Lyndhurst Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Except in forcible-entry-and-detainer or replevin actions, an unprepared party may apply without notice for one extension of up to 30 days to move or plead on the answer day.
- Counsel’s consent may be filed as a journal entry and is evidence of good cause for the extension.
- A continuance request must be a written motion stating the reason; each party gets one timely request, due within 10 days after the case is set, with a conflicting court notice attached when based on a scheduling conflict; the first-set trial and criminal trials receive the stated priorities.
Request must include
- Further extensions require a Court-approved application, notice to the opposing side, and good cause; opposing-side consent alone is insufficient, and the application must be filed at least one day before the due date.
- Any request for a continuance shall be in writing. Such request may be faxed but no later than forty-eight (48) hours prior to the pre-trial. A request for a continuance shall not be considered granted until the Court formally rules on the request.
- A criminal continuance motion must be filed at least 48 hours before the hearing and may be e-filed or faxed, but is not granted until the Court rules.
Document Format Requirements4 rules
Affidavits and orders in aid of execution proceedings shall be typed and sufficient copies of the affidavit and order shall be furnished for service upon the garnishee and such defendants as are required to be served.
All pleadings and motions shall be legibly typewritten or printed on 8 1/2 “by 11” paper.
- Paper size
- Letter
- Pleading
- Motion
Formatting
- •Must be legibly typewritten or printed
Documents submitted must be in a digitized format specified by an administrative order of the presiding judge.
Any party relying upon video or audio evidence must submit a copy of the video or audio to the Court on a flash drive. All parties are required to bring copies of any evidence that will be submitted to the Court. Court employees will not make copies of a party’s evidence.
Document Filing Requirements28 rules
In a traffic-camera case, the Plaintiff must provide the Defendant the Court-prescribed rights form when mailing notice of the ticket.
Court's wording
The Plaintiff shall provide each Defendant with a form, prescribed by the Court and which sets forth the rights of the Defendant, at the time notice of the ticket is mailed to the Defendant by the Plaintiff as required in the ORC.
The order in aid of execution shall provide for the attendance of the parties named therein on a date not less than ten (10) days from the date of such order.
Each exhibit to a facsimile produced document that cannot be accurately transmitted must be replaced by an insert page describing the exhibit and why it is missing.
The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled.
Default submissions require proof of no later account payments or credits for account cases and proof of damages otherwise; uncertified documents alone are insufficient, damages affidavits must be based on personal knowledge and not sworn by moving counsel, and a damages-and-credits listing is encouraged when there are multiple damages.
Court's wording
For cases based upon an account, the plaintiff is required to show that there have been no subsequent payments or credits on the account. For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Court by testimony or affidavit. Uncertified documents, not accompanied by an affidavit or testimony, may not be considered as proof of damages. The affidavit must be executed by a person with personal knowledge of the contents of the affidavit. An attorney for the moving party may not be the affiant for an affidavit for proof of damages. If there are multiple damages, a listing of all damages and credits, if any, should be filed with the Court to expedite the default proceeding, either as part of the motion for default, as an exhibit or by separate document.
Briefs in opposition shall contain citations and legal arguments.
All motions shall be made in writing and accompanied by a written memorandum containing citations and argument by counsel. All motions must be filed in accordance with the Ohio Rules of Criminal Procedure.
In the event the demand for a jury trial is waived, such waiver must be in writing.
All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.
A separately filed missing exhibit must have the Rule 7.4 cover sheet and must be signed and served under the rules governing pleadings.
Court's wording
Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection 7.4 of this rule, and shall be signed and served in conformance with the rules governing the signing of service of pleadings in the Court.
Pro se litigants shall designate this capacity on all documents filed in this Court and shall include their full name, signature, address, telephone number and e-mail address.
All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rule of Court shall attach a copy of the statute or regulation. Copies of unreported cases cited or referred to in a motion or brief shall also be attached.
If no answer is filed, a case becomes eligible for default judgment 45 days after the complaint is filed; prevailing counsel must submit a written motion and proposed journal entry.
