Marietta Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuance requests must be made by written motion, show good cause, state the date and reasons, and ordinarily be made at least seven days before trial; the rule also specifies required conflict documentation and accompanying entries.
- A continuance request generally will not be considered if made less than seven days before trial, unless the relevant circumstances could not have been determined at least seven days before trial with reasonable diligence.
- A continuance must be requested by written motion, supported by good cause, served on opposing counsel or the party, and state the requested-from date and reasons; prior trial conflicts require the scheduling date and attached notice, and an accompanying entry must provide blanks for the new trial time and date and indicate whether opposing counsel agrees.
Request must include
Communication
Document Format Requirements5 rules
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil Procedures.
- Motion
Formatting
- •Motions must be in writing, except those normally made at trial
The attorney for the debtor or the debtor shall provide the Clerk with an additional copy of the application for each creditor listed in the application.
When filing any execution, the party shall provide one copy for each party to be served and one copy for the Clerk.
Complete all applicable information (PLEASE PRINT)
Formatting
- •Complete the form in print
Document Filing Requirements41 rules
An electronically produced ticket need not bear the defendant’s signature, but must bear the officer’s electronic signature, which may take any of the listed forms.
Court's wording
A ticket produced by computer or other electronic means does not require the signature of the defendant. A ticket produced by computer or other electronic means requires the officer to electronically affix the officer's signature thereto, which may include a cursive signature, officer's unit number or a typed name applied by computer or other electronic means.
Before counsel is appointed, a defendant must file a completed affidavit of indigency with the Washington County Public Defender Office.
Any special instructions shall include the text of the proposed instruction and citations of authority for any instruction requested by counsel.
Requests for permission to broadcast, televise, record, or photograph in the courtroom must be written.
Court's wording
Requests for permission of the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing and the written order of the Judge shall be made a part of the record of the proceedings.
Attorneys who wish to be appointed to represent indigent defendants must complete an Application for Appointment as Assigned Counsel and must meet the following criteria:
Immediately upon selection of an attorney, the Judge will file the appropriate entry appointing the attorney, unless the Judge decides that the attorney is not suitable for that particular defendant or that case.
Attorneys may enter as counsel of record by filing a Notice of Appearance which shall include the name, Ohio Supreme Court registration number, office mailing address, attorney's telephone number and electronic mail address.
Requests for compensation must be made by each appointed attorney on forms supplied by the Ohio Public Defender Commission.
All motions where an oral hearing is not required or requested, shall be accompanied by a proposed entry.
No such application will be considered unless a written entry or motion is presented stating the reasons for the application, certificate of service on opposing counsel and client and time and date of trial, if set.
- Document
- Withdrawal application
Include
- •Certificate of service
Motions are to be supported by Memoranda of Law containing applicable statutory and case law citations.
Entries shall accompany the motions with blanks for the new trial and date, and if agreed to by opposing counsel.
If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion.
All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedures and/or Ohio Traffic Rules.
No motion will be set for hearing unless provided by existing rule or the following statement appears prominently upon the first page of the motion: "Counsel Requests an Oral Hearing of Approximately ----- Minutes."
In civil cases, attorneys must identify their capacity as trial counsel on all documents.
Court's wording
Attorneys will designate their capacity as trial counsel on all documents in civil cases and by written notice which shall include name of attorney, office address, zip code, telephone number, and email address.
No motion will be set for hearing unless provided by existing rule or the following statement appears prominently upon the first page of the motion: "Counsel Requests an Oral Hearing of Approximately _____ Minutes at Which Time _____ Witness will be Called."
No such application will be considered unless a written entry or motion is presented stating the reasons for the application, certificate of service on opposing counsel and/or client and time and date of trial, if set.
Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.
Unless the judge or magistrate waives or modifies the requirement, parties must file a pretrial statement at least seven days before the pretrial conference containing the listed factual, legal, witness, exhibit, damages, trial-time, scene-view, instruction, stipulation, and settlement information.
- Document
- Pretrial statement
Must include
- •Statement of facts
Court's wording
Unless waived or modified by the Judge or Magistrate, at least seven days before the pretrial conference, the parties shall file a pretrial statement which shall include the following: (a) A brief statement of the facts of the case. ( b) A statement of the issues of law involved. (c) Authorities relied upon to support the issues. (d ) An outline of the exhibits. (e) The names and addresses of all expert witnesses. ( f) The names and addresses of all lay witnesses. (g) An itemization of special damages. (h ) An estimation of anticipated time required for trial. (i) A statement as to whether or not there will be a request for a view of the scene. U) Copies of any special instructions requested by the attorney. (k) Any request for stipulations. ( 1) Any indications of settlement.
All Motions for Default Judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service and answer date.
A proposed entry shall accompany the motion.
