Marysville Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A late motion to continue a bench trial must be accompanied by the defendant’s signed waiver of the right to a jury trial or it will be denied.
- No continuance may be granted, even upon a waiver of time, if the defendant is not incarcerated pending trial for more than 24 hours after entering a plea.
- A continuance or rescheduling request is granted only on a timely written motion that includes all other parties’ approval by signature or telephone consent, or states that they were consulted and identifies any party that does not consent.
- +5 more
Request must include
Document Format Requirements16 rules
Final entries shall be endorsed within the bottom two inches of the last page with the words "FINAL APPEAL· ABLE ORDER." Said endorsement shall be in capilal letters and shall be highlighted by bold face type, large print, underlining, or shading.
- Final entry
Formatting
- •Use the words "FINAL APPEALABLE ORDER" in capital letters
B. Precipcs and subpoenas must be submitted on forms approved by the Coun.
Reports shall be on a fonn approved by the Coun.
Formatting
- •Reports shall be on a form approved by the Court
The summons, questionnaire, and trial assignment shall be written in plain, simple English, intelligible to persons unfamiliar with the legal and jury system.
All pleadin8s and motions shall be legibly typewritten or printed on white paper 8-1/2 X 11 inches in dimension securely bound at the top, left comer.
- Paper size
- Letter
- Binding
- Securely bound
- Pleading
- Motion
Formatting
- •Documents must be legibly typewritten or printed on white paper
The first page of all pleadings and motions and entries shall provide blank space sufficient to accommodate a file stamp
Motions and entries may not be joined on the same page or on opposite sides of the same sheet. The Clerk shall not accept any such motion/entry for filing.
Before final judgment, the listed license-suspension and vehicle-relief applications must be made as motions filed in the underlying or related traffic case.
Court's wording
The foUowing shall be made in !he fonn of a motion filed in !he underlying or related traffic case only if final judgment is not yet rendered in said case: (I) Applications for hearing seeking tennination of Administrative License Suspension. R.C. § 4511.19l(H). (2) Applications for modified or other driving privileges during Administrative License Suspension. (3) Applications for relief from vehicle forfeiture or immobilization or J.D. plate impoundment [R.C. 4503.235) filed by any person claiming ownership of the vehicle.
(c) be signed, in ink by the applicant.
Applications must be in writing and must:
I. The Clerk may reject jury demands and written pleas not submitted on fonns approved by the Court.
Reports shall not be modified once filed. However, new reports relating to new matters or developments may be filed subsequent to the filing of the initial repon.
The margin of the top of each page shall be at least one inch (1.0 in.).
- Margins
- Top 1 inch
Pleadings and motions must be printed on one side per page.
Facsimile signatures shall be treated as original for purposes of this rule.
Facsimile transmissions should include either a facsimile cover sheet or a cover letter which indicates facsimile transmission, but not both.
Document Filing Requirements39 rules
Before a judgment entry on a warrant-of-attorney confession of judgment is filed, the original note must be exhibited to the Court and presented to the clerk for endorsement.
Court's wording
Before aJudgment Entry is filed in cases of confession of judgment by warrant of an attorney on a promissoiy note, the original note shall be exhibited to the Court and presented to the clerk of this Court, who shall endorse thereon. the fact that the note is in judgment. The Entty of Judgmem shall not be tiled until this is done.
Motions 10 be ruled upon by the Court without a hearing shall be in writing accompa- nied by a memorandum stating with specificity the factual and legal grounds therefor. Memo· randa must cite authority and relate the same to the specific facts of the case.
A property pledge for bail must be accompanied by an attorney's title certificate justifying equity of at least twice the bail amount, to the Judge's satisfaction.
Court's wording
Any pledge of property for bail shall have, accompanying the initial papers therefor, an anomey's certificate of tide which includes a justification of sufficienc equity to cover twice the bail amount. Said justification must appear to equal the requisite amount of equity, to che satisfaction of the Judge. before being accepted by the Clerk.
D. Motions for default judgment not accompanied by a proposed judgment entry shall not be accepted for filing and will be returned by the Clerk.
When required for a late motion to continue a bench trial, the jury-trial waiver must be signed by the defendant.
Court's wording
E. Where a defendant has a right to a lrial by jury trial, a motion to continue a bench trial filed after the expiration of the time within which to file jury demand shall be denied unless accompanied by a waiver of the righl to a trial by jury signed by the defendant.