Court's wording
A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed. Prevailing counsel shall submit a written motion for default judgment and the Court may set the matter for hearing or prepare a journal entry. Counsel for the moving party shall submit a proposed journal entry.
The caption in every complaint shall state the name and address, if known, of each party. Subsequent pleadings and motions shall state the case number, the name of the first party plaintiff and the first party defendant.
- Document
- Pleading or motion
- Placement
- Caption
A fax filer must transmit either the signed source document or a copy bearing the specified “/s/” notation, and represents that the physically signed source is in the filer’s possession or control.
Court's wording
A party filing a signed source document by fax shall either fax a copy of the signed source document, or the document without the signature but with the notation “/s/” followed by the name of the signing person signature appears on the signed source document. The individual filing a signed document by fax represents that a physically signed source document is in such party’s possession or control.
The person filing a document by fax shall also provide a cover page containing the following information:
Every filing must have a title and identify the filing attorney and specified contact and registration details, or the filing party’s specified contact details if unrepresented.
Court's wording
Every pleading, motion, brief or other filing shall be identified by title and include the name of the individual attorney, firm, if any, attorney registration number, office address, telephone number and email address of the attorney filing or if there is no attorney representing the party then the party shall include the name, address, phone number and email address of the party filing the same.
All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.
A movant must serve and file a brief statement of supporting reasons and authorities, and must also serve and file supporting evidence when the motion depends on facts outside the record.
Court's wording
The moving party shall serve and file with a brief written statement of the reasons in support and a list of citations of the authorities on which the movant relies. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.
All motions must be in writing and be accompanied by a memorandum containing citations, legal arguments and affidavits.
A copy of the statutory demand made on defendant together with proof by affidavit of service of the statutory demand shall be filed with the affidavit.
Both parties shall bring a photo ID along with their marriage license to the ceremony.
In all civil jury cases, counsel for all parties shall at least seven (7) days prior to the date of trial, furnish to the Court a brief of the issues and the law they expect the Court to present to and charge the jury. All proposed trials briefs and jury instructions are required to be exchanged with opposing counsel at the time of filing.
When ordered, each party’s trial brief must be delivered to the Court and other counsel at least two business days before trial, address the ordered issues, include supporting authorities, and have proof of service; delivery may be by ordinary mail or email.
Court's wording
Where a trial brief is required by Court order, counsel for each party shall deliver a copy to the Court and all other counsel at least two (2) business days prior to commencement of trial. The briefs shall relate to the issues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial. Delivery may be made by ordinary mail or electronic mail with a proof of service appended to each brief.
The complaint shall be accompanied by evidence of current proof of ownership of the property.
If opposing counsel fails to approve the entry within the time period, the entry shall be submitted to the Court, which shall make any necessary corrections and order its entry.
An e-filed document is accepted as the original if the rule is followed; the filer must retain the source document, produce it on request, and keep it through case closure and exhaustion of appeals.
Court's wording
A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.
A fax filer need not file the original but must preserve it, make it available to the Court on request with original signatures and the original fax cover sheet, and retain it through case closure and exhaustion of appeal opportunities.
Court's wording
The sender shall not be required to file the original document but must maintain the same for the sender’s records. Such copy must be available for production upon request of the Court with original signatures and with the original copy of the facsimile cover sheet. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.
Filing & Service rules
Electronic Filing Rules
Citations from an Officer-Operated Handheld Traffic Law Enforcement Program may not be filed with the Lyndhurst Municipal Court.
Citations issued pursuant to an Officer-Operated Handheld Traffic Law Enforcement Program shall not be filed with the Lyndhurst Municipal Court.
Page 1 | 30.9 Officer-Operated Handheld Traffic Law Enforcement Programs
No person may use or permit another to use someone else’s password for electronic filing.
No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
The Clerk must provide e-filing service for documents in the case categories or individual cases designated by the presiding judge’s administrative order.
The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any particular case as designated by an administrative order of the presiding judge.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
Fax filings may be transmitted only through the Clerk’s facsimile equipment, directly to the Court for filing.