All Motions for Default Judgment shall also contain a list of claimed damages supported by documentary or other evidence.
Unless waived or modified by the Judge or Magistrate, the pretrial statement must include the listed case facts, legal issues and authorities, exhibits, witnesses, damages, trial-time estimate, requested instructions and stipulations, and settlement information.
Court's wording
Unless waived or modified by the Judge or Magistrate, at least seven days before the pretrial conference, the parties shall file a pretrial statement which shall include the following: (a) A brief statement of the facts of the case. (b) A statement of the issues of law involved. (c) Authorities relied upon to support the issues. (d) An outline of the exhibits. (e) The names and addresses of all expert witnesses. (f) The names and addresses of all lay witnesses. (g) An itemization of special damages. (h) An estimation of anticipated time required for trial. (i) A statement as to whether or not there will be a request for a view of the scene. (i ) Copies of any special instructions requested by the attorney. (k) Any request for stipulations. (I ) Any indications of settlement.
A forcible entry and detainer complaint may be signed on behalf of another person only by a licensed attorney; a property manager or real estate agent may sign or represent an owner only if also an attorney, and a corporate or LLC owner must have an attorney sign.
Court's wording
Pursuant to RC 4705.01 and Cleveland Bar Assn. vs Picklo, (2002) 96 Ohio St. 3d 1 95, 2002-Ohio-3995, only a licensed attorney may sign a complaint on behalf of another person. No property manager or real estate agent may sign a complaint or represent an owner in court, unless that property manager or real estate agent is also an attorney. When the plaintiff/owner is a corporation or limited liability company, the complaint must be signed by a licensed attorney. Any complaint signed by someone other than the owner or a licensed attorney will be dismissed without a hearing.
A complaint in Forcible Entry and Detainer shall contain a reason for the eviction, a copy of the notice given under RC 1 923.04 and a copy of the written instrument upon which the claim is founded (if any).
A small claims action is commenced by filing a small claims petition.
The application for an appointment of a trustee shall include a complete and accurate statement, under oath, of: the debtor's name and address; name and address of all employers; and a list indicating the names, addresses, account numbers, and amount owing to all creditors.
Each notice shall contain the time and place of a hearing that objections to the application shall be heard.
Proof of publication shall be filed with the Clerk.
Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the Court and also a statement of the balance, if any, still due on the judgment.
All requests for driving privileges and appeals of 12 point suspensions shall contain the following information: Petitioner's date of birth, last 4 digits of the petitioner's Social Security number, and Driver' s License number.
Furthermore, a journal entry shall be prepared and made available to the public reflecting the Court's order that access to a record or case document has been restricted.
If personal identifying information is redacted or omitted from a documents, the information should be provided to the court on a Confidential Disclosure of Personal Identifiers form that indicates what information has been redacted or omitted. Appendix B is an example of a confidential disclosure form.
A person may request, in writing, a full or partial transcript of any court proceeding upon written motion.
I . The attorney must itemize all travel expenses.
A small claims case may be transferred to the regular docket upon filing of motion and affidavit, as required by Ohio Revised section 1 925.10, and upon payment of the required costs.
Attached to the application should be a copy of the demand of garnishment of personal earnings and proof of last thirty (30) days of gross earnings.
Complete all applicable information (PLEASE PRINT)
Include
- •Complete all applicable information (PLEASE PRINT)
Applications for Sealing of Court Criminal Records may be made on the form approved by the Court.
A Defendant is not required to file an answer or statement of defense.
Filing & Service rules
Electronic Filing Rules
Effective June 1, 2023, documents may be filed by electronic transmission only to the listed Assignment Commissioner, Traffic/Criminal Clerk, or Civil Clerk email address.
(a) Electronic Mail. Documents may be filed by electronic transmission only to the following addresses, EFFECTIVE June 1, 2023: a. Assignment Commissioner: assignmentcommissioner@mariettaoh.net b. Traffic/Criminal Clerk: trafficcriminal@mariettaoh.net c. Civil Clerk: civil@mariettaoh.net
Page 6 | ADMINISTRATIVE RULES — 8.0 FILINGS BY ELECTRONIC TRANSMISSION/FAX
The Clerk accepts fax and electronic filings only if no filing fee must accompany them; accepted filings are originals unless authenticity is challenged or the Judge or Magistrate orders otherwise.
Filings will be accepted by facsimile or electronic transmission by the Clerk as long as the filing does not require any filing fee to accompany it. Such filings shall be considered the original unless authenticity is challenged by a party or the Judge or Magistrate orders otherwise.
Page 7 | 7(c)
Attorneys and litigants may electronically sign documents using the stated methods and locations, but the signature must be witnessed by court personnel and the record immediately submitted through the appropriate electronic filing process.