If issuance of !he writ is 10 be delayed by consent of the parties, a timely entry must be submitted setting forth the circumstances under which the writ shall be issued.
If a settlement agreement shall not be fully executed by that date, the judgment shall provide for dismissal subject to the tcnns of a written settlement agreement subject to the jurisdiction of the Coun to enforce the agreement upon default and motion to reopen. Alternatively, a settlement enay may provide for judgment with terms delaying execution.
D. Final judgment entries shall state bow costs will be assessed.
D. When requesting a continuance due to conflicting trial dates, a file-stamped copy of the assigrunent of the conflicting case must be attached to the motion.
A continuance or rescheduling motion must include a proposed journal entry identifying the moving party, grounds, proceeding, and blank rescheduled-date space, and showing that copies were sent to counsel and unrepresented parties.
Court's wording
C. The motion for continuance or to resched· ule must be accompanied by a proposed journal entry that (I) Identifies the moving party; (2) States the grounds for the request; (3) Identifies the type of hearing (amign- ment, preliminary, bond ... ) or trial (bench or jury) sought to be continued or rescheduled; and (4) provides an appropriate blank space for the Coun to fill in a rescheduled date. (5) Shows by suitable marks, or otherwise, photocopy sent to counsel of record, and any pany not represented by counsel, i.e., "cc: ... ,• or "pc: .... "
A. Counsel for the pany in whose favor an order or judgment is rendered following a contested hearing shall prepare an appropriate judgment or journal entry. The entry shall be submitted to opposing counsel within live (5) days of the decision.
B. The signature of counsel or a party con- stitutes a certification that counsel or the party has personally read the pleading; and that to said person's best information, knowledge and belief there is good ground to suppon it; and that it is not interposed for delay.
- Document
- Pleading
- Placement
- Signature block
A. Every pleading and motion of a party represented by an aaomey shall be signed by at least one anomey of record in his individual name, whose address, phone number, and Ohio Supreme Coun Registration Number shall be stated.
A party not represented by counsel present. shall sign his/her own pleading and state his- /her address and phone number.
If the defendant files a timely request for discovery more than founcen days after arraignment, he/she shall be prepared 10 provide a complete written response to a timely request for discovery from the prosecution at the pre-trial conference.
Conferences shall be conducted by coun- sel who shall prepare, execute, and file a repon immediately upon the conclusion thereof.
To take a case out of jury-trial assignment based on waiver, the waiver must be written, bear the caption and case number, and be executed by the defendant; a qualifying companion-case waiver applies to all cases bearing that number, while oral notice or a counsel-only waiver does not suffice.
- Document
- Jury trial waiver
Must include
- •Caption
- •Case number
Court's wording
(I) upon receipt of a written waiver of the right to a jury trial bearing the caption and case number and executed by the defendant. A jury waiver filed in cases involving two or more companion cases that bears a case number without the capital letter designatiop of one or more of 1he individual cases shall be deemed to be a waiver as to all cases bearing that case number. Oral notice or request by counsel or a party, or a written waiver executed only by counsel shall not be cause for taking a case out of assignment for a jury trial:
The jury summons shall include the background questioMaire and notice of the initial trial assignment above discussed.
Counsel shall prepare the notice of hearing to be signed by the trial judge, leaving the date blank.
B. No motion will be considered unless accompanied by a proposed entry granting the relief sought.
Such consent will be granted only after written notice to the client stating the time, date, and place where such Motion will be bean!.
ii. been released on bond or personal recogni·zance. the complaint shall be accompanied by all of the following: (a) a precipc executed by the appropriate City. Village or County Prosecuting Anomey, or an assistant thereof, requesting issuance of an arrest wamm. (b) a summons executed by the Clerk. a deputy clerk, or a person authorized by Crimi·nal Rule 46 to release the defendant on bond. (cl a properly executed rcrum showing service of both the complaint and summons upon defendant.
(2) In the case of a Uniform Traffic Citation, the complaint snail be accompanied by a summons executed by the appropriate law enforce·ment officer.
If the defendant has not been arrested, the complaint must include either a prosecutor’s precipe requesting a warrant or summons, or an executed summons and return showing service of both documents.
Court's wording
a. if the defendant has not been arrested. the complaint shall be accompanied by one of the following: i. a precipe executed by the appropriate City, Village or County Prosecuting Anomey. or an assistant thereof, requesting issuance of an arrest warrant or a summons. ii. a summons executed by the Clerk. a deputy clerk, or a person authorized by Criminal Rule 46 to release the defendant on bond. and a properly executed recum showing service of both the complaint and summons upon defendant.
