Madison County Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request for a case set for trial must be filed in writing or by fax at least seven days before trial.
- A written continuance request must include the case caption and number, reason, scheduled trial date and time, a signed statement that the other party was notified, and the requester’s or attorney’s signature.
- A continuance motion must be submitted in writing with an entry and a supporting brief stating the reasons for the continuance.
- A continuance will not be granted without proof of reasonable notice to the other party or that party's consent.
- +7 more
Request must include
- A continuance motion filed within 72 hours of the hearing will not be considered unless the other party gives written consent and that consent is filed before the hearing.
- Applications for extensions of time must be filed at least one day before the due date, regardless of opposing counsel’s consent.
Page & Word Limits1 rule
(G) The court has no limit to the number of pages being transmitted.
Document Format Requirements8 rules
All pleadings and motions shall be typed or legibly printed on paper approximately 8 ½ inches by 11 inches in size.
- Paper size
- Letter
Documents shall be filed with a signature or notation “/s/” followed by the name of the person signing the source document.
(A) All entries of appearance of counsel in an action shall be in writing or by fax.
(C) Once an appearance is made, counsel may withdraw from a case only by written leave of court for good cause shown.
When filed, sufficient copies of the order shall be filed for service upon such parties as are required to be served, and the application fees shall accompany the order.
(Number of copies to be filed are 1 original, 2 per defendant, and 1 for plaintiff)
Formatting
- •File 1 original, 2 copies per defendant, and 1 copy for plaintiff
When filed, sufficient copies of the affidavit shall be filed for service upon the garnishee and such parties as are required to be served, and the garnishee fee shall accompany the affidavit.
Electronically produced tickets are authorized and must conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Court's wording
The use of Electronic Produced Tickets/Citation that is produced by computer or other electronic means is hereby authorized in the Madison County Municipal Court. The electronically produced ticket shall conform to in all substantive respects to the Ohio Uniform Traffic Ticket.
Document Filing Requirements24 rules
The caption of the complaint shall state the name and address, if known, of each party. The caption on any other pleading adding or naming new parties shall state names and addresses, if known, of the new parties.
- Document
- Pleading
- Placement
- Caption
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.
The original complaint, along with attached documents, must be filed with the court along with the payment of all filing fees, cost deposits and any other costs and fees required.
All other pleadings and motions shall state the case number and the name of the first party plaintiff and the first party defendant.
- Document
- Pleading or motion
Must include
- •Case number
Any and all motions filed are to be accompanied with an entry.
Every pleading, motion, or other document filed in a case shall be identified by title and shall bear the name, address and telephone number of the individual filing the same.
Documents filed by an attorney shall include the name of the attorney, his/her address, telephone number, fax number and his/her Ohio Supreme Court registration number.
A fax filer must provide a cover page stating the court, case title and number, judge, document title, transmission date, transmitting fax number, page count including the cover page, and whether a judge or case number has not been assigned, if applicable.
- Document
- Fax cover page
Must include
- •Case number
Court's wording
The person filing a document by fax shall also provide a cover page containing the following information: (1) The name of the court; (2) The title of the case; (3) The case number; (4) The Judge; (5) The title of the document being filed; (6) The date of transmission; (7) The transmitting fax number; (8) An indication of the number of pages included in the transmission, including the cover page; (9) An indication that a judge or case number has not been assigned, if applicable;
A fax filing is accepted as the original; the sender must retain the source document and original fax cover sheet, produce the source document with original signatures on Court request, and keep the source document until the case is closed and appeal opportunities are exhausted.
Court's wording
A document filed by fax shall be accepted as the original filing. The sender shall not be required to file the source document with the clerk but must maintain the same in the sender’s records, and have the same available for production on request of the court with original signatures as otherwise required under these or other applicable rules, together with the original copy of the facsimile cover sheet used for the subject filing. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.
The person transmitting the document represents that the signed source document is in his/her possession.
In non-mandatory appearance cases, the initial appearance may be satisfied by timely filing a letter or notice of appearance stating the defendant's plea, speedy-trial-time waiver, and request for a pretrial or trial to the court.
Court's wording
The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant or by the defendant themselves for non-mandatory appearance cases, by filing a letter or notice of appearance with the Court prior to the date of the initial appearance and setting forth all of the following: (1) Plea of the defendant (2) Waiver of the time for speedy trial; and (3) Request for a pretrial/trial to the court.
In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk and serve the same upon opposing counsel.
Upon a claim of indigency, a party shall file a written motion and affidavit setting forth his/her income and expenses, and the Court shall rule upon the same.
(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.