Documents may be signed electronically by an attorney, Plaintiff, Defendant, or other litigant while inside the court building using DocuSign or at the Washington County Jail with an electronic signature on a signature pad or other device. To ensure that the electronic signature is authentic, the signature must be created in the presence of court personnel. Then, the signer or the court personnel that witnessed the signature shall immediately submit the record to the appropriate electronic filing process.
Page 7 | 8.04 Signature of Attorney, Plaintiff, Defendant or Litigant
Documents filed by fax may be sent only to 740-373-2547.
Documents may be filed by FAX only to the following number 740-373-2547.
Page 7 | 7(b) FAX
A filing may include an electronic signature of a party or counsel.
Filings will be accepted which include an electronic signature of a party and/or their counsel.
Page 7 | 7(c)
Computer- or electronically produced tickets are permitted for use and filing in the Marietta Municipal Court.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Marietta Municipal Court.
Page 9 | 8.06 Electronic Tickets in Lieu of an Ohio Uniform Traffic Citation
Filing Timing and Cure Windows
An electronic or fax filing received after 4:00 p.m. is deemed filed on the next business day, at the date and time stamped by the Clerk.
If the Clerk receives an electronic or facsimile filing after 4:00 pm, the filing shall be deemed filed on the next business day on the date and time the clerk time stamps the document received.
Page 7 | 7(c)
The Clerk must accept filings 24 hours a day.
The Clerk shall accept filings twenty-four (24) hours a day.
Page 7 | 7(c)
A party seeking to present witness testimony by telephone or video must submit a written request at least five days before the proceeding, although the Court may modify the period for good cause.
Parties who wish to provide witness testimony telephonically or by video conferencing shall submit a written request to the Court no less than five (5 ) days before the Court proceeding in which they intend to present the witness' testimony. For good cause shown the Court may modify the above time period.
Page 8 | 8.05(d) Witnesses
A request for a view by the trial jury must be made at least fourteen days before trial.
A request for a view by the trial jury shall be made at least fourteen (14) days prior to trial.
Page 10 | 13.0 Jury View
Proposed jury instructions must be filed in the Clerk’s Office seven days before trial in all jury cases.
Proposed jury instructions shall be filed in the Clerk's Office on all jury cases, seven (7) days prior to trial.
Page 10 | 12.0 Jury Instructions
The appointment entry must be filed immediately upon selection of an attorney, unless the Judge determines the attorney is unsuitable for that defendant or case.
Immediately upon selection of an attorney, the Judge will file the appropriate entry appointing the attorney, unless the Judge decides that the attorney is not suitable for that particular defendant or that case.
Page 11 | CRIMINAL/TRAFFIC DIVISION
Except for motions normally made at trial, motions must be made within the time limits prescribed by the Ohio Rules of Criminal Procedure and/or Ohio Traffic Rules.
All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedures and/or Ohio Traffic Rules.
Page 15 | Motions Practice
Parties wishing to respond in writing to such motions shall do so not later than the fourteenth date following service of the motion or three (3 ) days prior to the scheduled oral hearing date.
Parties wishing to respond in writing to such motions shall do so not later than the fourteenth date following service of the motion or three (3 ) days prior to the scheduled oral hearing date.
Page 15 | Motions Practice
Withdrawal applications made less than seven days before trial will not be approved unless the circumstances could not have been determined seven or more days before trial through reasonable diligence.
Withdrawal of counsel will not be approved if application is made less than 7 days before trial except for circumstances which by reasonable diligence could not be determined seven or more days prior to trial.
Page 15 | Withdrawal of Counsel
Motions other than those normally made at trial must be made within the time limits prescribed by the Ohio Rules of Civil Procedure.
All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil Procedures.
Page 17
Unless waived or modified by the judge or magistrate, the pretrial statement must be filed at least seven days before the pretrial conference.
Unless waived or modified by the Judge or Magistrate, at least seven days before the pretrial conference, the parties shall file a pretrial statement which shall include the following:
Page 18
Jury-trial requests must comply with Civil Rule 38; for restitution hearings in forcible entry and detainer actions, the request must be filed at least two business days before the scheduled hearing.
Requests for trial by jury shall be made in accordance with Civil Rule 3 8. In regard to restitution hearings in forcible entry and detainer actions, requests for trial by jury shall be filed at least two (2) business days prior to the scheduled hearing.
Page 18
Proposed jury instructions must be submitted seven days before trial unless the Court orders otherwise.
Proposed j ury instructions shall be submitted to the Court seven ( 7) days prior to the scheduled jury trial or as otherwise ordered by the Court.
Page 19
Cases with no motion, affidavit, pleading, or entry for six months—or three months in Small Claims—shall be dismissed without prejudice at the plaintiff's cost.
All cases not reduced to j udgment, which have remained on the docket for six ( 6) months or three (3) months in Small Claims Cases without the filing of any motion, affidavit, pleading or entry shall be dismissed by the Court, at plaintiffs cost, without prejudice to a new action.