A complaint accompanied by a previously served summons is accepted only if the appearance date falls within the stated period or the defendant has not been released on bond; a pretrial driving suspension requires an appearance date 24 hours to 15 days after filing is offered.
Court's wording
(3) A new complaint accompanied by a summons previously served shall not be accepted for filing unless the summons requires the defendant's appearance no sooner than four days. nor more than fifteen days following lhe dare that the complaint is offered for filing. or unless the defendant has not been released on bond. If the defendant is subject to a pretrial suspension of driving privileges upon a complaint or an accompanying complaint, the complaint shall not be accepted unless the summons requires the defendant's appearance no sooner than twenty-four hours, nor more than fifteen days following the date that the complaint is offered for filing.
8. The Clerk shall not accept for filing any criminal or traffic complaint that does not include at least one of the following identifiers for the defendant: (I) Social security number, (2) Ohio driver's license number, (3) Date of binh.
If the defendant was arrested without a warrant and has not been released on bond, the complaint must include a prosecutor’s precipe requesting an arrest warrant.
Court's wording
if the defendant was arrested without a warrant pursuant 10 law and has i. not been released on bond, the complaint shall be accompanied by a precipe executed by the appropriate City, Village or County Prosecuting Anomey, or an assistant thereof. re-questing issuance of an arresr warrant;
Without leave of Court, a bad-check theft complaint will not be accepted when a prior complaint against the same defendant concerning the same vendor, person, or entity remains pending and alleges an offense within ninety days of the new offense.
Court's wording
The Clerk shall not accept for filing, without leave of Court, a complaint alleging a theft offense relating to passing bad checks if all of the following apply: {I) there has previously been filed in this Coun a theft complaint against the same defendant relatiJ,g to passing bad checks to the same vendor, person, or entity; (2) said complaint has nor been dismissed; (3) the offense in such prior case was alleged to have occurred within ninety days of the date of the offense alleged in the last offered com-plaint.
Pleadings arxl motions musr be accompanied by a cover sheet or letter that identifies each individual document in the transmission by name and number of pages thereof.
C. Where a defendant is alleged to have passed more than one bad check to the same vendor. person, or entity prior to the filing of the complaint, aU such individual offenses shall be joined in one complaint.
Payment from the Fund to an agency eligible for or receiving other government substance-abuse-treatment funding requires a written application and court approval, and approval is barred if it would foster waste of government resources.
Court's wording
For persons receiving 1rea1menl in a county in which multiple agencies provide services, no paymem from the Fund shall be made roan agency that is eligible 10 receive. or that does receive other government funding for substance abuse treaanent, except upon wrinen application co. and approval by. the Coun. No such application will be approved where this would foster waste of government resources.
Invoices seeking payment from the Fund must include the offender and case identifiers, verification of the Court referral and program designation, and, for out-of-county providers, the required certification.
Court's wording
Invoices for payment from the Fund muse include each of the following: (I) Name. address, and social security number of the offender. and the case number(s) of the case(s) in which the Coun made the referral: (2) Verification of the referral by the Coun for treaanem, and the designation by the A.D.A.M.H.S. Board of the program: (3) For providers located outside of Union County. the invoice must include a cenification from Union County A.D.A.M.H.S. Board, or its designee. that the provider satisfies all requirements sec fonh in this rule for paymem from the fund.
The refeml shall be in writing, tiled with case showing the basis thereof.
All entries. except pretrial orders covered by Civil Rule 53(C)(3)(a). shall include a provi- sion whereby the coun may sign the same to become effective immediately without delay for objections.
Applications must certify eligibility, identify the citation, include the required payment, speedy-trial waiver, voidable guilty plea, and insurance proof, and meet the stated signature and filing requirements.
Court's wording
(I) Applications must be in writing and must: (a) cenify that the applicant is eligible to participate: (b) specifically refer to the citation(s) sought to be dismissed by citation number or case number. or by attaching a copy of the subject citation. (c) be signed, in ink by the applicant. (d) mclude full payment, equal to that which would otherwise be required for processing of the ciiation(s) by the Traffic Violations Bureau. Personal checks may be not be accepted. (e) be med prior to the date on which a plea would be required in the case under the Ohio Traffic Rules. (f) include a written waiver of speedy trial requirements. (g) include a written guilty plea, voidable upon timely, successful completion of the Program. (h) include proof of insurance.