Fax filing may only be transmitted directly through the facsimile equipment operated by the Clerk and may be sent directly to the Court for filing.
Page 1 | RULE 7 – FILING BY FACSIMILE TRANSMISSION
Criminal continuance motions may be filed electronically or by fax with the Court.
Motions for continuances must be filed no later than forty-eight (48) hours prior to the scheduled hearing. Said motions may be e-filed or faxed to the Court, however, no continuance is considered granted until ruled on by the Court.
Page 1 | 19.5 Traffic and Criminal Cases
Pleadings, motions, and other documents of 20 pages or fewer, including the cover page, may be fax-filed, except an original complaint or a pleading adding a new party.
All pleadings, motions, or other documents other than the original complaint or any other pleading that adds a new party, and which do not excess twenty (20) pages in length, inclusive of the cover page, may be transmitted to the Court by facsimile transmission.
Page 1 | RULE 7 – FILING BY FACSIMILE TRANSMISSION
Filing Timing and Cure Windows
Unless the Court orders otherwise, a missing fax exhibit must be filed separately within five days after transmission, or the Court may strike the document or exhibit.
Unless otherwise directed by Court order, the missing exhibit shall be filed as a separate document not later than five (5) days following the transmission of the fax document. Failure to file the same may result in the court striking the document and/or exhibit in its sole discretion.
Page 1 | RULE 7 – FILING BY FACSIMILE TRANSMISSION
Rejection is communicated by email; a later corrective filing is new and does not relate back unless the filer moves for relation-back after a technical-error rejection.
Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
After a case is set for a proceeding requiring personal appearance, a dismissal request by the plaintiff or agreement must be submitted in writing to the Court within 20 days of the scheduled appearance, after prompt written notice of settlement or dismissal to the Clerk.
After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal in writing to the Clerk of Court.
Page 1 | RULE 22 – SETTLEMENTS – NOTIFICATION TO COURT
In covered civil cases, a party must demand default judgment under Ohio Rule 55(A) within 60 days after learning of the defendant’s default or the complaint may be dismissed for want of prosecution.
In all civil cases, except traffic camera cases, in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure of such party to make demand for judgment by default under Rule 55(A) of the Ohio Rules of Civil Procedure within sixty (60) days from the time that plaintiff has notice of defendant’s default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.
Page 1 | RULE 21 – DEFAULTS / DISMISSALS BY COURT
An accepted fax filing is filed when the Clerk time-stamps receipt, not when it was transmitted, and the Clerk receives faxes only on regular court business days and during the stated court hours.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed as of the date and time the Clerk time-stamps the document received, rather than as of the date and time of the fax transmission. The Clerk’s office shall be deemed open to receive facsimile transmission of documents on the days that the Court is regularly open for business and during the times set forth in Rule 1.
Page 1 | RULE 7 – FILING BY FACSIMILE TRANSMISSION
A party may file written objections to a Magistrate’s Recommendation within 14 days, specifying why a new hearing is requested or why the recommendation should be overruled.
Each party may file objections to the Magistrate’s Recommendation within fourteen (14) days in writing. The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled.
Page 1 | 19.3 Small Claims Cases
E-filing is available 24/7, but a filing must be completed by 4:00 p.m. EST to be timely that day; filings outside regular court hours are deemed filed the next normal business day.
The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed by 4:00 pm EST to be considered timely filed that day. Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the Court.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
A case with no answer filed becomes eligible for default judgment 45 days after the complaint is filed.
A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed.
Page 1 | 19.2 General Civil Cases
A settlement entry need not be filed immediately but must be filed within 30 days or the case will be dismissed for want of prosecution.
Entries of settlement may be filed at any time. Settlements are encouraged and shall be allowed without the immediate filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 1 | 19.2 General Civil Cases
When directed by the Court, prevailing counsel must prepare and submit a journal entry to opposing counsel within 10 days unless otherwise ordered; opposing counsel must approve or reject it within 7 days after receipt and may file objections.