- Document
- Motion
Must include
- •Certificate of service
(C) Motions shall be supported by a brief citing applicable case and statutory law.
(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to the trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.
- Document
- Jury instructions
Must include
- •Proposed jury instructions
(B) The brief shall state the issues involved, authorities upon whom counsel intends to rely at trial, a list of witnesses the party intends to call and a list of all exhibits the party intends to introduce at trial.
(A) Motions and entries for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and answer date.
(B) Any documents and witnesses that a party desires to be considered must be produced at the time of trial and cannot be produced afterwards.
(D) In cases involving a motor vehicle collision, the party seeking damages must submit at trial a certificate of title demonstrating his/her ownership of the subject vehicle. Vehicle registration will not be accepted as evidence.
(B) When a counterclaim, cross-claim or third party claim exceeds the jurisdiction of the Small Claims Division, it must be accompanied by a motion and entry to transfer.
When requested or otherwise required by law or court order, the magistrate’s decision must include findings of fact and conclusions of law.
Court's wording
If any party makes a request for finds of facts and conclusions of law, or if finding and conclusions of law are otherwise required by law or by court order, the magistrate’s decision shall include finds of fact and conclusions of law in accordance with Civil Rule 53(E)(3).
(D) Any objection to findings of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.
(C) Objections shall be specific and state with particularity the grounds for the objections. They shall further contain a statement signed by the filing party that copies have been served on all other parties.
Filing & Service rules
Electronic Filing Rules
Fax filings must be transmitted directly to the Court.
Fax filing may only be transmitted directly to the court for filing.
Page 4 | Rule 6. Facsimile Filing
Documents requiring a filing fee cannot be accepted when filed by facsimile.
(I) No document filed by facsimile that requires a filing fee shall be accepted for filing.
Page 5
Pleadings, motions, and other documents may be filed by fax, except an original complaint or a pleading that joins or adds a new party.
All pleadings, motions, or documents, other than the original complaint or any other pleading that join or adds a new party, may be transmitted to the court by facsimile transmission.
Page 4 | Rule 6. Facsimile Filing
The Court authorizes the use of tickets or citations produced by computer or other electronic means.
The use of Electronic Produced Tickets/Citation that is produced by computer or other electronic means is hereby authorized in the Madison County Municipal Court.
Page 3 | Rule 3. File management
The Court’s fax machine is available to receive transmissions 24 hours a day, seven days a week, subject to Rule 6’s conditions.
The facsimile machine is available to receive facsimile transmissions on the basis of 24 hours per day seven days per week at (740) 852-0812, subject to the conditions set forth in this rule.
Page 4 | Rule 6. Facsimile Filing
Filing Timing and Cure Windows
If a fax lacks the required cover-page information, the clerk may file it or place it in the failed-fax file; a document placed there is not considered filed.
In the event a document is sent by fax to the clerk without the cover page information listed above, the clerk may, in his/her sole discretion enter the document in the docket and file the document, or deposit it in a file of failed faxed documents with a notation of the reason for the failure. In the latter event, the document shall not be considered filed with the clerk.
Page 4 | Rule 6. Facsimile Filing
An accepted fax filing is considered filed when the clerk time-stamps it, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted by the clerk shall be considered filed as of the date and time the clerk time-stamps the documents received, rather than as of the date and time of the fax transmission.
Page 4 | Rule 6. Facsimile Filing
Proposed jury instructions must be filed at least seven days before trial.
In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk and serve the same upon opposing counsel.
Page 7 | Rule 14. Jury Instructions
Unless another rule provides otherwise, an opposing party has 14 days after service to file an opposition brief citing applicable case and statutory law, except in summary judgment motions.
(A) Unless otherwise provided in the Ohio Rules of Civil Procedure or these Local Rules, a party opposing a motion shall have fourteen days from the date of service to file a brief in opposition citing applicable case and statutory law, with the exception of motion for summary judgment.
Page 9 | Rule 24. Disposition of motions
Notice to the Court that a jury demand has been withdrawn must be made no later than seven days before trial.
(B) Notice to the Court of the withdrawal of jury demand shall be made no later than seven days prior to the date of trial.
Page 9 | Rule 26. Trials
An opposition brief to a motion for summary judgment is due within 30 days.
A party shall have thirty days to file a brief in opposition to a motion for summary judgment.
Page 9 | Rule 24. Disposition of motions
When a court order requires a trial brief, each party’s counsel must file a copy with the clerk at least seven days before trial.
(A) Where a trial brief is required by order of court, counsel for each party shall file a copy with the clerk at least seven days prior to the commencement of trial.
