Lorain Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must be written, proof that a copy was served on opposing counsel must be filed, and the motion must be filed at least 14 days before trial.
- A continuance motion must state its grounds; a trial-date continuance is allowed only for qualifying good cause after due diligence and prompt notice efforts, and every continuance must be to a date certain.
- Except in forcible entry and detainer or replevin actions, an unprepared party may apply for one extension of up to 30 days without notice; counsel's filed consent is evidence of good cause only for that first leave.
- Further leave to move or plead requires court approval, an application, notice to the opposing party or counsel, and good cause; opposing counsel's consent alone is insufficient.
- +3 more
Request must include
Communication
Phone
Clerk
Phone
Document Format Requirements5 rules
The Journal Entry in all civ il cases shall be by separate instrument.
Documents must be submitted in PDF, TIFF, or DOC formats..
Foreign forms provided by the Court for proceedings in aid must be neatly and appropriately altered to show the garnishee the required mandate and order, or the Clerk will return them to counsel.
Court's wording
(A) When utilizing f oreign f orms prov ided by the Court f or purpose of Proceedings in Aid, unless the f oreign f orms are neatly and appropriately altered to indicate to the Garnishee the required mandate and order, said f oreign f orms will be returned to counsel by the Clerk with a copy of this Court rule.
Electronically filed pleadings and other documents requiring an attorney’s signature must use the specified slash-name format and the stated attorney-signature format.
Court's wording
A pleading or other document requiring an attorney's signature shall be signed in the following manner if filed electronically: "/(attorney name)/." The correct format for an attorney signature is as follows: (Signature) (Signature) attorney's name (typed) John Smith Ohio Supreme Court Number 895687456 Attorney for Attorney for Plaintiff (Plaintiff/Defendant) Telephone Number Phone (440) 123-4567 Facsimile Number Fax (440) 123-5678 Email Address Email johnsmith123456@gmail.com
e. If the filing party or attorney elects to file the document electronically the signatories shall be indicated as, e.g., /Jane Doe/, /John Smith/, etc.
Document Filing Requirements36 rules
Before you can e-file you must register by filling out one of the forms below and emailing it to the email address on the form.
(A) Ev ery f inal order made by a judge shall be ev idenced by a journal entry, which journal entry shall be signed by the Judge.
Counsel f or the party in whose f av or, or on whose request, any order, judgment or decree is rendered, shall at request of the Judge, within three (3) day s thereaf ter, unless the time be extended by the Judge, prepare the Journal Entry and submit it to counsel f or the opposite party or parties, if any,
(F) Suf f icient additional copies of all pleadings must be f iled with the Clerk's Of f ice to secure adequate cov erage of all necessary parties.
(G) All requests shall be in writing or by written precipe signed by the requesting party in interest or their Attorney.
(N) All motions shall be accompanied by a brief or memorandum of authorities in support of said motion. In def ault thereof , such motions may be stricken f rom the f iles.
In an action on an account, the account must identify the charged party and show a beginning balance, listed and identifiable charges or credits, and a summary that permits calculation of the amount due.
Court's wording
(K) In the action on an account, the account must show the name of the party charged and contain the f ollowing: 1. A beginning balance (zero, or a sum that can qualif y as an account stated, or some other prov able sum). 2. Listed items (or an item, dated and identif iable by number or otherwise, representing charges, of debits and credits). 3. Summarization by means of a running or dev eloping balance, or an arrangement of beginning balance and items which permits the calculation of the amount claimed to be due.
(I) Where an assignment is part of a case and is expected to be of f ered in ev idence, a true copy of the entire assignment in unconditional f orm shall be attached to the complaint.
(O) Motions to adv ance cases out of numerical order must be accompanied by af f idav it showing meritorious grounds f or such adv ancement.
(H) Attorney s must subscribe legibly all pleadings, entries and motions or in the alternativ e print the spelling of their name beneath the signature. The address, telephone number, and Supreme Court Number of the respectiv e trial counsel shall be placed on the pleading of the f irst instance.
(C) Any motion or exception to be heard upon ev idence shall so state and shall be accompanied by requisite af f idav its.
(E) Objections o interrogatories. Objection to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in f ull to which objection is made.
(A) Counsel f iling any motion or exception shall f ile therewith a memorandum containing a short, concise statement of the points relied upon and the authorities supporting such contentions
Each party opposing the motion may serv e and f ile within f ourteen (14) day s af ter f iling of the motion, a brief written statement of reasons in opposition to the motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of f acts not appearing of record, he shall also serv e and f ile copies of all af f idav its, depositions, photographs or documentary ev idence he desires to present in opposition of the motion.
The moving party must serve and file a written statement of reasons and supporting authorities with the motion, and must also serve and file copies of any desired evidence concerning facts not appearing of record.
Court's wording
(B) The mov ing party shall serv e and f ile with his motion a brief written statement of reasons in support of the motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of f acts not appearing of record, he shall also serv e and f ile copies of all af f idav its, depositions, photographs or documentary ev idence he desires to present in support of the motion.