The applicant must file proof of completing the specified certified driver safety course with the Clerk.
Court's wording
(2) Upon timely filing of a properly com- pleted application the applicant shall file with rhe Clerk, within thirty days of !he last day on which a timely application could be filed, proof of completion of a driver safety course state certified for deduction of two points from the applicant's driving record under R.C. § 4507-.021.
A notice of trial shall be issued together with the summons and complaint
(4) Each pleading and motion received by facsimile shall be file-stamped by the Clerk as an original.
Pre-trial statements shall be filed by all parties with the Coun at least three (3) days before date of the pre-trial conference and shall include: (I) The facts giving rise to the claim for relief. (2) A brief statement of the issues. (3) Propositions of law with at least two authorities cited. (4} A list of wimcsses. (5) Identification of exhibits. (6) A demand, or offer for settlement. (7) An estimate of trial time.
Filing & Service rules
Electronic Filing Rules
Original documents, including exhibits, cognovit notes, and photographs, may not be filed electronically.
(3) Original documents (cg. exhibits. cognovit nores, photographs) shall not be filed electronically.
Page 18 | Electronic Filing and Service
A pleading requiring a deposit may be transmitted electronically if otherwise allowed and accompanied by the specified counsel-account card information and written authorization.
(5) Pleadings required to be accompanied by a deposit may be transm itted electronically if otherwise allowed and if accompanied by a valid MasterCard or Visa Credit Card number on an 2ccount in counsel's name (with expira·tion date and name of card holder) and a writ·ten request of counsel authorizing the charge.
Page 18 | Electronic Filing and Service
Nonverified pleadings and motions may be filed by facsimile when the Ohio Civil or Criminal Rules permit it.
Where pennitted by the Ohio Civil or Criminal Rules. nonverified pleadings and motions. may be filed by facsimile transmission.
Page 18 | Electronic Filing and Service
Proposed entries that otherwise comply with the Local Rules may be submitted by fax.
Proposed entries otherwise in compliance with the Local Rules may be submitted by facsimile.
Page 18 | Electronic Filing and Service
Filing Timing and Cure Windows
When no law or rule sets the filing time, a pleading or amended pleading is due by the fourteenth day after the entry requiring or granting leave, unless that entry specifies otherwise.
In all cases where the time for filing of a pleading or amended pleading is not fixed by law or rule. the pleading or amended pleading shall be filed on or before the fourteenth (14th) day after the tile date of the entry requiring or granting leave for the ftling of such pleading or amended pleading. unless otherwise specified in the entty.
Page 6 | Rule Days Not Fixed by Law
Leave to file a summary-judgment motion without a request is granted until 30 days before trial.
Leave is granted without request until thirty days prior to trial to file motiollS for summary judgment,
Page 7 | Case Management in Civil Cases
Written pleas must be filed before 4:00 p.m. on the day before the scheduled arraignment.
C. Written pleas must be filed before 4:00 pm on the day preceding the dale on which the ,, arraignment is scheduled
Page 7 | Case Management in Criminal Cases
A motion for default judgment must be filed within 30 days after the answer or 10 days after the Clerk’s notice of default, whichever comes first.
C. If service is perfec!ed and a defendant is in <let.lilt, a motion for deflitilt judgment must be filed within thirty days of the answer or ten days of notice of default by the Clerk, which- ever is earlier.
Page 7 | Case Management in Civil Cases
If the Court decides to issue a writ of restitution, the plaintiff must submit a journal entry within five days of the hearing.
If the Court decides in favor of the issuance of a writ of restitution, the plaintiff shall submit a journal entry wilhin five days of the hearing.
Page 8 | Special Proceedings
The prepared judgment or journal entry must be submitted to opposing counsel within five days of the decision.
The entry shall be submitted to opposing counsel within live (5) days of the decision.
Page 9 | Entries
A final judgment entry must be submitted within thirty days of the date set for trial.
C. A fmal judgment entry must be submitted within thirty days of the date set for trial.
Page 9 | Entries
The entry must be submitted to the judge for signature no more than fifteen days after the decision.
An eruzy shall be submitted to the judge for signa- tu rc no more than fifteen days after the deci- sion.
Page 9 | Entries
Opposing counsel must approve or reject the entry within five days and return it or submit it to the judge.