Page 10 | Rule 27. Trial Briefs and Jury Instructions
In jury cases, proposed jury instructions must be filed with the clerk at least seven days before trial.
(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to the trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.
Page 10 | Rule 27. Trial Briefs and Jury Instructions
Unless the Court orders otherwise, the plaintiff must submit a judgment entry detailing settlement terms within 14 days after telephone notification of settlement or voluntary dismissal.
The plaintiff must submit a judgment entry detailing the settlement terms within fourteen days of such telephone notification, unless otherwise ordered by the Court.
Page 10 | Rule 28. Notification of Settlements
A jury demand in a forcible entry and detainer action must be filed and notice given to all parties at least three business days before trial.
Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the trial date.
Page 11 | Civil Division
A party seeking to join a new party must file a third-party complaint at least seven days before the scheduled trial.
Any party seeking to join a new party to a pending case must file a third party complaint at least seven days before the scheduled trial date.
Page 12 | Rule 41. Third Party Claims
Counterclaims and cross-claims must be filed at least seven days before the scheduled trial.
All counterclaims and cross-claims must be filed at least seven days before the scheduled trial.
Page 12 | Rule 40. Counterclaims and cross-claims
Pretrial motions must be filed at least seven days before the scheduled trial date.
All pretrial motions shall be filed and served upon the opposing parties at least seven days before the scheduled trial date.
Page 13 | Rule 46. Other Pretrial Motions
Pretrial motions that are not timely filed will be stricken from the file.
Motions which are not timely filed shall be stricken from the file.
Page 13 | Rule 46. Other Pretrial Motions
A motion to transfer a small claims matter to the regular civil docket must be filed at least seven days before trial.
(A) A motion to transfer a small claims matter to the regular civil docket shall be filed at least seven days before the scheduled trial date.
Page 13 | Rule 45. Motions to transfer to the regular civil docket
A party may file written objections to a magistrate’s decision within fourteen days after the decision is filed.
(B) Any party may file written objections to a magistrate’s decision within fourteen days of the filing of decision.
Page 13 | Rule 49. Objections to the Magistrate’s Decision
Subpoenas and praecipes for subpoenas must be filed seven days before trial with the required deposit.
All subpoenas or praecipes for subpoenas must be filed seven days prior to the scheduled trial date with the required deposit.
Page 13 | Rule 44. Subpoenas
An untimely motion to transfer will be stricken from the file.
(C) An untimely motion to transfer shall be stricken from the file.
Page 13 | Rule 45. Motions to transfer to the regular civil docket
After a party files objections, any other party has ten days to file objections.
Thereafter, any other party shall have a period of ten days to file objections.
Page 13 | Rule 49. Objections to the Magistrate’s Decision
When findings of fact and conclusions of law are requested, the objections period begins when the magistrate files a decision containing them.
If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision including findings of fact and conclusions of law.
Page 13 | Rule 49. Objections to the Magistrate’s Decision
The date and time of receipt of any document is the date and time imprinted on the document by the facsimile machine receiving the transmission.
The date and time of receipt of any document is the date and time imprinted on the document by the facsimile machine receiving the transmission.
Page 4 | Rule 6. Facsimile Filing
The clerk’s office shall be deemed open to receive facsimile transmission of documents on the same days and times that the court is regularly open for business.
The clerk’s office shall be deemed open to receive facsimile transmission of documents on the same days and times that the court is regularly open for business.
Page 4 | Rule 6. Facsimile Filing
Service and Proof of Service Rules
Pleadings and motions must be served on opposing counsel or, if a party is unrepresented, on that opposing party under the Ohio Rules of Civil Procedure.
All pleadings and motions must be served upon the opposing counsel, or if a party is not represented, then upon the opposing party in accordance with the Ohio Rules of Civil Procedure.
Page 4 | Rule 5. Pleadings and Motions
After counsel enters an appearance, all court-filed documents and court entries must be served on that counsel.
(B) Upon the entry of appearance of counsel, all documents filed with the court and entries of the court shall be served upon said counsel.
Page 5 | Rule 7. Appearance and withdrawal of counsel
The defendant and any counsel present must receive written notice of the pretrial hearing date before leaving court.
Written notice of the pretrial hearing date shall be provided to the defendant and counsel, if present, prior to leaving court.
Page 6 | Rule 13. Case management
Proposed jury instructions must be served on opposing counsel at least seven days before trial.
In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk and serve the same upon opposing counsel.
Page 7 | Rule 14. Jury Instructions
Motions must be served on the opposing party or, if represented, that party’s counsel.
(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.