(F) All pleadings and brief s containing ref erences to statutes or regulations shall hav e attached thereto a copy of the statute or regulation.
When ordered by the court, counsel must prepare a proper journal entry and submit it to opposing counsel, unless the court extends the time.
Court's wording
(A) When ordered or directed by he court, counsel f or the party in whose f av or an entry, order, judgment or decree is entered in civ il cause shall, within ten (10) day s thereaf ter unless the time be extended by the court, prepare a proper journal entry and submit same to counsel f or the opposite party who shall approv e or reject the same within three (3) day s af ter its receipt by him and may, in case of rejection, f ile objections thereto in writing with the court.
Proposed findings must be submitted to the court with any written objections and counterproposals within ten days after opposing counsel receives them.
Court's wording
Within ten (10) day s af ter its receipt by opposing counsel, the proposed f indings shall be submitted to the Court with objections and counter proposals, if any, in writing; howev er, only those f indings of f act and conclusions of law made by the Court shall f orm part of the record.
When a request f or f inding of f act and conclusion of law is made, the judge shall direct the party making the written request to prepare, within f iv e (5) day s, proposed f inding of f act and conclusion of law and submit them to opposing counsel.
(E) Settlements Prior to Trial: If a case set f or trial is settled, the trial counsel shall immediately notif y the court and thereaf ter, as prov ided by these rules, f ile a stipulation of dismissal or other proper entry.
All cases shall be tried by the court unless a jury trial has been demanded in writing pursuant to the appropriate statutes and Rules of Civ il and Criminal Procedure.
An order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approv ed by the Judge.
The applicant shall f urnish a notice of appointment f or each creditor showing the amount owed said creditor and the amount of the total indebtedness, together with addressed, stamped env elope.
A trusteeship application must include a complete sworn statement of the specified creditor, earnings, household, and demand information.
Court's wording
An application by a debtor f or a trusteeship under Section 2329.70 of the Ohio Rev ised Code (http://orc.av v.com/title-23/home.htm)must contain a f ull and complete statement, under oath, setting f orth: 1. The names of the secured and unsecured creditors with the liquidated claims, their complete address, account numbers and amount due and owing to each. If account is being administered by someone other than the creditor list their name and complete address. 2. The disposable amount of money earned in a thirty (30) day period by the applicant, as set f orth in Section 2329.62 of the Ohio Rev ised Code (http://orc.av v.com/title-23/home.htm), the usual day or day s applicant receiv es his pay, his place of residence, the number of dependents, their ages and relation to the applicant. 3. The name of the person who made a demand upon him or her in accordance with Section 1911.40 of the Ohio Rev ised Code (http://orc.av v.com/title-23/home.htm) and date of such demand.
Upon written notification of a pending bankruptcy and its case number, the prescribed journal entry must be made to reflect the automatic stay.
Court's wording
Upon written notif ication to the Court of any pending bankruptcy proceeding and the bankruptcy case number ef f ecting any litigant in this Court, there shall be a journal entry as f ollows: "Def endant hav ing f iled a Petition in the U. S. Bankruptcy Court, The Bankruptcy Act establishes an automatic stay of proceedings against the debtor, in 11 U.S.C. 362(a). It is hereby ordered that the commencement or continuation of any action to obtain or enf orce any judgment against the Def endant/Debtor or his property is hereby stay ed until the bankruptcy case is closed, dismissed, or a discharge granted or denied, or until; Def endant/Debtor's property is no longer property of the bankruptcy estate or until the Bankruptcy Court grants relief f rom its stay. Clerk to send copy to counsel of record.
Counsel remains responsible for hearings unless a withdrawal entry is timely filed and approved; the entry must state assigned hearing information and indicate service on the client and opposing counsel.
Court's wording
An Attorney, hav ing entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to notices or calls thereof , unless a court entry of withdrawal is timely f iled and approv ed by the Judge of the Court. If the subject case and time has been assigned f or hearings, that f act and the hearing date shall be set f orth in the entry. Proof of serv ice on the client and opposing counsel shall be indicated on such entry when submitted to the court.
The electronically produced ticket shall conform in all substantive respects to the "Ohio Uniform Traffic Ticket" set forth in the Ohio Traffic Rules' Appendix of Forms.
In every case in w hich an electronically produced ticket is used and filed, the ticket shall use forms that are substantially similar to Form 29.01-A (Court Record) and Form 29.01-B (Abstract).
All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or, by a party not represented by an attorney.
b. 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.
- Document
- Proposed journal entry
Must include
- •Case number
Before filing a document with multiple signatures, the filer must confirm that all required signatories accept its content and indicate their agreement in the document.
Court's wording
d. For documents containing multiple signatures, such as stipulations or documents requiring two or more signatures, the following procedure applies: (1) The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document. (2) The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.
