time frames established by the rule and O.R.C. 2945.71.
If the ruling on a motion does not result in the dismissal of the case, the trial Judge shall direct the Clerk of Court to transfer the case from the Motion Calendar to the Trial Calendar or the Pre-trial Calendar. The Assignment Commissioner shall then assign the case as directed within the time frames established by this rule and O.R.C. 2945.71.
Page 40 | MOTION CALENDAR
Cases with a written waiver involving first- or second-degree traffic or criminal cases must be assigned for trial no later than 180 days after arrest or service of summons.
and, one hundred eighty (180) days following arrest or service of summons on first or second degree traffic or criminal cases.
Page 40 | TRIAL CALENDAR
Cases with a written waiver of O.R.C. 2945.71 time limits involving minor misdemeanor traffic or criminal cases must be assigned for trial in a timely and reasonable manner, no later than 60 days after arrest or service of summons.
Cases where the time limitations of O.R.C. 2945.71 have been waived in writing by the defendant shall be assigned for trial in a timely and reasonable manner and no later than sixty (60) days following arrest or service of summons on minor misdemeanors traffic or criminal cases;
Page 40 | TRIAL CALENDAR
O.R.C. 2945.71 time limits are extended by the length of a trial continuance.
The time limits of O.R.C. 2945.71 shall be extended by the length of such continuance.
Page 41 | Criminal and Traffic Cases
The plaintiff or counsel must file alias service of summons within 28 days after being directed to do so, or the case may be dismissed without prejudice.
On those cases where a notice of failure of service of process is received by the Clerk of Court, notice shall be sent to the attorney for plaintiff or to the Plaintiff, if unrepresented by an attorney, within three (3) days informing them that service has not been obtained and directing them to file an alias service of summons within twenty-eight (28) days or the case may be dismissed without prejudice.
Page 42 | Service Calendar
The answer date is 28 days after service of process.
Where service of process has been obtained, the Clerk of Court shall note the answer date of twenty-eight (28) days after such service.
Page 42 | Service Calendar
The plaintiff must seek default judgment within 60 days of the answer date to avoid referral for further action, including possible dismissal without prejudice.
If the plaintiff has failed to file for default judgment within sixty (60) days of the answer date, the Clerk of Court shall send the case to the Magistrate for further action, including dismissal without prejudice for want of prosecution under Civ.R. 41 or Sup.R. 40 and signed by the Administrative Judge.
Page 42 | Service Calendar
If the parties settle, the agreed judgment entry or notice of dismissal is due within 30 days after the pre-trial conference.
If the parties reach a settlement agreement, the assigned Magistrate shall note such fact on the scheduling order and direct that an agreed judgment entry or notice of dismissal be filed with the Clerk of Court within thirty (30) days following the pre-trial conference.
Page 43 | PRE-TRIAL CALENDAR
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 Court will 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 13 | TIME OF FILING
The Clerk may deem the website to have a technical failure if it cannot accept filings continuously or intermittently during a day; known outages will be posted if possible.
i. The Clerk of Court’s Office may deem the Internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently on that day. Known system outages will be posted on the website, if possible.
Page 18 | Technical Failures
A party whose filing is untimely because of a court-system, website, or filer-side technical problem may seek appropriate relief from the Court.
iii. A filing party whose filing is made untimely as a result of a technical failure of the Court’s system or site, or as a result of the problems on the filer’s end, may seek appropriate relief from the Court.
Page 18 | Technical Failures
The rule assesses costs associated with a civil jury demand to the demanding party based on when the waiver is received, except when the failure to file it timely was the opposing party’s fault.
Unless that waiver of jury is received within fifteen (15) days prior to the scheduled trial date, costs associated with such jury demand shall be assessed to the party demanding such jury trial, unless it can be shown that the failure to timely file such a waiver was the fault of the opposing party.
Page 28 | Rule 24.0
The rule assesses costs associated with a criminal jury demand to the defendant based on when the waiver is received relative to the scheduled trial date, as stated in the source.
Unless such a waiver is received within fifteen (15) days prior to the scheduled trial date, costs associated with such jury demand shall be assessed to the defendant.
Page 28 | Rule 24.0
Multiple pretrials should be avoided, and if another is directed, it must be assigned no later than 40 days after the first pretrial conference.
Multiple pre-trials are to be avoided; however, if directed, the Assignment Commissioner shall assign the next pre-trial no later than forty (40) days after the first pre-trial conference.
Page 39 | PRE-TRIAL CALENDAR
Jury trials must be assigned on Thursday unless the Trial Judge directs otherwise.
Jury trials shall be assigned on Thursday or, unless otherwise directed by the Trial Judge.