Page 9 | Rule 23. Motion practice
Unless the Court orders otherwise, the plaintiff must notify the opposing party of any scheduled hearing canceled because of voluntary dismissal.
(C) It shall be the responsibility of the plaintiff to notify the opposing party of the cancellation of any scheduled hearing due to voluntary dismissal unless otherwise ordered by the court.
Page 10 | Rule 28. Notification of Settlements
In jury cases, proposed jury instructions must be served on opposing counsel at least seven days before trial.
(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to the trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.
Page 10 | Rule 27. Trial Briefs and Jury Instructions
For the second-count hearing, the judge or magistrate must file a judgment entry and serve a copy on all parties.
The judge or magistrate shall file a judgment entry and cause a copy to be served upon all parties.
Page 11 | Civil Division
Notice of a jury demand in a forcible entry and detainer action must be given to all parties at least three business days before trial.
Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the trial date.
Page 11 | Civil Division
At the conclusion of the first-count hearing, the judge or magistrate must file a judgment entry and serve a copy on all parties.
At the conclusion of the hearing on the first count, the judge or magistrate shall file a judgment entry and cause a copy to be served upon all parties.
Page 11 | Civil Division
A party filing a counterclaim or cross-claim must send copies to all opposing parties.
Any party filing such pleadings shall send copies to all opposing parties.
Page 12 | Rule 40. Counterclaims and cross-claims
The clerk must serve the new defendant with the third-party complaint in the same manner as the original complaint.
The clerk shall serve the new party defendant with the third party complaint in the same manner as the original complaint.
Page 12 | Rule 41. Third Party Claims
Pretrial motions must be served on opposing parties at least seven days before the scheduled trial date.
All pretrial motions shall be filed and served upon the opposing parties at least seven days before the scheduled trial date.
Page 13 | Rule 46. Other Pretrial Motions
Copies of objections must be served on all other parties, and the objections must include the filing party’s signed statement that service occurred.
(C) Objections shall be specific and state with particularity the grounds for the objections. They shall further contain a statement signed by the filing party that copies have been served on all other parties.
Page 14 | Rule 49. Objections to the Magistrate’s Decision
Filing Fees and Waivers
Filing an original complaint requires payment of all required filing fees, cost deposits, and other costs and fees.
The original complaint, along with attached documents, must be filed with the court along with the payment of all filing fees, cost deposits and any other costs and fees required.
Page 3 | Rule 5. Pleadings and Motions
A party demanding a jury trial must make an advance deposit of $300.
When a jury trial is demanded, the party requesting the same shall make an advance deposit in the amount of $300.00.
Page 8 | Rule 21. Security for costs/deposit for jury trial
The filing fee established in the court’s schedule of costs must be deposited before a pleading, motion, or other document is accepted for filing.
No pleading, motion or other documents shall be accepted for filing by the Clerk of Court unless there is first deposited the filing fee set forth in the schedule of costs established from time to time by the Court.
Page 8 | Rule 21. Security for costs/deposit for jury trial
The application fees must accompany the order when it is filed.
When filed, sufficient copies of the order shall be filed for service upon such parties as are required to be served, and the application fees shall accompany the order.
Page 11 | Rule 33. Proceedings in Aid of Execution
The garnishee fee must accompany the garnishment affidavit when it is filed.
When filed, sufficient copies of the affidavit shall be filed for service upon the garnishee and such parties as are required to be served, and the garnishee fee shall accompany the affidavit.
Page 11 | Rule 32. Garnishment of Personal Earnings or Property
A jury demand must be accompanied by payment of jury costs under Local Rule 18 D.
A jury demand must be accompanied by payment of jury costs in accordance with Local Rule 18 D.
Page 11 | Civil Division
A plaintiff beginning a small claims action must file a complaint and pay the required costs.
The plaintiff may begin a small claims action by filing a complaint and paying the required costs.
Page 12 | Rule 39. Pleadings
The required deposit must accompany a subpoena or praecipe for subpoena filing.
All subpoenas or praecipes for subpoenas must be filed seven days prior to the scheduled trial date with the required deposit.
Page 13 | Rule 44. Subpoenas
A schedule of costs and filing fees applies to civil, criminal, and traffic cases, and the Court may amend the costs.
The Court has adopted a schedule of costs and filing fees in civil cases, as well as criminal and traffic cases, and may order amendment of these costs from time to time.
Page 3 | Rule 4. Costs and filing fees
Copies of scanned materials may be obtained at the clerk’s office, with applicable fees assessed.
Copies can be obtained at the clerk’s office of scanned materials; fees assessed as applicable.