Opposing counsel shall approve or reject the entry Within live (5) days and re rum it or submit it to the judge.
Page 9 | Entries
All parties must file pretrial statements with the Court at least three days before the pretrial conference.
B. Pre-trial statements shall be filed by all parties with the Coun at least three (3) days before date of the pre-trial conference
Page 10 | Pre-trial Procedure In Civil Cases
Absent good cause, subpoena requests must be filed with the Clerk at least three working days before trial for the Clerk to be required to issue subpoenas or the Bailiff to be required to serve them.
Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor shall the Bailiff be required to serve the same, unless requests are filed with the Clerk at least three (3) working days prior to the time for trial.
Page 11 | Subpoenas
A motion concerning a known or reasonably knowable discovery failure must be filed before the Pretrial Hearing.
(3) Any motion relating 10 a failure of either party to comply with discovery rules, which failure is known or should be known prior to the Pretrial Hearing, must be filed and served prior the Pretrial Hearing.
Page 11 | Pre-trial Procedure in Criminal Cases
The conference report must be filed immediately after the conference concludes.
Conferences shall be conducted by coun- sel who shall prepare, execute, and file a repon immediately upon the conclusion thereof.
Page 11 | Pre-trial Procedure in Criminal Cases
A motion to withdraw must be filed at least fourteen days before trial, and withdrawal is permitted only with the client's written consent and substitute counsel's appearance or upon good cause and court consent.
Counsel for any party shall be permitted 10 withdraw from an action upon written mo- tion filed no1 less than fourteen days prior to the date set for trial only (I) with the written consent of the client and the entry and appearance of substirute counsel, or (2) upon showing of good cause and consent of the Court.
Page 16 | 21. Withdrawal of Counsel
The Clerk will not file the document until the deposit or fee charge is verified.
Such documents shall not be filed by the Clerk until the charge for the deposit or fee is verified.
Page 18 | Electronic Filing and Service
A pleading or motion sent by fax is not deemed filed until the Clerk receives and file-stamps it, and illegible copies may be rejected.
(I) No pleading or motion transmitted by facsimile shall be deemed flied until received and file-stamped by the clerk. Illegible copies may be rejected by the Clerk.
Page 18 | Electronic Filing and Service
Equipment malfunction during transmission or receipt is not excusable neglect for an untimely filing.
(2) Equipment malfunction at the point of transmission or receipt shall not be deemed excusable neglect for untimely filings.
Page 18 | Electronic Filing and Service
If the vehicle was not seized or has already been returned, the hearing must be set at least thirty and no more than forty-five days after the application is filed.
If the vehicle was not seized, or has been previously returned, the matter shall be set no sooner than thirty nor more than forty-five days after the application is filed.
Page 20 | Administrative License Suspension, Immobilization, Impoundment, and Forfeiture Appeals and Hearings
The Clerk must set a hearing within thirty days after an Administrative License Suspension appeal is filed after the initial appearance.
An appeal from an Administrative License Suspension filed after the initial appearance shall be set by the Clerk for hearing within thiny days of !he date on which the appeal was filed.
Page 20 | Administrative License Suspension, Immobilization, Impoundment, and Forfeiture Appeals and Hearings
The application must be filed before the date a plea is required under the Ohio Traffic Rules.
(e) be med prior to the date on which a plea would be required in the case under the Ohio Traffic Rules.
Page 22 | 34. Traffic Safety Diversion Program.
(2) Upon timely filing of a properly com- pleted application the applicant shall file with rhe Clerk, within thirty days of !he last day on which a timely application could be filed, proof of completion of a driver safety course state certified for deduction of two points from the applicant's driving record under R.C. § 4507-.021.
(2) Upon timely filing of a properly com- pleted application the applicant shall file with rhe Clerk, within thirty days of !he last day on which a timely application could be filed, proof of completion of a driver safety course state certified for deduction of two points from the applicant's driving record under R.C. § 4507-.021.
Page 22 | 34. Traffic Safety Diversion Program.
Settlement entries may be filed before the hearing or trial, but no later than fifteen days afterward; a late submission may result in dismissal for want of prosecution.
B. Entries of scnlemcnt may be filed at any time prior to the hearing or trial date, but not more than fifteen days after said date. Failure to timely submit a settlement entry may result in dismissal for want of prosecution.
Page 9 | Entries
The Clerk may file facsimile transmissions received after 3:00 p.m. on the court date immediately following the date of receipt.