Page 40 | TRIAL CALENDAR
Anyone who elects electronic filing bears the risk of delays, signal interruptions, or readability problems that may prevent proper filing or acceptance.
Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of electronic signals and readability of the document and, accepts the full risk that the document may not be properly filed with, or accepted by, the Clerk of Court as a result.
Page 16 | Electronic Filing Policy—Filing Acceptance or Rejection Cycle
Service and Proof of Service Rules
The Clerk must retain the original document and send a copy to each attorney of record and unrepresented party within three days of journalization.
The Clerk shall retain the original in the case file and send one (1) copy to each attorney of record and each party not represented within three (3) days of its journalization.
Page 8 | Rule 5.0
When an electronically produced ticket is issued at the scene, the 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.
Page 8 | Rule 4.1
The prosecuting attorney must notify the alleged victim of all public proceedings involving the alleged offense and is the court’s designee for required victim notifications.
Pursuant to Crim.R. 37 and as may be required by Article I, Section 10a of the Ohio Constitution and the Revised Code, the prosecuting attorney shall provide notice to the alleged victim of all public proceedings involving the alleged criminal or traffic offense against the victim. The prosecuting attorney shall be the court’s designee for victim notifications required by R.C. 2930.06 and R.C. 2930.161, as amended.
Page 11 | Rule 7.0(B)
A separately filed exhibit and its cover sheet must be served in conformance with the rules governing 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., Plaintiff Smith’s Notice of Filing Exhibit “G” with Plaintiff Smith’s Response to Defendants’ 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 cover sheet.]
Page 13 | EXHIBITS
A filer may not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 14 | LENGTH OF DOCUMENT
Electronically filed documents must be served in accordance with Ohio Criminal Rule 49.
i. Documents filed electronically with the Clerk of Court shall be served in accordance with Ohio Criminal Rule 49.
Page 17 | Service of Documents
After appearing, a party must provide an email address, and subsequent service must be electronic where possible.
ii. Once a party has entered an appearance in the case, the party shall furnish their email address, and service thereafter shall be electronically, where possible.
Page 17 | Service of Documents
A withdrawal motion must include proof of service to the client, and permission to withdraw is granted by journal entry for good cause shown.
Permission shall only be granted by journal entry for good cause shown on the motion of the moving attorney with proof of service to the client.
Page 22 | Rule 14.0 — Withdrawal of Counsel
Continuance motions must be served on all opposing parties or their counsel, and must contain proof of service.
All motions for continuance shall specify the reason therefore and must contain proof of service to all opposing parties or their respective counsel of record.
Page 23 | Rule 16.0 — Continuances
Discovery requests and responses must be served on opposing counsel or the opposing party under the Ohio Rules of Civil and Criminal Procedure, but must not be filed with the Court.
Interrogatories, requests for production or inspection of documents, and requests for admissions AND RESPONSES TO THESE REQUESTS shall be served on opposing counsel or party in accordance with the Ohio Rules of Civil and Criminal Procedure, but shall not be filed with the Court.
Page 24 | Rule 17.0 — Discovery
Counsel must serve the civil trial brief on opposing parties at least 14 days before trial.
In all civil cases counsel shall, at least 14 days before the trial date file and serve on opposing parties a trial brief containing the following:
Page 25 | Rule 19.0 PRETRIAL ORDER IN CIVIL CASES
A civil jury demand must be filed with the court and served on the parties as provided in Civil Rule 38.
Civil jury demands shall be filed with the court and served upon the parties as provided in Civil Rule 38.
Page 28 | Rule 24.0
After receiving notice that service failed, the Clerk must notify the plaintiff or counsel within three days and direct the filing of alias service within 28 days to avoid possible dismissal without prejudice.
On those cases where a notice of failure of service of process is received by the Clerk of Court, notice shall be sent to the attorney for plaintiff or to the Plaintiff, if unrepresented by an attorney, within three (3) days informing them that service has not been obtained and directing them to file an alias service of summons within twenty-eight (28) days or the case may be dismissed without prejudice.
Page 42 | Service Calendar
The Clerk must send summons to named defendants by certified mail within five court days after filing, unless the plaintiff directs otherwise.
Within five (5) Court days, the Clerk of Court shall send service of summons to all named defendants by certified mail unless otherwise directed by the Plaintiff.
Page 42 | Service Calendar
A juror summons may be served by reading it to the person, leaving it at the person’s usual residence, or mailing it to the person’s last known address.
Service on jurors may be made by reading the summons to the person named; by leaving the summons at the person's usual place of residence; or by mailing the summons to the person's last known address.