Page 19 | 23.0 DISMISSALS FOR FAILURE TO PROSECUTE
Special proceedings must be set for hearing within any Ohio Revised Code time limit, or, in other special proceedings, within a reasonable time not exceeding 90 days.
Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.
Page 20 | 27.01 Scheduling of Events
If the settlement entry is not received within 14 days after notice that the case is settled, the Court notifies the party that the case will be dismissed unless the entry is received within an additional 14 days.
When a file has been marked as settled and the entry has not been received within fourteen (14) days of said notice, then the Court shall notify the party that the case will be dismissed unless the entry is received within an additional fourteen (14) days from the date of the notice.
Page 20 | 26.02 Clerical Steps
A party must obtain service within six months after filing the complaint, or three months for a Small Claims complaint; after failure, the Court gives notice of dismissal in 30 days unless good cause is shown.
In the event there is a failure of service, the Clerk shall immediately notify counsel or the party, if pro se. If the party fails to obtain service of summons within six (6) months from the date the complaint was filed or three (3) months if a Small Claims Complaint, then the Court shall notify counsel that the case will be dismissed for lack of progress in thirty (30) days unless good cause is shown to the contrary.
Page 20 | 26.02 Clerical Steps
Counterclaims and cross claims must be filed at least seven days before the hearing.
Counterclaims or cross claims must be filed and served at least seven (7) days prior to the hearing.
Page 22 | 27.04 Small Claims Division
The opposing party must respond to an objection within ten days after it is filed, unless the Court orders otherwise.
The opposing party shall have ten ( 1 0) days from the date the obj ection is filed to respond unless otherwise ordered by the Court.
Page 23 | Objections
If the landlord does not request a hearing within two months after filing an escrow petition, the Clerk must set a hearing when that period expires.
If the landlord does not request a hearing within two (2) months from the date of the filing of an escrow petition, the Clerk shall set the matter for a hearing at the expiration of the two (2) months.
Page 24 | 27.05 Rent Escrow
Attorneys should submit bills within 45 days after the last court date; failure to meet payment requirements may result in denial of payment.
Attorneys should submit bills no later than 45 days after the last court date. An attorney may be denied payment for failure to meet the time deadlines or comply with other payment requirements.
Page 13 | Submission of fee and expense application
A written not-guilty plea may be entered before arraignment in compliance with Criminal Rule 10; if approved, counsel and the defendant need not appear at the scheduled arraignment.
"Not Guilty" pleas may be entered in writing prior to the date of arraignment in compliance with the requirements of Crim. R. 10. If the written plea is approved by the Judge/Magistrate, neither counsel nor Defendant are required to appear at the scheduled arraignment.
Page 15 | Written "Not Guilty" Pleas
A withdrawal application generally will not be approved if made less than seven days before trial, unless the relevant circumstances could not have been determined at least seven days before trial with reasonable diligence.
Withdrawal of counsel will not be approved if application is made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven or more days prior to trial.
Page 17
A party seeking a pretrial conference must file its motion at least two weeks before trial; the Court may also initiate a conference.
In any civil action, a pretrial conference may be had upon motion of either party if it is filed at least two (2) weeks prior to the date of trial or upon the Court's own motion.
Page 21 | 27.02 Pretrial Conference, Case Management and Status Conference Procedure
Applications for certification as court-appointed counsel may be filed at any time.
Applicants for certification as court appointed counsel may be filed at any time.
Page 13 | Submission of fee and expense application
Service and Proof of Service Rules
The filing party is responsible for serving all parties.
It remains the filing party's responsibility to serve all parties
Page 7 | 7(c)
When an electronically produced ticket is issued at the scene, the officer must provide the defendant a paper copy.
If any electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 9 | 8.06 Electronic Tickets in Lieu of an Ohio Uniform Traffic Citation
Continuance requests must be served on opposing counsel or the opposing party.
All requests shall be served on the opposing counsel or the opposing party.
Page 15 | Continuances
Except for motions normally made at trial, motions must be served on opposing counsel.
All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedures and/or Ohio Traffic Rules.
Page 15 | Motions Practice
Motions other than those normally made at trial must be served on opposing counsel.
All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil Procedures.
Page 17
Continuance requests must be served on opposing counsel or the opposing party.
All requests shall be served on opposing counsel or party.
Page 17
Summons must be served in accordance with the Ohio Civil Rules of Procedure.
Summons shall be served in accordance with the Ohio Civil Rules of Procedure.
Page 20 | 26.02 Clerical Steps
Counterclaims and cross claims must be served at least seven days before the hearing.
Counterclaims or cross claims must be filed and served at least seven (7) days prior to the hearing.