The Clerk may file facsimile transmissions received after 3:00 pm on the court date immediately following the date of receipt.
Page 18 | Electronic Filing and Service
If a timely application is filed and the seized vehicle has not been returned, the Clerk must set the hearing no more than ten days after the application is filed.
Where an owner files a timely application for relief from forfeiture, immobilization, or impoundment, and the vehicle, previously seized, has not been returned to the owner, the Clerk shall set the matter for hearing not more than ten days following the date on which the application is filed.
Page 20 | Administrative License Suspension, Immobilization, Impoundment, and Forfeiture Appeals and Hearings
Service and Proof of Service Rules
If certified-mail service is returned as described, the clerk must promptly issue regular-mail service and notify the plaintiff.
If certified mail service is so rerumed. the clerk shall fonhwith issue regular mail service and notice thereof to the Plaintiff.
Page 6 | Case Management in Civil Cases
Process must be served in accordance with the Ohio Rules of Civil Procedure.
Process shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 6 | Case Management in Civil Cases
A motion concerning a known or reasonably knowable discovery failure must be served before the Pretrial Hearing.
(3) Any motion relating 10 a failure of either party to comply with discovery rules, which failure is known or should be known prior to the Pretrial Hearing, must be filed and served prior the Pretrial Hearing.
Page 11 | Pre-trial Procedure in Criminal Cases
The jury summons must be delivered by ordinary mail and explain how and when the recipient must respond and the consequences of failing to respond.
(1) The summons shall be deliven:d by ordinary mail, and shall explain how and when the rec1p1ent must respond, and the consequences of failure to respond.
Page 14 | Jury Management
If certified mail service is requested, prior notice of rcrum of service marked unclaimed or refused is waived unless reserved in writing.
If certified mail service is requested, prior notice of rcrum of service marked unclaimed or refused is waived unless reserved in writing.
Page 6 | Case Management in Civil Cases
If personal or regular-mail service has failed forty-five days after the complaint is filed, the clerk must notify counsel or an unrepresented plaintiff; the text then begins a ten-period request requirement but is cut off.
In the event there is a failure of personal or regular mail service forty-five days after tiling of the complaint, the clerk shall notify counsel, or plaintiff if not represented. If plaintiff fails ro request other service within ten
Page 6 | Case Management in Civil Cases
The Clerk may issue a subpoena upon presentation of a completed subpoena and a praecipe for alternative service, and the requesting party is responsible for providing that service.
Within three (3) working days, the Clerk may issue a subpoena if the party requesting the same presents a completed subpoena ready for signarure together with a precipe providing for service other than by the bailiff or law enforcement officer as provided by the Rules; the party requesting service shall be responsible for providing service.
Page 11 | Subpoenas
The Clerk may serve entries, assignments, and court correspondence by facsimile when the recipient is equipped for it or requests it, and may transmit those documents without a cover sheet.
The Clerk may serve entries. assign-ments. and court correspondence by facsimile transmission wherever the recipient is so equip·ped or requests such service. Such documents may be transmitted without cover sheet.
Page 18 | Electronic Filing and Service
Small-claims summonses are served under the Civil Rules, and the notice of trial, summons, and complaint must be served on defendants within seven days after filing the complaint.
A. Summons on complaints filed in the Small Claims Division shall be served as provided in the Civil Rules. Local Ruic 9(A) & (Bl shall apply. A notice of trial shall be issued together with the summons and complaint to be served upon dcfendant(s) within seven days after the complaint is filed.
Page 8 | Special Proceedings
Filing Fees and Waivers
Civil actions and proceedings generally require a cost-security deposit before the Clerk will accept them for filing, subject to exceptions provided by law.
A. No civil action or proceeding shall be accepted for filing by the Clerk unless the pany or parties offering the same for filing have firsr deposited a sum of money to secure the payment of costs. Except as otherwise provided by law. deposits shall be as follows:
Page 3 | Deposits for Security In Civil Cases
A $75 deposit is due when a civil proceeding begins outside the Small Claims Division and includes a $15 Legal Aid Fund filing fee.
(I) A deposit of $75.00 shall be made at the commcncement of all civil proceedings, except in the Small Claims Division. to secure coun costs which shall be borne by the plaintiff unless otherwise collected from the defendant and paid to the <;lerk. This. deposit includes the filing fee of $15.. 00 for the Legal Aid Fund pursuant R.C. 1901.26(A)(9).