Page 28 | Rule 23.0
The Clerk must file case-specific livestreaming requests in the case and provide copies to the parties.
The Clerk shall file requests related to a particular case in that case and provide copies to the parties.
Page 34 | Rule 33.2(C) — Requests for Access to Livestreaming Webcast
Filing Fees and Waivers
No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing.
No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing.
Page 14 | FEES AND COSTS
Normal filing fees apply; case deposits may be paid by credit card when processed or by cash or check at the Clerk’s Office, and a credit-card surcharge may be assessed.
The Clerk of Court shall assess normal filing fees and case deposits will be collected via user credit card at the time the filing is processed or by cash or check deposit at the Clerk of Court office. Pursuant to §301.28(E) and (F) of the Ohio Revised Code, a surcharge for credit card use may be assessed in an amount to be determined by the Clerk of Court. Any document filed without an appropriate filing fee may be stricken.
Page 16 | Electronic Filing Policy—Fees
A transcript request requires a deposit of half the estimated cost, and the transcript is delivered only after full payment; an electronic copy on compact disc is free.
The Court Reporter shall review the electronic recording of the REQUESTED proceeding(s) and require a deposit of one-half (1/2) the total estimated cost. All transcription of electronic recordings shall be made by the Court Reporter under the supervision and control of the Court and the Court Reporter shall be pursuant to the fee schedule adopted by the court. Copies of the transcript shall be available at the cost set forth in the fee schedule. No transcript shall be delivered until the cost has been paid in full. If an electronic copy is requested, the Court shall provide the party with the transcript on a compact disc at no charge.
Page 19
Court costs for civil and criminal cases are established under Ohio law, published in schedules, and applied to each individual case filed.
Court costs in both Civil and Criminal cases shall be established by the Judges of the Lima Municipal Court in conformance with the provisions of the Ohio Revised Code. Those costs shall be published by the Clerk of the Lima Municipal Court as a Criminal Cost Schedule and a Civil Cost Schedule and made available to the general public on request. Further, the Clerk shall send copies of both schedules to all attorneys regularly practicing in the Lima Municipal Court on adoption of these rules and from time to time as the schedules of costs shall be amended. The Clerk of Court shall apply these costs to each individual case filed. For the purpose of this rule, a “case” is defined as a prosecution of all of the charges that result from the same act, transaction, or series of acts or transactions and that are given the same case type designator and case number under Rule 43 of the Rules of Superintendence for the Courts of Ohio or any successor to that rule.
Page 19 | Rule 11.0 COSTS
If financial sanctions remain unpaid at sentencing, the clerk must notify the defendant of possible enforcement consequences, the defendant's responsibility for collection-agency fees, and the option to request a financial ability hearing.
If all financial sanctions are not paid in full at the time of sentencing, the Clerk of Court shall issue to the defendant a notice advising the defendant that a failure to pay all financial sanctions, or a failure to comply with the terms of any payment agreement, may cause the court to impose such sanctions as are provided by law, including, but not limited to, a wage garnishment, vehicle registration block, forfeiture of driving privileges and/or operator’s license, and turning the case(s) over to a collection agency. The collection agency’s fees are the responsibility of the defendant. The notice shall further notify the defendant that they may request a financial ability hearing if they believe they are unable to pay.
Page 20 | Rule 11.0 COSTS
A defendant unable to pay all financial sanctions in full on the sentencing date must make payment arrangements.
If a defendant is unable to pay all financial sanctions in full on the date of sentencing, the defendant shall make arrangements for payment.
Page 20 | Rule 11.0 COSTS
Unless the court orders otherwise, financial sanctions, including fines and court costs, must be paid in full on the sentencing date.
Unless otherwise ordered by the court, all financial sanctions, including but not limited to all fines and court costs, are to be paid in full on the date of sentencing.
Page 20 | Rule 11.0 COSTS
An employed defendant must sign a wage-withholding order, while an unemployed defendant must enter a payment plan with the Clerk of Court.
If a defendant is employed, a defendant shall sign a wage withholding order to allow the defendant’s employer to withhold funds and pay them directly to the court. If the defendant is not employed, they shall enter into a payment plan with the Clerk of Court.
Page 20 | Rule 11.0 COSTS
The requesting party must post a jury deposit when filing a civil jury demand; failure to post it waives the right to a civil jury trial.
The requesting party must post a jury deposit upon the filing of a jury demand; failure to post a deposit waives the right to a civil jury trial.
Page 28 | Rule 24.0
The clerk of the Lima Municipal Court collects financial sanctions imposed by the court.
Pursuant to R.C. 2929.28(G) the court designates the clerk of the lima municipal court to collect financial sanctions imposed by the court.