Page 22 | 27.04 Small Claims Division
The Clerk must set the matter for a hearing and send each listed creditor a copy of the application and hearing notice by certified mail.
The Clerk shall set the matter for a hearing. The Clerk shall send, by certified mail, a copy of the application and a hearing notice to each listed creditor.
Page 24 | 27.08 Trusteeships—Application
Orders in aid of execution must be served and scheduled in the same manner as appearance cases.
Orders in aid of execution shall be served and scheduled in the same manner as appearance cases.
Page 24 | 27.06 Aid of Execution
The Bailiff must serve the sale notice on the parties and attorneys of record, but failure to serve it does not invalidate the sale.
A copy of the notice of the sale of personal property shall be served by the Bailiff to the parties and to attorneys of record in the case. However, failure to serve such notice shall not invalidate the sale.
Page 24 | 27.07 Sales and Confirmation
Additional creditors may be listed in a trusteeship only upon application and service of notice on each additional creditor.
Additional creditors may be listed in the trusteeship only upon application and service of a notice to each additional creditor.
Page 24 | 27.08 Trusteeships—Application
A written request is required for personal service.
Personal Service (written request required)
Page 40 | Civil/Court Costs
Filing Fees and Waivers
A party demanding a jury must deposit the amount set by the fee schedule or court when filing the demand, unless the court approves an affidavit of indigency filed instead of the deposit.
The party making a demand for jury shall at the time of the filing of the demand deposit with the Clerk the sum required by the fee schedule, or as set by the Court, unless an affidavit of indigency affidavit approved by the Court is filed in lieu of the monetary deposit.
Page 18
An appellant must deposit $250 for a court trial or other hearing, or $500 for a jury trial, subject to an additional amount sufficient to cover costs and an indigency exception.
An appellant shall deposit as security, in addition to the appeal bond, a deposit of $250.00 for a trial to the court and all other hearings, and a $500.00 deposit for a jury trial, or such additional sum of money sufficient to include all costs, before the transcript of the docket and journal entries will be prepared. All costs and deposits shall be delivered to and disbursed by the Clerk. No advance security deposit will be required if the Court determines that the party qualifies as an indigent litigant as set forth in R.C. 2323. 3 3 1.
Page 19 | Appeal Bond and Deposit
The required costs for transferring a small claims case to the regular docket must be paid before the transfer will be granted.
A small claims case may be transferred to the regular docket upon filing of motion and affidavit, as required by Ohio Revised section 1 925.10, and upon payment of the required costs. No transfer will be granted until the filing costs are paid.
Page 22 | 27.04 Small Claims Division
The attorney or party requesting a writ in a forcible entry and detainer action must provide the Clerk with the fee required by the fee schedule.
Whenever a writ is filed in a forcible entry and detainer action, the attorney or the party who requests the writ shall provide the Clerk with the filing fee pursuant to the fee schedule.
Page 22 | 27.03 Forcible Entry and Detainer Actions
The fee listed for a Motion for Summary Judgment is $50.00.
29. Motion for Summary Judgment $50.00
Page 41
The Triple Seal fee is $25.00.
26. Triple Seal $25.00
Page 41
The Certified Mail fee is $10.00.
25. Certified Mail $ 1 0.00
Page 41
The Dog Designation Appeal fee is $125.00.
24. Dog Designation Appeal $1 25.00
Page 41
The Bailiff Set Out Fee is $50.00.
27. Bailiff Set Out Fee $50.00
Page 41
The listed costs must be paid when the initial documents instituting the proceedings are filed.
SUCH COSTS ARE REQUIRED TO BE PAID AT THE TIME OF FILING OF THE INITIAL DOCUMENTS INSTITUTING THE PROCEEDINGS.
Page 41
The Appeal Processing Fee is $100.00.
30. Appeal Processing Fee $ 100.00
Page 41
The fee listed for a Motion for Default is $25.00.
28. Motion for Default $25.00
Page 41
No advance deposit is required when the Court determines that a party qualifies as an indigent litigant under R.C. 2323.311.
(b) No advanced deposit will be required if the Court determines that the party qualifies as an indigent litigant as set forth in R.C. 2323.311.
Page 6 | ADMINISTRATIVE RULES — 7.0 COURT COSTS/FILING FEES
Court costs are set from time to time by the presiding Judge through the appended schedule or a later Administrative Order; the schedule is available from the Clerk's Office and the Court website.
(a) Costs shall be determined from time to time by the presiding Judge as appended to these Rules or as hereafter amended by Administrative Order of the Court. The Schedule is available at the Clerk's Office and on the Court's web page at www.mariettacourt.com. Appendix C.
Page 6 | ADMINISTRATIVE RULES — 7.0 COURT COSTS/FILING FEES
A replevin filing costs $200.
Replevin $200.00
Page 40 | Civil/Court Costs
Each additional defendant over two on a complaint costs $10.