When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten (10) days unless otherwise ordered by the Court, prepare a proper journal entry and submit it to opposing counsel, who shall approve or reject the same within seven (7) days after receipt thereof and may file objections with the Court.
Page 1 | RULE 20 – JOURNAL ENTRIES TO BE FURNISHED
Service and Proof of Service Rules
Court filings must be served on the prosecutor or opposing counsel or party under the applicable Ohio rule, and failure to show proof of service may result in the filing being struck.
All documents filed with the Court must be served on the prosecutor or opposing counsel or party in accordance with Civil Rule 5 and Criminal Rule 49. Failure to show proof of service on the document filed may be grounds for striking the document from the Court’s record.
Page 1 | RULE 13 – PLEADINGS AND MOTIONS
Court filings must be served under the applicable Ohio rules, except that email service is effective when the recipient’s email address has been filed with the Court; electronic service requires proof stating the address used and adds no three days.
Documents filed with the court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the court. Where an electronic mail address has been filed with the court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(E). Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
For a statutory demand served personally or left at the debtor’s usual residence, the server must prove service by affidavit.
Where the statutory demand is served personally or by leaving it at the debtor’s usual place of residence, proof of service shall be made by the affidavit of the person serving the same.
Page 1 | RULE 25 – STATUTORY DEMANDS
For a statutory demand sent by registered or certified mail, the sender must provide an affidavit and the signed receipt, proof of refusal, a photocopy of either, or the certified-mail envelope marked “unclaimed.”
Where such demand is served or attempted to be served by registered or certified mail, proof of such service shall be made by the affidavit of the person sending the demand. Such demand shall also be accompanied by the signed registered or certified mail receipt or proof of refusal of service or by a photocopy thereof, or the certified mail envelope endorsed “unclaimed.”
Page 1 | RULE 25 – STATUTORY DEMANDS
Upon request, the prosecutor must notify alleged victims of all public proceedings involving the alleged offense and provide the opportunity to attend.
The City Prosecutor, City Law Director or any prosecutor in the case by appointment, shall be responsible for providing the alleged victim(s), upon request, notice of all public proceedings involving the alleged criminal offense against the victim(s) and the opportunity to be present at all such proceedings, pursuant to Rule 37 of the Ohio Rules of Criminal Procedure.
Page 1 | RULE 29 – NOTICE TO ALLEGED VICTIM(S)
When ordered, trial briefs must be delivered at least two business days before trial, and may be delivered by ordinary mail or email with proof of service appended.
Where a trial brief is required by Court order, counsel for each party shall deliver a copy to the Court and all other counsel at least two (2) business days prior to commencement of trial. The briefs shall relate to the issues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial. Delivery may be made by ordinary mail or electronic mail with a proof of service appended to each brief.
Page 1 | RULE 18 – TRIAL BRIEFS
Service in aid-of-execution proceedings must follow civil procedure.
Service will be instituted in accordance with civil procedure.
Page 1 | RULE 26 – PROCEEDINGS IN AID OF EXECUTION
Filing Fees and Waivers
The court-scheduled civil jury-trial fee must be paid 90 days before trial unless the Court orders otherwise.
For jury trials in civil cases, a filing fee, as set out in the Court’s cost schedule, shall be paid ninety (90) days in advance of trial, unless otherwise ordered by the Court.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
A filing requires payment of the court-scheduled filing fee.
No action or proceeding shall be accepted for filing by the Clerk of Court without the required filing fee stated by this Court in its schedule of costs, previously ordered by journal entry.
Page 1 | RULE 6 – SECURITY OF COSTS
The statutory fee for each garnishee must accompany the affidavit.
The garnishee fee as required by statute per garnishee shall accompany the affidavit.
Page 1 | RULE 26 – PROCEEDINGS IN AID OF EXECUTION
A hearing request for an officer-operated handheld citation must be filed in the Court, and the scheduled fee is taxed to the case and collected from the party that loses at trial.
A Request for Hearing of a citation issued pursuant to an Officer-Operated Handheld Traffic Law Enforcement Program must be filed in the Lyndhurst Municipal Court. A filing fee, as stated by this Court in its schedule of costs, will be taxed to the case and the Clerk shall collect the filing fee from the party which loses at trial.