Page 20 | Rule 11.0 COSTS
No additional fee is charged for filing a document by fax.
No additional fee shall be assessed for facsimile filings.
Page 14 | FEES AND COSTS
Sealing & Redaction Procedures
In criminal cases, the clerk’s office must redact protected information before releasing a complaint in response to a public records request.
In criminal cases the clerk’s office shall redact the protected information prior to releasing a copy of the complaint in response to a public records request.
Page 9 | (E)
Non-public records associated with a criminal case must be kept in a sealed envelope marked with the case number and “documents under seal,” with the case jacket.
Documents that are not public record but associated with the case, including but not limited to, the Ohio Victim Rights Request form and the prosecutor’s charge and victim notification sheet shall be placed in a sealed envelope marked with the case number and marked “documents under seal” and kept with the case jacket.
Page 9 | (F) Non-public records in criminal case jackets
The filing party must redact personal and private information, but a law enforcement agency or prosecutor’s office must not redact a criminal complaint before filing it.
It is the responsibility of the party filing the document to redact personal and private information. Complaints, the law enforcement agency or prosecutor’s office filing a criminal complaint shall not redact the complaint prior to filing.
Page 9 | (D) The responsibility for redacting personal and private information.
Pre-Motion Conference Requirements
Except for motions for continuance or to extend the time to answer or respond to a pleading, a filed motion is sent immediately to the assigned judicial officer to determine whether an oral hearing is needed; if one is needed, it must be assigned within 30 days of filing.
On the filing of any motion, except a motion for continuance, a motion to extend time to file an answer or a response to a pleading, the case shall be transferred to the Motion Calendar and immediately given to the assigned Magistrate or Trial Judge to determine if an oral hearing will be required. If the assigned Magistrate or Trial Judge determines the matter should have an oral hearing, the Assignment Commissioner shall assign the motion hearing no later than thirty (30) days from the filing of the motion.
Page 44 | MOTION CALENDAR
Opposing counsel may file a response to a motion within 14 days after service of the motion.
Opposing counsel may file a response to any motion within fourteen (14) days from service of the motion.
Page 24 | Rule 18.0 — Motions and Briefs of Authority
The Court will endeavor, but is not stated to be strictly required, to decide motions within 30 days after submission.
The Court shall endeavor to decide all motions submitted by written argument or oral hearing within thirty (30) days from the time submitted.
Page 44 | MOTION CALENDAR
Adjournment & Extension Requirements
Continuance motions generally must be made at least seven days before the scheduled action, state the reason, and include a journal entry with the rescheduled date and opposing counsel’s consent position; exceptions apply for criminal arraignments, sudden illness, emergencies, or death in the family.
Motions for continuances MUST be made by the moving party no later than seven (7) days before the scheduled Court action, except for criminal arraignments or in cases of sudden illness, emergency, or death in the family. All motions for continuance shall specify the reason therefore and must contain proof of service to all opposing parties or their respective counsel of record. Journal entries must accompany all such motions and a definite date and time to which the action is continued must be established with the assignment commissioner, or the matter will be continued at the court’s earliest convenience. Consent of opposing counsel shall be noted on the journal entry or it shall be noted consent was not given.
Page 23 | Rule 16.0 — Continuances
A continuance of a criminal arraignment may not extend beyond seven days except in extraordinary situations involving a defendant’s long-term health.
Except for extraordinary situations involving the long-term health of a defendant, continuances for Criminal Arraignments shall not extend beyond seven (7) days.
Page 23 | Rule 16.0 — Continuances
Only the arraignment Judge or Magistrate may grant an arraignment continuance for good cause, and the continuance extends the O.R.C. 2945.71 time limits by its length.
Continuance of the arraignment date may only be granted by the arraignment Judge or Magistrate for good cause shown, and the time limits of O.R.C. 2945.71 shall be extended by the length of the continuance.
Page 38 | Arraignment Calendar
Only the Judge or Magistrate presiding over a felony preliminary hearing may grant a continuance for good cause, and it extends the Criminal Rule 5(B) time limits by its length.
Continuances shall only be granted for good cause shown by the Judge or Magistrate presiding over that preliminary hearing and shall extend the time limits of Criminal Rule 5(B) by the period of the continuance.
Page 38 | Felony Preliminary Hearing Calendar
Only the trial Judge may grant a continuance of a motion hearing date.
Continuances of motion hearing dates may only be granted by the trial Judge.
Page 39 | MOTION CALENDAR
A pretrial continuance may be granted only by the Trial Judge or Magistrate and only for good cause shown.