Page 3 | Rule 3. File management
If a party’s judgment for costs appears unsatisfied, the clerk may refuse a new filing until the unpaid costs are paid, unless the Court orders otherwise.
When a judgment for costs against a party appears unsatisfied, the clerk may refuse to accept for filing any new action or proceeding instituted by or on behalf of such party unless otherwise ordered by the Court, without such party first making payment to the clerk of such unpaid costs.
Page 8 | Rule 21. Security for costs/deposit for jury trial
Online payments are available through the stated website 24 hours a day.
24 hour online payments can be accessed @ http://co.madison.oh.us/munict
Page 3 | Rule 2. Hours of regular operation
Facsimile filings do not incur a fee.
(H) There is no fee for facsimile filings.
Page 5
Adjournment & Extension Requirements
A continuance motion must be submitted in writing with an entry and a supporting brief stating the reasons for the continuance.
(A) All motions for continuances shall be submitted to the court in writing with an entry and include a brief in support setting forth the reasons requiring the continuance.
Page 5 | Rule 8. Continuances
A continuance motion not ruled on by the hearing date is deemed denied.
A continuance that has not been ruled on by the date of the hearing shall be considered to be denied.
Page 5 | Rule 8. Continuances
A continuance will not be granted without proof of reasonable notice to the other party or that party's consent.
No continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the other party.
Page 5 | Rule 8. Continuances
A continuance motion filed within 72 hours of the hearing will not be considered unless the other party gives written consent and that consent is filed before the hearing.
(C) No continuance will be considered if filed within seventy-two hours of the hearing date unless the moving party secures the consent of the other party in writing and consent is filed with the court prior to the hearing date.
Page 5 | Rule 8. Continuances
A continuance motion based on counsel's conflicting hearing in another court must include a copy of that court's notice.
(B) When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, the movant shall attach a copy of the notice received from the other court.
Page 5 | Rule 8. Continuances
Except in forcible entry and detainer actions, a party unprepared to move or plead on the answer day may apply for one extension of up to 30 days; counsel’s consent may be filed as a judgment entry and is evidence of good cause.
(A) Except in actions for forcible entry and detainer, 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 for a period not exceeding thirty days. Consent of counsel may be filed as a judgment entry in the case and shall be evidence of good cause shown.
Page 9
Applications for extensions of time must be filed at least one day before the due date, regardless of opposing counsel’s consent.
(C) Applications for extensions of time, regardless of consent of opposing counsel must be filed at least one day prior to the due date.
Page 9
Further leave to move or plead requires Court approval, notice to the opposing party or counsel, and good cause; opposing counsel’s consent alone is insufficient.
(B) Any leave to move or plead thereafter may be had only with the 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.
Page 9
A continuance request for a case set for trial must be filed in writing or by fax at least seven days before trial.
A request for a continuance of a case set for trial shall be filed in writing or by fax at least seven days prior to the trial date.
Page 12 | Rule 42. Continuances
A written continuance request must include the case caption and number, reason, scheduled trial date and time, a signed statement that the other party was notified, and the requester’s or attorney’s signature.
The request shall be in writing and shall include: (1) The case caption and case number; (2) The reason for request; (3) The date and time of the scheduled trial; (4) A statement signed by the moving party that he or she has notified the other party in accordance with rules of service; and (5) The signature of the party requesting the continuance, or of such party’s attorney.
Page 12 | Rule 42. Continuances
No continuance will be granted on the trial date to allow submission of additional documents or witnesses.
No continuances will be granted on the date of trial to submit additional documents or witnesses.
Page 13 | Rule 48. Evidence at trial
Continuance motions based on hearing or trial schedule conflicts are ruled on under Rule 41(B) of the Ohio Rules of Superintendence.
Motions for continuance sought due to conflict in the hearing or trial schedules shall be ruled upon in accordance with rule 41 (B) of the Rules of Superintendence for the Courts of Ohio.
Page 5 | Rule 8. Continuances
A party may request an extension of time to file an opposition brief before the 14-day period expires.
(B) A motion to extend the time for filing the brief in opposition may be requested prior to the expiration of the fourteen days.
Page 9 | Rule 24. Disposition of motions
Chambers Communication Rules
A party or counsel who expects a motion hearing to exceed one hour must notify the court so that sufficient time can be scheduled.
(D) In any case where a party or counsel anticipates that a motion hearing will require more than one hour, it is the responsibility of the party or counsel to notify the court so that adequate time can be scheduled.
Page 6 | Rule 12. Motion practice
The Court will not receive telephone calls from witnesses.
The Court will not receive telephone calls from witnesses.
Page 13 | Rule 48. Evidence at trial