Page 1 | 30.9 Officer-Operated Handheld Traffic Law Enforcement Programs
When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.
When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.
Page 1 | RULE 24 – UNPAID COSTS – NEW CASES NOT TO BE FILED
A non-refundable security deposit in the amount set by the Court’s cost schedule must be paid before the marriage ceremony.
There shall be a non-refundable security deposit, as stated in the Court’s schedule of costs, that shall be paid in advance of the ceremony.
Page 1 | RULE 28 – MARRIAGE CEREMONIES
The required scheduled deposit must be paid to the Clerk when the affidavit is filed.
The deposit required by the Court schedule of fees and deposits, shall be made with the Clerk at the time of filing the affidavit.
Page 1 | RULE 26 – PROCEEDINGS IN AID OF EXECUTION
The Clerk may not enter satisfaction of judgment until all Court costs are paid.
No satisfaction of judgment shall be entered by the Clerk of Court, unless all Court costs have been paid.
Page 1 | RULE 23 – SATISFACTIONS – PAYMENT OF COSTS
The Plaintiff must pay the filing fee if it dismisses a school-zone traffic-camera case.
In the event the Plaintiff dismisses the school zone case, the Plaintiff shall pay the filing fee.
Page 1 | 30.8 Automated Traffic Law Enforcement Programs
A fax filing that requires a filing fee will not be accepted until court costs are paid.
No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until Court costs have been paid.
Page 1 | RULE 7 – FILING BY FACSIMILE TRANSMISSION
The Plaintiff must pay the filing fee if a school-zone ticket is not served on the Defendant within six months after filing because service failed.
When service of the school zone ticket is not made on the Defendant within six (6) months from the date of filing of a ticket with the Clerk due to failure of service, the Plaintiff shall pay the filing fee.
Page 1 | 30.8 Automated Traffic Law Enforcement Programs
A party claiming indigency must submit an affidavit stating why costs cannot be prepaid, and costs are waived if indigency is found.
Upon representation of indigency by a party, the Clerk of Court shall have the party complete an affidavit of indigency which will be forwarded to the Judge or Magistrate to determine if the party is indigent. If indigency is found, then the costs shall be waived. The representation of indigence through the filing of a poverty affidavit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceeding.
Page 1 | RULE 6 – SECURITY OF COSTS
In a school-zone traffic-camera case, the losing party at trial pays the filing fee.
In school zone cases, the Clerk shall collect the filing fee from the party which loses at trial.
Page 1 | 30.8 Automated Traffic Law Enforcement Programs
For automated traffic-camera cases, the Plaintiff must pay the scheduled filing fee before filing and no later than the filing date, except for school-zone cases.
For traffic camera tickets issued pursuant to an Automated Traffic Law Enforcement Program, the Plaintiff shall pay the filing fee stated by this Court in its schedule of costs for each traffic camera case in advance of the date of filing but not later than the actual date of the filing of the traffic camera ticket with the Clerk, except for traffic camera cases arising in a school zone as prescribed by the ORC.
Page 1 | 30.8 Automated Traffic Law Enforcement Programs
An alias order is allowed only after failure of service on the writ and payment of an additional deposit to the Clerk.
No alias order shall be allowed unless there has been failure of service on the writ and only after an additional deposit is made with the Clerk.
Page 1 | RULE 26 – PROCEEDINGS IN AID OF EXECUTION
When the bailiff must perform services involving property, a deposit sufficient to cover probable charges is required.
In cases where it becomes necessary for the bailiff to perform services in connection with property, the bailiff shall require a deposit sufficient to secure the probable charges in each case.
Page 1 | RULE 27 – FEES FOR ADDITIONAL SERVICES
E-filing fees, deposits, and copy costs are collected by credit card or deposit when processed, and a filing requiring a fee may be rejected if the filer has not followed the Court’s payment mechanism.