Continuance of the pre-trial date may only be granted by the Trial Judge or Magistrate for good cause shown
Page 39 | PRE-TRIAL CALENDAR
Trial continuances require good cause, a written request, and written approval from opposing counsel or the unrepresented defendant; the court will set a new date at its earliest convenience.
Continuances of trial dates may only be granted by the Trial Judge or Magistrate for good cause shown. All requests for a continuance must be made in writing and no continuance of the trial date shall be granted without the written approval of opposing counsel, or the defendant if unrepresented by the counsel. A new trial date will be set at the court’s earliest convenience. The time limits of O.R.C. 2945.71 shall be extended by the length of such continuance.
Page 41 | Criminal and Traffic Cases
A continuance of the pre-trial conference may be granted only on a written motion submitted at least seven days beforehand and for good cause, unless otherwise ordered.
Continuances of the pre-trial conference may be granted by the assigned Magistrate only upon written motion submitted at least seven (7) days prior and for good cause shown, unless otherwise ordered
Page 43 | PRE-TRIAL CALENDAR
Failure to serve subpoenas when the praecipe was not timely filed is not grounds for a continuance unless good cause is shown.
Failure of service of such subpoenas where the praecipe was not filed in accordance with this rule shall not be considered as grounds for a continuance, absent a showing of good cause.
Page 26 | Rule 22.0 PRAECIPES FOR WITNESSES
Chambers Communication Rules
The Court and Clerk may send assignment notices by email to the party-provided address; those notices count for all purposes, and the party is accountable for the resulting appearances.
The Court and Clerk may send notices to the e-mail address provided by a party. That notice shall be considered Notice for all purposes, including pre-trials, motion hearings, trials, and pleas. The party shall be held accountable for appearances accordingly.
Page 11 | Rule 7.0(A)
A party must submit any address, telephone, or email change in writing to the Clerk of Court.
Any change of a party’s address, phone number, or email must be submitted in writing to the Clerk of Court, Lima Municipal Court, 109 N. Union Street, Lima, Ohio 45801.
Page 11 | Rule 7.0(A)
v. If appropriate, the Court will make an entry indicating that the document was filed in error and the filing party will be advised if the document needs to be re-filed. (C) As soon as practicable, the Clerk of Court shall notify the filer of the error and inform the filer if the document needs to be re-filed.
v. If appropriate, the Court will make an entry indicating that the document was filed in error and the filing party will be advised if the document needs to be re-filed. (C) As soon as practicable, the Clerk of Court shall notify the filer of the error and inform the filer if the document needs to be re-filed.
Page 18 | Correction of Docket Entries / Documents Filed in Error
Debtors with active trusteeships must immediately notify the clerk of changes in work status or personal address.
Debtors with active trusteeships must immediately notify the clerk of any change in work status or personal address;
Page 29 | Rule 27.0 — Trusteeship
The party is solely responsible for providing changes to the email address used for assignment notices.
It is the sole responsibility of the party to provide any change of e-mail address to which assignment notices are sent.
Page 11 | Rule 7.0(A)
As soon as possible after discovering an error, the filing party should contact the Clerk with the case number and document number for the requested correction.
iv. As soon as possible, after the error has been discovered, the filing party should contact the Clerk of Court’s Office with the case number and document number for which the correction is being requested.
Page 18 | Correction of Docket Entries / Documents Filed in Error
Attorneys on the appointed counsel list must notify the Court of changes to their contact information or attorney status.
Attorneys on the appointed counsel list are required to notify the Court of any changes in contact information or attorney status.
Page 22 | Rule 14.1 — Appointed Counsel
An attorney seeking removal from the appointed counsel list must notify the Court Administrator in writing.
Attorneys desiring to be removed from the appointed counsel list shall notify the Court Administrator in writing.
Page 22 | Rule 14.1 — Appointed Counsel
Counsel and unrepresented parties must inform the Court of extraordinary circumstances that would make standard deadlines substantively unjust.
They are, also, to inform the Court of extraordinary circumstances which would cause the standard deadlines to work a substantive injustice to their clients or themselves.
Page 31 | Rule 31.0: Caseflow Management Plan
Anyone may examine public case records and may arrange to view them with the Clerk during business hours, subject to the Clerk’s reasonable regulations.
Any person may examine the PUBLIC records of any case filed in the Lima Municipal Court. Arrangements for the viewing of public records may be made with the Clerk of Court during business hours under the reasonable regulations developed by the Clerk to preserve the integrity of those documents and the orderly operation of the Clerk's Office.
Page 8 | Rule 5.0
Fax filers are urged to verify receipt with the Clerk using available technological means, including the Court’s website.
Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available, including checking the Court’s website.
Page 14 | TIME OF FILING