Do not fill out the Attorney Registration form if you are not an attorney.
The trustee is hereby authorized to require proof of disposable earnings and eligibility f or exemption of pay ment by af f idav it or otherwise and at such times as he shall deem necessary.
Upon receipt of a properly executed and signed User Agreement Form, the Clerk of Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing document.
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. A moving party, at the time of filing a motion, may submit with that motion a proposed journal entry granting the motion and setting forth the requested relief.
Filing & Service rules
Electronic Filing Rules
No person may use or permit another person to use someone else’s password for electronic filing.
f. No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 13 | Ohio Local Rule 37 (continued), B. Electronic Filing Policy, 3. Accepted Filings
An attorney may authorize only an employee or a retained electronic-filing service provider to file electronically on the attorney’s behalf.
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 13 | Ohio Local Rule 37 (continued), B. Electronic Filing Policy, 3. Accepted Filings
The Clerk does not retain rejected documents, and the submitting party must correct them until accepted.
g. The Clerk of Court shall not retain the rejected documents. Rejected documents must be corrected by the submitting party until they are accepted.
Page 15 | OHIO LOCAL RULE 37 (continued)
An electronically filed document is accepted as the original filing if the filer complies with the Local Rule.
a. A document electronically filed shall be accepted as the original filing, consistent with Ohio Civil Rule 5(E) and Criminal Rule 12(B) if the person filing electronically complies with all of the requirements set forth in this Local Rule.
Page 16 | Disposition and Maintenance of Source Documents
An e-filer need not submit a hard copy but must retain the source document, make it available on request, and keep it through final disposition and any applicable appeal period.
b. The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records, 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. c. 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 16 | Disposition and Maintenance of Source Documents
If a non-attorney’s signature is required on an original document, the filing party or Clerk’s Office must scan and electronically file it.
If an original document requires a signature of a non-attorney, the filing party or the Clerk's Office shall scan the original document and, then electronically file it on the System.
Page 17 | Ohio Local Rule 37 (continued), 13. Signatures
Attachments and exhibits must be filed electronically, except those over 30 megabytes, which must be submitted in hard copy.
12. Attachments and Exhibits a. Attachments and exhibits are to be filed electronically. b. Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 17 | Ohio Local Rule 37 (continued), 12. Attachments and Exhibits
A party seeking to file a non-redacted document under seal must electronically file a motion to seal.
(1) The party seeking to file a non-redacted document shall electronically file a motion to file the document under seal.
Page 19 | Rule 37, 15. Privacy
A filer unable to file electronically because of problems on the filer's end must file a hard copy with the Clerk of Court.
c. A filer who cannot file a document electronically due to problems on the filer's end, must file a hard copy of the document with the Clerk of Court.
Page 20 | Rule 37, 16. Technical Failures
Third-party electronic-filing providers are not acceptable except as allowed under subsection B(3).
Third party electronic filing providers are not acceptable except as otherwise provided in (B)(3) of this local rule.
Page 13 | Ohio Local Rule 37 (continued), Note
Anyone who chooses to e-file bears the risk of electronic delays, disruptions, interruptions, or readability problems that may prevent proper filing.
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 the Clerk of Court as a result.
Page 15 | OHIO LOCAL RULE 37 (continued)
c. If a document has been filed in error, the filing party should not attempt to re-file the document.
c. If a document has been filed in error, the filing party should not attempt to re-file the document.
Page 20 | Rule 37, 17. Correction of Docket Entries / Documents Filed in Error
After an electronic filing is accepted and becomes part of the docket, only the Clerk's Office may correct the docket, and the filing party cannot change the document or docket entry.
a. 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. b. 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 20 | Rule 37, 17. Correction of Docket Entries / Documents Filed in Error
The Clerk may deny eFiling use for habitual nonconformance or uncorrected equipment incompatibility.
The Clerk of Court reserves the right to deny any party, firm, PRESIDING JUDGE or agency the use of eFiling due to habitual nonconformance of these rules and/or equipment incompatibility issues that are LINDA WEBBER, MAGISTRATE not corrected.
Page 21 | LOCAL RULE 37 (continued)
Registered parties may electronically file documents on existing cases or file a new civil case.
The Lorain Municipal Court is now accepting E-Filings. Registered parties can e-file documents on existing cases or file a new civil case.
Page 1 | E-Filings
Complaints, pleadings, and other documents may be filed electronically over the Internet, subject to the local rule.
complaints, pleadings and other documents may be filed with the Clerk of Court electronically via the Internet, subject to the provisions in this rule.
Page 13 | Ohio Local Rule 37 (continued), B. Electronic Filing Policy
Filing Timing and Cure Windows
If the journal entry is rejected, rejecting counsel must prepare an entry within 24 hours after rejection.
If rejected, counsel so rejecting shall, within twenty -f our (24) hours af ter rejection, prepare an Entry.