Normal filing fees, deposits, and copy costs will be collected via filer credit card or deposit at the time the filing is processed by the clerk. Any document filed electronically that requires a filing fee may be rejected by the clerk unless the filer has complied with the mechanism established by the court for the payment of filing fees.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
If a case settles after the jury array or jury reports for service, all parties share the summoning and service costs equally.
If an array or jury reports for service and the case is settled, all parties shall share equally in the cost of summoning the array or jury and its service.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
A person determined to be indigent may petition the Court to waive the civil jury deposit.
A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
Court-approved reasonable bailiff charges are taxed as costs, and seized property need not be released until the charges are approved and paid.
Any reasonable charges, when approved by the Court, shall be taxed as costs of the action and any property seized under any writ or process of the Court need not be released until said charges are approved and paid.
Page 1 | RULE 27 – FEES FOR ADDITIONAL SERVICES
A party whose failure to appear postpones trial must pay the jury panel’s per diem cost unless the Court determines an extreme emergency or circumstances beyond the party’s or counsel’s control caused the failure.
If a panel of jurors appears for service and trial is postponed due to the failure of a party or his/her counsel to appear, such party shall be assessed the per diem cost of the panel unless such failure to appear is the result of extreme emergency or conditions beyond control of the party or counsel as the same may be determined by the court.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
The party withdrawing a jury demand must pay one day’s per diem for a juror who appears because the Court could not notify the juror despite diligent effort.
Any juror who appears for service because of the inability of the Court after diligent effort to notify such juror, shall be paid the per diem for one day’s service, the cost of which is to be charged to the party withdrawing the jury demand.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
A party who withdraws a jury demand after jurors are summoned must pay the costs of notifying them.
If the withdrawal is made following the summoning of the jurors, the party initially demanding the jury shall be assessed the costs of notifying such jurors that their services will not be required.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
The civil jury deposit is returned if the jury demand is withdrawn before prospective jurors are summoned.
If a jury demand is made and later withdrawn, the deposit for such demand shall be returned to the depositor provided such withdrawal is made prior to summoning the prospective jurors.
Page 1 | 6.3 Costs Related to Jury Demand in Civil Cases
The Court assesses no additional fee for fax filing.
No additional fee shall be assessed for facsimile filings.
Page 1 | RULE 7 – FILING BY FACSIMILE TRANSMISSION
Filing Bundling Requirements
Civil motion papers are considered submitted after the applicable 14- or 28-day response period unless the Court extends the time.
All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time.
Page 1 | 19.2 General Civil Cases
Pre-Motion Conference Requirements
Reply or additional motion briefs may be filed only with leave of Court.
Reply or additional briefs upon motions may be filed only with leave of Court.
Page 1 | RULE 15 – HEARING AND SUBMISSION OF MOTIONS
An oral hearing on objections will be granted only if specifically requested in writing and ordered by the Court.
No oral hearing will be granted unless specifically requested in writing and ordered by the Court.
Page 1 | 19.3 Small Claims Cases
Responses are due 14 days after service of a non-summary-judgment motion or 28 days after service of a summary-judgment motion, and a reply may be served and filed within 7 days after service of the response, unless the Court orders otherwise for responses.
Responses to a written motion, other than motions for summary judgment, shall be served and filed within fourteen (14) days after service of the motion unless otherwise ordered by the Court. Responses to motions for summary judgment shall be served and filed within twenty-eight (28) days after service of the motion unless otherwise ordered by the Court. A movant’s reply to a response to any written motion may be served and filed within seven (7) days after service of the response to the motion.
Page 1 | RULE 15 – HEARING AND SUBMISSION OF MOTIONS
Motion oral argument is permitted only if a party applies in writing and the Court orders it.
Oral arguments of motions will be permitted only upon written application to and order by the Court.
Page 1 | RULE 15 – HEARING AND SUBMISSION OF MOTIONS
A motion hearing will be granted only if the parties request one and the Court considers it necessary.
No oral hearings will be granted on motions unless the parties request such and the Court deems it necessary.