Each additional defendant over 2 $ 10.00
Page 40 | Civil/Court Costs
A request for a list of assets and liabilities costs $25.
Request for List of Assets and Liabilities $25.00
Page 40 | Civil/Court Costs
A post-judgment contempt action costs $30.
Post Judgment Contempt Action $30.00
Page 40 | Civil/Court Costs
An action to revive a judgment costs $100.
Action to Revive Judgment $ 100.00
Page 40 | Civil/Court Costs
An execution costs $125.
Execution $ 125.00
Page 40 | Civil/Court Costs
Each additional defendant for a notice to appear and answer costs $10.
Each additional defendant $ 10.00
Page 40 | Civil/Court Costs
A special constable filing costs $61.
S pecial Constable filing $61 .00
Page 40 | Civil/Court Costs
A civil warrant costs $30.
Civil Warrants $30.00
Page 40 | Civil/Court Costs
A complaint in a civil case not otherwise provided for costs $125.
Complaint (any civil case not otherwise provided for) $ 125.00
Page 40 | Civil/Court Costs
A motion to vacate judgment costs $50.
Motion to Vacate Judgment $50.00
Page 40 | Civil/Court Costs
An action to confess judgment upon a cognovit note costs $61.
Action to Confess Judgment Upon Cognovit Note $61.00
Page 40 | Civil/Court Costs
A notice to appear and answer for a debtor's examination costs $30.
Notice to Appear and Answer (Debtor's Exam) $30.00
Page 40 | Civil/Court Costs
A transfer of judgment costs $20.
Transfer of Judgment $20.00
Page 40 | Civil/Court Costs
A $1 garnishee fee is added to a bank garnishment as provided by law.
Bank Garnishment (Add garnishee fee as provided by law $ 1 .00)
Page 40 | Civil/Court Costs
A request for jury trial costs $150.
Request for Jury Trial $1 50.00
Page 40 | Civil/Court Costs
A bank garnishment costs $50, with an additional $1 garnishee fee as provided by law.
Bank Garnishment (Add garnishee fee as provided by law $ 1 .00) $50.00
Page 40 | Civil/Court Costs
Each additional defendant in a small-claims case costs $10.
Each additional defendant $10.00
Page 40 | Civil/Court Costs
Personal service costs $30 and requires a written request.
Personal Service (written request required) $30.00
Page 40 | Civil/Court Costs
A small-claims filing costs $60.
Small Claims $60.00
Page 40 | Civil/Court Costs
A forcible entry and detainer filing costs $125.
Forcible Entry and Detainer $ 125.00
Page 40 | Civil/Court Costs
An amended complaint costs $50.
Amended Complaint $50.00
Page 40 | Civil/Court Costs
A wage garnishment costs $80.
Wage Garnish ment $80.00
Page 40 | Civil/Court Costs
A counterclaim or cross claim costs $61 only if service is requested.
Counterclaim or Cross Claim (only if service is requested) $6 1 .00
Page 40 | Civil/Court Costs
A certificate of judgment costs $15.
Certificate of Judgment $ 1 5.00
Page 40 | Civil/Court Costs
A prejudgment attachment costs $81.
Prej udgment Attachment $81 .00
Page 40 | Civil/Court Costs
A reissued or modified driving letter costs $25.
Reissued/Modified Driving Letter $25.00
Page 40 | Civil/Court Costs
The court may require a deposit in certain cases, such as publications or bailiff sales.
A DEPOSIT MAY BE REQUIRED IN CERTAIN CASES UPON REQUEST OF THE COURT IE: PUBLICATIONS, BAILIFF SALES, ETC.
Page 41
A cost required under this court rule may be waived as provided by Ohio Revised Code 1901.26(B).
ANY COST REQUIRED UNDER THIS RULE OF COURT MAY BE WAIVED AS PROVIDED BY OHIO REVISED CODE 1 9 0 1.26(B).
Page 41
A $25 surcharge must be paid when any cash or surety bond is posted.
NOTE: A $25.00 surcharge is to be paid on all cash and surety bonds at the time of posting.
Page 47
The waiver amount includes the fine and court costs; court costs are $100 for traffic offenses ($81 for seatbelt offenses) and $105 for criminal offenses.
Note: The waiver amount on this table represents the total of the fine plus court costs. Court costs are $100 for traffic offenses (seatbelt $81) and $105 for criminal offenses.
Page 47
A $25 surcharge must be paid when posting any cash or surety bond.
A $25.00 surcharge is to be p a id on all cash and surety bonds at the time of p osting. This is an additional fee imposed by State law.
Page 49 | OVERLOADS
A driving privileges filing costs $61.
Driving Privileges $61.00
Page 40 | Civil/Court Costs
Sealing & Redaction Procedures
Personal identifying information must be redacted.