Page 2 | Rule No. 5 - Journal Entries
Opposing counsel must approve or reject the journal entry within 24 hours after it is presented.
who shall approv e or reject it within twenty -f our (24) hours af ter such presentation.
Page 2 | Rule No. 5 - Journal Entries
Both entries must be presented to the judge forthwith.
Both Entries shall be presented to the Judge f orthwith.
Page 2 | Rule No. 5 - Journal Entries
At the judge’s request, counsel must prepare the journal entry within three days, unless the judge extends the time.
Counsel f or the party in whose f av or, or on whose request, any order, judgment or decree is rendered, shall at request of the Judge, within three (3) day s thereaf ter, unless the time be extended by the Judge, prepare the Journal Entry
Page 2 | Rule No. 5 - Journal Entries
Unless the court extends the time, a motion directed to a pleading must be filed within the time allowed for a responsive pleading under the Rules of Civil Procedure.
(B) Unless the time be extended by the court, a motion directed to any pleading shall be f iled within the time allowed by the Rules of Civ il Procedure f or a responsiv e pleading.
Page 4 | Rule No. 10 - Briefs Other Than Trial Briefs
Counsel must prepare and submit the journal entry within ten days after the court's direction, unless the court extends the time.
(A) When ordered or directed by he court, counsel f or the party in whose f av or an entry, order, judgment or decree is entered in civ il cause shall, within ten (10) day s thereaf ter unless the time be extended by the court, prepare a proper journal entry and submit same to counsel f or the opposite party who shall approv e or reject the same within three (3) day s af ter its receipt by him and may, in case of rejection, f ile objections thereto in writing with the court.
Page 5 | Rule No. 14 - Journal Entries
AMENDMENT Upon motion of a party within ten (10) day s af ter the f iling of the f indings, the Court may amend the f indings, make additional f indings and may amend the judgment accordingly. The motion may be made with a motion f or new trial.
AMENDMENT Upon motion of a party within ten (10) day s af ter the f iling of the f indings, the Court may amend the f indings, make additional f indings and may amend the judgment accordingly. The motion may be made with a motion f or new trial.
Page 5 | Rule No. 14 - Journal Entries
The Ohio Civil Rule 58 judgment entry must be journalized within thirty days of the verdict, decree, or decision; if counsel does not prepare and present it, the court will do so.
The judgment entry specif ied in Ohio Civ il Rule 58 shall be journalized within thirty (30) day s of the v erdict, decree or decision. If such entry is not prepared and presented f or journalization by counsel, then it shall be prepared and journalized by the court.
Page 5 | Rule No. 14 - Journal Entries
Proposed findings must be submitted to the court within ten days after opposing counsel receives them, with any objections and counterproposals in writing.
Within ten (10) day s af ter its receipt by opposing counsel, the proposed f indings shall be submitted to the Court with objections and counter proposals, if any, in writing; howev er, only those f indings of f act and conclusions of law made by the Court shall f orm part of the record.
Page 5 | Rule No. 14 - Journal Entries
The requesting party must prepare and submit proposed findings to opposing counsel within five days.
When a request f or f inding of f act and conclusion of law is made, the judge shall direct the party making the written request to prepare, within f iv e (5) day s, proposed f inding of f act and conclusion of law and submit them to opposing counsel.
Page 5 | Rule No. 14 - Journal Entries
Unless a motion to the contrary is filed, the pending action will be dismissed after 180 days.
Unless motion to the contrary is f iled, the pending action will be dismissed af ter one hundred eighty (180) day s.
Page 10 | Rule No. 25 - Automatic Bankruptcy Stay
A creditor must answer within ten days after the trustee mails the notice or be included in the Trusteeship for the stated amount.
Notice to be mailed by the trustee with notice f or the creditor to answer within ten (10) day s of mailing, or they will be included in the Trusteeship in the amount stated.
Page 10 | Rule No. 24 - Trusteeships
A new complaint's effective filing date and time is the timestamp when the electronic filing is received and uploaded to the Clerk of Court.
Effective Date and Time of Filing of a New Complaint - means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.
Page 12 | Rule No. 37: EILING BY ELECTRONIC TRANSMISSION (eFILING)
A motion's effective filing date and time is the timestamp when the electronic filing is received and uploaded to the Clerk of Court.
Effective Date and Time of Filing of a Motion - means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.
Page 12 | Rule No. 37: EILING BY ELECTRONIC TRANSMISSION (eFILING)
A document is timely if filed before 11:59 p.m. Eastern Standard Time on its due date, unless the assigned judge orders a different time or date.
A document will be deemed timely when filed prior to 11:59 p.m. the evening of the due date, unless the assigned judge has ordered the document filed by a different time /date. Time at the Court (Eastern Standard) governs, rather than the time zone from which the filing is made.
Page 14 | Ohio Local Rule 37 (continued), 1. Hours of Operation
A filer seeking relation back for a correction to a technically rejected document must file a motion for relief.
f. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the filer must file a motion with the Court seeking relief.