Page 1 | 19.2 General Civil Cases
Civil motions are considered submitted after 14 days, or 28 days for summary judgment, unless time is extended; motions requiring immediate attention may be ruled on earlier.
All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time. Motions requiring immediate attention will be ruled on earlier.
Page 1 | 19.2 General Civil Cases
Unless the Court orders otherwise, summary-judgment motions are heard without oral argument on briefs and Rule 56(C) materials within 45 days after service on the opposing party.
Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and other material authorized by Civil Rule 56(C) without oral argument within forty-five (45) days after service of the motion upon opposing party.
Page 1 | RULE 15 – HEARING AND SUBMISSION OF MOTIONS
Civil opposition briefs are due 14 days after service of a non-summary-judgment motion or 28 days after service of a summary-judgment motion.
All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion. A brief in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion.
Page 1 | 19.2 General Civil Cases
Adjournment & Extension Requirements
Except in forcible-entry-and-detainer or replevin actions, an unprepared party may apply without notice for one extension of up to 30 days to move or plead on the answer day.
Except in actions for forcible entry and detainer or replevin, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the Court and without notice for a period not to exceed thirty (30) days.
Page 1 | RULE 14 – LEAVE TO MOVE OR PLEAD
Any request for a continuance shall be in writing. Such request may be faxed but no later than forty-eight (48) hours prior to the pre-trial. A request for a continuance shall not be considered granted until the Court formally rules on the request.
Any request for a continuance shall be in writing. Such request may be faxed but no later than forty-eight (48) hours prior to the pre-trial. A request for a continuance shall not be considered granted until the Court formally rules on the request.
Page 1 | 19.2 General Civil Cases
Further extensions require a Court-approved application, notice to the opposing side, and good cause; opposing-side consent alone is insufficient, and the application must be filed at least one day before the due date.
Any leave to move or plead thereafter may be had only upon application to and with approval of the Court, with notice to the opposing party or counsel and for good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause. Applications for extensions of time shall be filed no later than one (1) day prior to the due date.
Page 1 | RULE 14 – LEAVE TO MOVE OR PLEAD
A continuance request must be a written motion stating the reason; each party gets one timely request, due within 10 days after the case is set, with a conflicting court notice attached when based on a scheduling conflict; the first-set trial and criminal trials receive the stated priorities.
A written motion from the party or counsel requesting a continuance shall state the reason for the continuance must be filed with the Court. Each party is entitled to one (1) timely request for a continuance. Such request shall be made no later than ten (10) days from the date when the case was set by the Court for hearing, pre-trial or trial. When the request is due to a scheduling conflict, the conflicting court notice must be attached to the request. When the continuance is requested due to the fact that counsel is scheduled to appear in another court, the case first set for trial shall have priority and the continuance shall be granted. Criminal cases set for trial shall have priority over civil cases.
Page 1 | 19.2 General Civil Cases
A criminal continuance motion must be filed at least 48 hours before the hearing and may be e-filed or faxed, but is not granted until the Court rules.
Motions for continuances must be filed no later than forty-eight (48) hours prior to the scheduled hearing. Said motions may be e-filed or faxed to the Court, however, no continuance is considered granted until ruled on by the Court.
Page 1 | 19.5 Traffic and Criminal Cases
Counsel’s consent may be filed as a journal entry and is evidence of good cause for the extension.
Consent of counsel may be filed as a journal entry in the case and shall be evidence of “good cause shown.”
Page 1 | RULE 14 – LEAVE TO MOVE OR PLEAD
Chambers Communication Rules
Email communications to the Court are not legal communications and will not be received, ruled on, or entered in the court record.
Any communication sent to the court by electronic mail is not considered a legal communication of any form and will not be received or ruled upon by a judge or entered into the court record.
Page 1 | RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
Attorneys must notify the Court by 1:00 p.m. on the Friday before trial of any plea change or jury waiver, or jury costs may be assessed.
All attorneys shall notify the Court no later than 1:00 p.m. the Friday preceding the trial date of any change of plea or waiver of the jury or the jury cost may be assessed.
Page 1 | 19.5 Traffic and Criminal Cases