Personal Identifying Information must be Redacted
Page 3 | ADMINISTRATIVE RULES
When restricting access, the court must use the least restrictive available means, such as redaction, time-limited access restrictions, generic descriptions, or initials.
When restricting public access to a case document of information in a case document, the court shall use the least restrictive means available, including but not limited to the following: Redacting the information rather than limiting public access to the entire documents; Restricting remote access to either the document or the information for a specific period of time; Restricting public access to either the document or the information for a specific period of time; Using a generic title or description for the document or the information in a case management system or register or actions; Using initials or other identifier for the parties' proper names.
Page 32 | RESTRICTING PUBLIC ACCESS
When redaction is ordered, the redacted document and the order must be filed in the case file; when an entire document is restricted, the order must be filed and a journal entry must reflect it.
If a court orders the redaction of information in a case document, a redacted version of the document shall be filed in the case file along with a copy of the court's order. If a court orders that the entire case document be restricted from public access, a copy o the court's order shall be filed in the case file. A journal entry shall reflect the court's order.
Page 32 | RESTRICTING PUBLIC ACCESS
The court must restrict access if clear and convincing evidence shows a higher interest outweighs the presumption of public access after considering the listed factors.
A court shall restrict public access to information in a case document or, if necessary, the entire document, if it finds by clear and convincing evidence that the presumption of allowing public access is outweighed by a higher interest after considering each of the following: Whether public policy is served by restricting public access; Whether any state, federal, or common law exempts the document or information from public access; Whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interests, proprietary business information, public safety, and fairness of the adjudicatory process.
Page 32 | RESTRICTING PUBLIC ACCESS
Social security numbers and other personal identifying information should be redacted before filing, and the parties or attorneys presenting the documents are responsible for redaction.
To protect legitimate personal privacy interests, social security numbers and other personal identifying information should be redacted from documents before the documents are filed with the Court. The responsibility for redacting personal identifying information rests solely with the parties and/or attorneys who present the documents for filing.
Page 6 | ADMINISTRATIVE RULES — 6.0 PERSONAL IDENTIFYING INFORMATION MUST BE REDACTED
A party or person who is the subject of information may request restricted access by written motion; the court may also act on its own order, must notify all parties, and may hold a hearing.
Any party to a judicial action or proceeding or other person who is the subject of information in a case document may, by written motion to the court, request that the court restrict public access to the information or, if necessary, the entire document. Additionally, the court may restrict public access to the information in the case document or, if necessary, the entire document upon its own order. The court shall give notice of the motion or order to all parties in the case. The court may schedule a hearing on the motion.
Page 32 | RESTRICTING PUBLIC ACCESS
Information restricted from public access, including information in documents ordered redacted, must be kept unavailable to the public and maintained separately in the case file.
restricted from public access or information in documents ordered redacted shall not be available for public access and shall be maintained separately in the case file.
Page 33
A person may request access to a restricted case document by written motion; the court must notify all parties and, where possible, the nonparty who sought restricted access, and may schedule a hearing.
Any person, by written motion to the court, may request access to a case document of information in a case document that has been granted restricted public access pursuant to division (E) of Sup. R. 44. The court shal l give notice of the motion to all parties in the case and, where possible, to the non-party person who requested that public access be restricted. The court may schedule a hearing on the motion.
Page 33 | OBTAINING ACCESS TO A RESTRICTED DOCUMENT
When restricting access, the court must use the least restrictive means possible to maximize transparency; examples include redaction, limiting remote access, time restrictions, generic titles, or initials.
When access is restricted, the court will utilize the least restrictive means possible in order to assure the maximum degree of transparency. Such measures may include, but are not limited to, redaction, restriction of remote access, time, generic titles in case management systems, or initials in place of parties' actual names.
Page 33
The Court may restrict public access on a party’s or nonparty’s motion or on its own motion, based on clear or convincing evidence that a higher interest outweighs the presumption of access, and may consider the listed factors.
Public access to a case document or information in a case document may be restricted upon the motion of parties or nonparties in a legal proceeding or upon the Court's own motion. The Court will decide whether or not to restrict access based on clear or convincing evidence that the presumption of public access is outweighed by some other higher interest. The Court may consider any of the following in deciding the presence or absence of a higher interest: ( 1 ) whether public policy is served by restricting public access; (2) whether any state, federal, or common law exempts the document or information from public access; (3) whether factors that support restriction of public access exist, including risk of injury to persons, individual privacy rights and interests, proprietary business information, public safety, and fairness of the adjudicatory process.
Page 33
The court may restore public access upon clear and convincing evidence that a higher interest no longer outweighs the presumption of access, considering whether the original basis for restriction has ended and whether new circumstances warrant continued restriction.