Page 15 | OHIO LOCAL RULE 37 (continued)
A rejected filing resubmitted by email within 24 hours after the rejection email is sent retains its original filing date, time, and confirmation number.
c. A rejected filing may be resubmitted to the Clerk of Court in order to retain the original date and time of filing. d. Rejected filings which are resubmitted via electronic mail must be received by the Clerk of Court within twenty-four (24) hours of the time that the rejection electronic mail message was sent by the Clerk of Court in order to retain the original date and time of filing and confirmation number.
Page 15 | OHIO LOCAL RULE 37 (continued)
A corrective filing sent after the 24-hour period is treated as a new filing, and the prior confirmation number expires.
e. A corrective filing may, however, be sent at a later time if the filer elects to do so, but after the twenty-four (24) hour period expires, this filing will be considered a new filing and the prior confirmation number will have expired.
Page 15 | OHIO LOCAL RULE 37 (continued)
An electronically file-stamped document cannot be altered after it is accepted into the system.
d. After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.
Page 16 | Electronic File Stamping
A non-filing signatory or party disputing the authenticity of a multiple-signature electronic filing or its signatures must object within ten days after receiving the electronic-filing notice.
(1) A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten days of receiving the notice of electronic filing.
Page 18 | Ohio Local Rule 37 (continued), 13. Signatures
An attorney or party challenging the authenticity of an electronically filed document or its signature must file an objection within ten days after receiving the electronic-filing notice.
Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.
Page 18 | Ohio Local Rule 37 (continued), 13. Signatures
In a nonjury case, any party may request separate findings of law and fact before the court announces its decision.
(C) In any case not tried to a jury, any party may request a separate f inding of law and f act any time bef ore the decision of the Court is announced.
Page 2 | Rule No. 5 - Journal Entries
The Clerk receives electronic documents 24 hours a day, seven days a week, except during a City of Lorain network outage.
The Clerk of Court shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk's office is actually open except in the event of a network outage at the City of Lorain.
Page 14 | Ohio Local Rule 37 (continued), 1. Hours of Operation
The Clerk's Office may deem the website to have a technical failure if it cannot accept filings for more than one hour after 10:00 a.m., and known outages will be posted online if possible.
16. Technical Failures E-MAIL ADDRESS a. 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 over the course of any period of time greater than one hour after 10:00 a.m. that day. b. Known system outages will be posted on the website, if possible.
Page 19 | Rule 37, 16. Technical Failures
A filing party whose filing is untimely because of a Court-system failure or problems on the filer's end may seek appropriate relief from the Court.
d. A filing party whose filing is made untimely as a result of a technical failure of the Court's system or site, or as LINDA WEBBER, a result of the problems on the filer's end, may seek MAGISTRATE appropriate relief from the Court.
Page 20 | Rule 37, 16. Technical Failures
The filer receives a confirmation number when the complete filing reaches the Clerk’s receiving device, and the number and filing date and time are displayed after successful transmission.
A confirmation number will be assigned to each filing when it is received in its entirety by the Clerk of Court's receiving device. b. The confirmation number and the date and time of the filing will be displayed on the screen of the filer's computer upon successful transmission of the filing.
Page 14 | Ohio Local Rule 37 (continued), 5. Filing Acceptance or Rejection Cycle
Accepted electronically filed documents receive an acknowledgment showing the confirmation date and time.
All accepted electronically filed documents shall receive a confirmation date and time acknowledgement.
Page 14 | Ohio Local Rule 37 (continued), 1. Hours of Operation
After the Clerk successfully accepts an electronic filing, it is file stamped with the submission date, acceptance date and time, and assigned case number.
a. Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically file stamped. b. This stamp will include the date the e-filing was submitted, the date and time that the Clerk of Courts accepted the e-filing, and the case number of the filing that is assigned.
Page 16 | Electronic File Stamping
Service and Proof of Service Rules
In attachment and garnishment proceedings, serve a true copy of the affidavit with the summons and attachment or garnishment order.
(J) In attachment and garnishment proceedings, a true copy of the af f idav it shall be serv ed with the summons and order of attachment and garnishment.
Page 3 | Rule No. 8 - Pleadings and Motions
A motion or pleading filed after the complaint must include signed and dated proof of service, and the copy served on the opposing party or attorney must also be signed and dated.
(M) The f iling of a Motion or Pleading subsequent to the complaint shall be accompanied by proof of serv ice signed and dated. The copy serv ed upon the opposite party or his attorney shall be signed and dated.
Page 3 | Rule No. 8 - Pleadings and Motions
Copies of the answer brief or memorandum must be furnished and delivered as paragraph (A) requires.
Copies thereof , shall be f urnished and deliv ered as prov ided in paragraph (A) of this rule.
Page 4 | Rule No. 10 - Briefs Other Than Trial Briefs
A true copy of the memorandum must be served forthwith on each opposing counsel and each unrepresented party.
and a true copy of it shall be serv ed f orthwith upon each opposing counsel and each party not represented by counsel.
Page 4 | Rule No. 10 - Briefs Other Than Trial Briefs
All counsel of record must receive notice of the pretrial conference by mail and/or telephone at least fourteen days beforehand.
(B) Notice of the pretrial conf erence shall be giv en to all counsel of record by mail and/or telephone not less than f ourteen (14) day s prior to the conf erence.
Page 6 | Rule No. 16 - Pretrial Procedure
Proceedings in aid will be returned unless a certified return receipt or properly completed and stamped certificate of mailing is received with a copy of the 15-day demand and a $1.00 draft payable to the garnishee.
(D) Unless a certif ied return receipt, United States Post Of f ice f orm PS 3811 is receiv ed, or a properly completed and stamped certif icate of mailing is receiv ed, together with a copy of the f if teen (15) day demand and a draf t f or $1.00 pay able to the Garnishee, the Proceedings in Aid shall be returned to the party f iling the same.
Page 8 | Rule No. 21 - Proceedings in Aid
The Clerk must send a copy of the bankruptcy-stay journal entry to counsel of record.
Clerk to send copy to counsel of record.
Page 10 | Rule No. 25 - Automatic Bankruptcy Stay
The trustee must mail the creditor notice that an answer is due within ten days of mailing or the creditor will be included for the stated amount.
Notice to be mailed by the trustee with notice f or the creditor to answer within ten (10) day s of mailing, or they will be included in the Trusteeship in the amount stated.
Page 10 | Rule No. 24 - Trusteeships
When a forcible entry and detainer entry causes a defendant to be removed from their residence, the Clerk may provide sufficient service and notice by mailing the hearing date by regular mail to the defendant's last known address, even if the defendant no longer lives there.
In the ev ent a f orcible entry and detainer entry is issued causing the def endant to be remov ed f rom their residence, it will be deemed suf f icient serv ice and adequate notice f or the Clerk to mail, by regular mail to the def endant, date of hearing to last known address not withstanding the f act that said litigant does not reside at that address.
Page 11 | Rule No. 26 - Notification Prior to Default Judgment for Appearing Parties
When an electronically produced ticket is issued at the scene, the issuing officer must serve the defendant with the defendant's paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant w ith the defendant's paper copy of the ticket as required by Rule 3 (E) of the Ohio Traffic Rules.
Page 11 | Rule No. 31 - Use of electronically produced ticket
After appearing, a party must provide an email address, and subsequent service must be electronic where possible.
Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronically, where possible.
Page 17 | Ohio Local Rule 37 (continued)
Documents filed electronically must be served in accordance with the applicable Ohio civil or criminal service rule.
Documents filed electronically with the Clerk of Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.
Page 17 | Ohio Local Rule 37 (continued)
If no settlement is reached at the pretrial conference, the judge may assign another pretrial date or a firm trial date by journal entry and must give a copy to each attorney and unrepresented party; delivery is sufficient notice.
(C) Further Assignments: At the pre-trial conf erence, if no settlement has been reached, the judge may, by journal entry, assign f urther a pre-trial date or a f irm trial date and shall giv e a copy of the entry to each attorney and party without counsel. Deliv ery of such copy shall constitute suf f icient notice so that f urther notice under local Rule 8 (#Rule8) shall be unnecessary.
Page 7 | Rule No. 19 - Discovery
A creditor omitted from a trusteeship may be added on motion to the Court, with notice to the other party.
If a debtor f ails, through mistake or otherwise, to list a creditor, said creditor or debtor, upon motion to the Court, with notice to the other party, may be listed in the trusteeship.
Page 10 | Rule No. 24 - Trusteeships
Filing Fees and Waivers
A party demanding a jury trial in a civil case must promptly deposit an amount set by the clerk as security for costs, with a minimum deposit of $350; juror costs and fees are taxed as court costs.
(C) When a jury trial in a civ il case is demanded, the party demanding same shall be f orthwith required to make an adv ance deposit as security f or costs in such sum as the Clerk determines to be reasonable. The cost of summoning jurors and the f ees of jurors shall be apportioned to the respectiv e proceeding and shall be taxed as part of the Court costs. The minimum deposit f or jury trial shall be $350.00.
Page 2 | Rule No. 7 - Fees and Costs
The required filing fee must be deposited before an action or proceeding is accepted for filing, but security for costs is waived if indigency is established.
(A) No action or proceeding shall be accepted f or f iling by the Clerk of this Court unless there f irst shall be deposited the f iling f ee required by the Court in its latest rev ised schedule of costs, except that upon a representation of indigency, the Clerk shall inv estigate the accuracy of such presentation and upon f inding that such indigency does exist, the security f or costs shall be waiv ed.
Page 2 | Rule No. 7 - Fees and Costs
A civil jury-trial demand must be accompanied by a $350 deposit, subject to statutes regarding indigents.