A court may permit public access to a case document or information in a case document if it finds by clear and convincing evidence that the presumption of allowing public access is no longer outweighed by a higher interest. When making this determination, the court shall consider whether the original reason for the restriction of public access to the case document or information in the case document pursuant to division (E) of Sup. R. 44 no longer exists or is no longer applicable and whether any new circumstances, as set forth in that division, have arisen which would require the restriction of public access.
Page 33 | OBTAINING ACCESS TO A RESTRICTED DOCUMENT
When providing public records for inspection or copying, the Court must notify the requester of redactions or make them plainly visible.
When making public records available for public inspection or copying, the court shall notify the requester of any redaction or make the redaction plainly visible.
Page 36 | DENIAL OR REDACTION OF RECORDS
Each redaction must have a supporting explanation that includes legal authority and/or a copy of the journal entry restricting access.
If there are redactions, each redaction must be accompanied by a supporting explanation, include legal authority and /or a copy of the journal entry restricting access to the information or record.
Page 36 | DENIAL OR REDACTION OF RECORDS
The Court may redact exempt or restricted portions of a partly public record and release the remainder.
If portions of a record are public and portions are exempt or restricted, the exempt or restricted portions may be redacted and the rest released.
Page 36 | DENIAL OR REDACTION OF RECORDS
Pre-Motion Conference Requirements
Written responses to the relevant motions are due no later than the fourteenth day after service or three days before the scheduled oral hearing, as applicable.
Parties wishing to respond in writing to such motions shall do so not later than the fourteenth day following service of the motion or three (3) days prior to the scheduled oral hearing date.
Page 17
Adjournment & Extension Requirements
Continuance requests must be made by written motion, show good cause, state the date and reasons, and ordinarily be made at least seven days before trial; the rule also specifies required conflict documentation and accompanying entries.
Every request for a continuance shall be by written motion and will only be granted upon showing of good cause. All requests shall be served on the opposing counsel or the opposing party. The motion shall set forth the date from which a continuance is requested and reasons for the requested continuance. If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial and date, and if agreed to by opposing counsel. No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven (7) or more days prior to trial.
Page 15 | Continuances
A continuance must be requested by written motion, supported by good cause, served on opposing counsel or the party, and state the requested-from date and reasons; prior trial conflicts require the scheduling date and attached notice, and an accompanying entry must provide blanks for the new trial time and date and indicate whether opposing counsel agrees.
Every request for a continuance shall be by written motion and will only be granted upon showing of good cause. All requests shall be served on opposing counsel or party. The motion shall set forth the date from which a continuance is requested, reasons for the continuance and certificate of service on opposing counsel and/or client. If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.
Page 17
A continuance request generally will not be considered if made less than seven days before trial, unless the relevant circumstances could not have been determined at least seven days before trial with reasonable diligence.
No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven (7) or more days prior to trial.
Page 17
Chambers Communication Rules
If it is established that a document was electronically signed in violation of these rules, then the party shall notify the court and the opposing party of any suspected violation.
If it is established that a document was electronically signed in violation of these rules, then the party shall notify the court and the opposing party of any suspected violation.
Page 7 | 8.01 Electronic Signatures & Use of Electronic Records
The sender must confirm that the filing was received.
It is the responsibility of the sender to confirm receipt of the filing.
Page 7 | 7(d)
An appointed attorney must maintain a working phone with an administrative assistant or voicemail to respond promptly to calls from the Court or defendant.
The attorney must have a working phone with an administrative assistant or voicemail in order to respond timely to calls from the Court or the defendant.
Page 12 | CRIMINAL/TRAFFIC DIVISION
An appointed attorney must maintain and regularly check a municipal court mailbox for scheduling entries and case communications, unless the Court establishes and approves an alternative or electronic communication method.
The attorney must also have a mailbox at the municipal court and is responsible for checking the mailbox on a regular basis so as to remain informed of scheduling entries and other case-related communication unless an alternative or electronic form of communication has been established and approved by the Court.
Page 12 | CRIMINAL/TRAFFIC DIVISION
The date and time for an oral hearing on a motion must be obtained from the Assignment Commissioner.
A date and time for oral hearings on motions must be obtained from the Assignment Commissioner.
Page 15 | Motions Practice
A person whose public-records request was not adequately addressed should contact the Court Administrator in writing or by email.
Any person who believes that his/her records request has not been adequately addressed by the Court should contact the Court Administrator either in writing (by delivering a letter to the counter or mailing it to the Court, 259 Butler St. , Marietta, OH 45750) or via email at jasonhamilton@mariettaoh.net
Page 38 | REMEDY FOR DENIAL OF ACCESS TO PUBLIC RECORDS
For a distracted-driving charge, the waiver schedule directs the person to contact the Court.
Distracted Driving Contact the Court
Page 46 | Schedule of Waivers and Bonds — Minor Misdemeanor Traffic and Criminal