In all civ il cases said demand shall be accompanied by a deposit of $350.00 f or all cases. This rule shall be subject to the Statutes regarding indigents.
Page 7 | Rule No. 18 - Jury Trials
Normal filing fees and case deposits are collected by user credit card when the filing is processed.
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.
Page 14 | Ohio Local Rule 37 (continued), 3. Fees
Online and phone payments incur a fee equal to 7% or $4.99, whichever is greater.
Online and phone payments have a fee of 7% or $4.99, whichever is more.
Page 1 | MAKE A PAYMENT
Deposits and advance payments of fees and costs may be returned only by court order and only if paid by the party against whom they were assessed.
(B) Deposits and adv ance pay ments of f ees and costs shall be returned only by order of the Court and only when the same hav e been paid by the party against whom they are assessed by the Court.
Page 2 | Rule No. 7 - Fees and Costs
Personal checks are not accepted for payment.
No personal checks will be accepted.
Page 14 | Ohio Local Rule 37 (continued), 3. Fees
The Clerk may assess a credit-card surcharge in an amount the Clerk determines.
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.
Page 14 | Ohio Local Rule 37 (continued), 3. Fees
The Court does not maintain electronic billing or debit accounts for lawyers or law firms.
The Court will not maintain electronic billing or debit accounts for lawyers or law firms.
Page 14 | Ohio Local Rule 37 (continued), 3. Fees
Sealing & Redaction Procedures
With the Court's permission, a party may file a document containing non-redacted personal identifiers under seal, and the judge may require a redacted public copy.
b. With permission of the Court, a party may file, under seal, a document containing the non-redacted personal data identifiers listed above. (1) The party seeking to file a non-redacted document shall electronically file a motion to file the document under seal. (2) In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.
Page 19 | Rule 37, 15. Privacy
Filing parties must omit or partially redact the listed personal identifiers and proprietary or trade-secret information unless the assigned judge orders otherwise.
a. Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers except for the last four digits; • Financial account numbers, including but not limited to debit card, charge card, and credit card numbers; • Employer and Employee identification numbers; • A juvenile's name in an abuse, neglect, or dependency case, except for the juvenile's initials or a generic abbreviation such as "CV: for "child victim"; Proprietary or trade secret information.
Page 19 | Rule 37, 15. Privacy
Pre-Motion Conference Requirements
Opposing counsel shall hav e sev en (7) day s to f ile an Answer Brief .
Opposing counsel shall hav e sev en (7) day s to f ile an Answer Brief .
Page 3 | Rule No. 8 - Pleadings and Motions
A pretrial conference is required in contested civil cases before trial is scheduled, but the assigned judge may waive the pretrial requirements for good cause.
A pretrial conf erence shall be conducted in all contested civ il cases prior to being scheduled f or trial. In addition, the judge assigned the case may f or good cause shown waiv e the pretrial requirements stated herein.
Page 6 | Rule No. 16 - Pretrial Procedure
A party opposing a motion may serve and file a written statement of opposition and supporting authorities within 14 days after the motion is filed.
(C) Each party opposing the motion may serv e and f ile within f ourteen (14) day s af ter f iling of the motion, a brief written statement of reasons in opposition to the motion with supporting citations of the authorities on which he relies.
Page 4 | Rule No. 11 - Hearing and Submission of Motions: Objections to Interrogatories
Opposing counsel may file an answer brief or similar memorandum within 14 days after receiving a copy of the motion or exception.
(D) Opposing counsel may, within f ourteen (14) day s af ter receiv ing a copy of such motion or exception, f ile an answer brief or memorandum of like character.
Page 4 | Rule No. 10 - Briefs Other Than Trial Briefs
A reply or additional brief may be filed only with court leave and a showing that it is necessary.
(D) Reply or additional brief s upon motions and submissions may be f iled with leav e of the court only upon showing of the necessity thereof .
Page 4 | Rule No. 11 - Hearing and Submission of Motions: Objections to Interrogatories
Upon motion, the judge may order an erroneously filed document, including one filed in the wrong case or corrupt or unreadable, stricken from the record.
f. If a document is filed in error (e.g., a document is filed on the wrong case or the electronic file is corrupt or unreadable), upon motion, the judge may order the document stricken from the record.
Page 20 | Rule 37, 17. Correction of Docket Entries / Documents Filed in Error
Motions generally are submitted and decided on the motion papers; oral argument is permitted upon written request with a proper showing or upon the parties' mutual written request.
(A) Motions, in general, shall be submitted and determined upon the motion papers hereinaf ter ref erred to. Oral arguments of motions will be permitted on written request and proper showing, or by mutual written request of the parties.
Page 4 | Rule No. 11 - Hearing and Submission of Motions: Objections to Interrogatories
Adjournment & Extension Requirements
A continuance motion must be written, proof that a copy was served on opposing counsel must be filed, and the motion must be filed at least 14 days before trial.
(P) All motions f or continuance shall be made in writing and proof of serv ice upon opposing counsel of a copy of such motion shall be f iled not less than fourteen(14) days before trial date.
Page 3 | Rule No. 8 - Pleadings and Motions
A continuance motion must state its grounds; a trial-date continuance is allowed only for qualifying good cause after due diligence and prompt notice efforts, and every continuance must be to a date certain.
(Q) The grounds f or continuance must be stated in such motion. Such motion may be set f or hearing bef ore the trial date and the Court shall giv e opposing counsel notice of the time of such hearing. No case will be continued on the trial date, except f or good cause shown, which was not known to counsel prior to the date of trial and prov ided counsel had used due diligence to be ready f or trial and has notif ied and made diligent ef f ort to notif y his opponent as soon as he became aware of his necessity to ask f or a continuance. All continuances shall be to a date certain.
Page 3 | Rule No. 8 - Pleadings and Motions
Further leave to move or plead requires court approval, an application, notice to the opposing party or counsel, and good cause; opposing counsel's consent alone is insufficient.
Any leav e to mov e or plead thereaf ter may be had only with approv al of the Court and upon application to the Court, with notice to the opposite party or counsel, and f or good cause shown, consent of opposing party or counsel shall not in and of itself constitute good cause.
Page 4 | Rule No. 9 - Leaves To Move or Plead
An application to continue the pretrial conference must be addressed to the judge assigned to the case.
Any application f or continuance of the conf erence shall be addressed the judge to whom the case has been assigned.
Page 6 | Rule No. 16 - Pretrial Procedure
A request to continue a trial must be made by written motion complying with the Civil Rules, and only the assigned judge may grant it.
(B) Requests f or Continuances: All requests f or the continuance of a trial must be by written motion which complies with the Civ il Rules. Continuances shall be granted only by the judge to whom the case is assigned.
Page 7 | Rule No. 20 - Continuances in Civil and Criminal Cases
Except in forcible entry and detainer or replevin actions, an unprepared party may apply for one extension of up to 30 days without notice; counsel's filed consent is evidence of good cause only for that first leave.
(A) Except in actions f or f orcible entry and detainer or in replev in, when a party in any case is not prepared to mov e or plead by answer day ONE extension of time may be had upon application to the Court and without notice f or a period of not exceeding thirty (30) day s. Consent of counsel may be f iled as a journal entry in the case and shall be ev idence of "good cause shown" f or the f irst leav e only.
Page 4 | Rule No. 9 - Leaves To Move or Plead
Continuances in civil and criminal cases must comply with the Superintendence Rules.
(A) Continuances of Civ il and Criminal cases shall be in accordance withSuperintendence Rules. (http://www.sconet.state.oh.us/pdf /Rules/SUPER.pdf )
Page 7 | Rule No. 20 - Continuances in Civil and Criminal Cases
Chambers Communication Rules
If a case set for trial settles, trial counsel must immediately notify the court.
(E) Settlements Prior to Trial: If a case set f or trial is settled, the trial counsel shall immediately notif y the court and thereaf ter, as prov ided by these rules, f ile a stipulation of dismissal or other proper entry.
Page 7 | Rule No. 20 - Continuances in Civil and Criminal Cases
To arrange a jail bond appointment, call the listed number between 8:30 a.m. and 4:30 p.m.; after-hours bonding is through a bondsperson registered with the Clerk of Court’s Office.
If anyone wishes to bond an individual out of jail they can call (440) 204-2840 between 8:30 am and 4:30 pm to schedule an appointment or for after-hours bonding through any bondsperson that has previously registered with the Clerk of Court’s Office.
Page 1 | Bond Schedule
If your name appears on the unclaimed funds list, call the listed number.
Follow the link below to see if you have any unclaimed funds from the Lorain Municipal Court. If your name is on the list call 440-204-2140
Page 1 | Lorain Municipal Court
No person (except a judge of the court) without counsel of the Clerk of Courts shall remov e any court papers, f iles of the court or parts thereof f rom custody of the Clerk.
No person (except a judge of the court) without counsel of the Clerk of Courts shall remov e any court papers, f iles of the court or parts thereof f rom custody of the Clerk.
Page 5 | Rule No. 15 - Court Files and Papers
As soon as possible after discovering an error, the filing party should contact the Clerk's Office and provide the case number and document number for the requested correction.
d. 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 20 | Rule 37, 17. Correction of Docket Entries / Documents Filed in Error
Traffic offenders may waive tickets by phone or online.
Traffic offenders will still have the option to waive their tickets by calling 440-204-2140 or online at www.lorainpayments.com.
Page 1 | Bond Schedule
People with civil cases or intending to file one may contact the Clerk of Courts at the listed number and option.
Individuals with Civil cases or those intending to file a Civil case can inquire with the Clerk of Courts at (440) 204-2140 OPTION 2.
Page 1 | Civil Cases