Page 3 | Deposits for Security In Civil Cases
An additional $25 deposit for costs in the trial court is due at the same time as the appeal deposit.
An additional deposit of $25 .00 shall be made at the same time to be applied to costs in this Coun.
Page 3 | Deposits for Security In Civil Cases
A $75 deposit is required when filing a counterclaim, cross-complaint, or third-party complaint.
(2) A deposit of $75.00 shall be made with the filing of a Counter-claim, Cross-Complaint or Third Pany Complaint. Costs shall be borne by the claimant unless otherwise col· lccted from the opposing pany and paid to the Clerk.
Page 3 | Deposits for Security In Civil Cases
A party filing a notice of appeal to the Third District Court of Appeals must deposit $100 or another amount ordered by that court.
(SJ) A deposit of $100.00, or such other a- mount as the Coun of Appeals shall order, shall be made by any pany filing a notice of appeal 10 the Thinl District Coun of Appeals to be forwarded by the Clerk of this Coun to the Clerk of the Coun of Appeals.
Page 3 | Deposits for Security In Civil Cases
A $23 deposit is due when a Small Claims proceeding begins and includes a $7 Legal Aid Fund filing fee.
(3) A deposit of $23.00 shall be made at the commencement of a proceeding in the Small Claims Division. This deposit includes the tiling fee of $7 .00 for the Legal Aid Fund per R.C. I 901.26(A)(9). Costs shall be borne by !he plaintiff unless otherwise collected from the defendant aix1 paid to the Clerk.
Page 3 | Deposits for Security In Civil Cases
In Small Claims, a requesting party must deposit $6 for each requested or required certified-mail piece after the first piece issued by the Court.
An additional deposit of $6.00 shall made by a requesting patty for each piece of cenified mail requested or required to be made due to a request by said patty in this Division for service or otherwise. However, no such additional deposit shall be required for the first piece of cenified mail issued by the Coun in the case.
Page 3 | Deposits for Security In Civil Cases
A party requesting a jury trial in a civil case must deposit $150.
(4) A deposit of $150.00 shall be made by any party requesting a trial of any issue by jury in a civil case.
Page 3 | Deposits for Security In Civil Cases
A $10 charge is assessed for each execution returned unsatisfied, in addition to process-server fees.
B. A charge of $10.00 shall be assessed for all executions returned unsatisfied, in addition to the fees of the process server.
Page 4 | Court Costs
A Replevin Action Bond must be posted for twice the amount of indebtedness.
(Replevin Action Bond must be posted in twice the amount of indebtedness.)
Page 4 | Court Costs
An applicant for the Minor Traffic Violation Diversion Program must deposit with the Clerk an amount equal to the bond and fine otherwise due for the same offense before the application will be considered.
D. No application for panicipation in the Minor Traffic Violation Diversion Program shall be considered until an amount equal co that otherwise due under the Coun's Bond and Fine Schedule for the same offense is first deposited wilh the Clerk to cover costs.
Page 4 | Deposits for Security In Civil Cases
A. In all cases a charge of $15.00 shall be assessed for the proceedings from the commencement of the action co the rendering of judgment. Except in the Small Claims Division, lhe charge shall be $5.00.
A. In all cases a charge of $15.00 shall be assessed for the proceedings from the commencement of the action co the rendering of judgment. Except in the Small Claims Division, lhe charge shall be $5.00.
Page 4 | Court Costs
A $10 charge is assessed for each garnishment proceeding, in addition to Bailiff fees.
C. A charge of S!0.00 shall be assessed for aU garnishment proceedings, in addition to the fees of the Bailiff.
Page 4 | Court Costs
An applicant for special family license plates must deposit $15 before the application will be considered.
C. No application for special (family) license plates shall be considered until the applicant deposits the sum of $15.00 to secure payment of cosrs imposed upon the order suspending operating privileges and impounding vehicle identification plates and registration under R.C. § 4509.IOl(B)(l)(c).
Page 4 | Deposits for Security In Civil Cases
Issuing a Writ of Restitution incurs a $5 charge in addition to Bailiff charges.
F. A charge of $5 .00 shall be assessed for the issuance of a Writ of Restitution, in addition to the Bailiff's charges.
Page 4 | Court Costs
Issuing a Writ of Replevin incurs a $10 charge in addition to Bailiff charges, and a replevin action bond must be twice the indebtedness.
D. A charge of $10.00 shall be assessed for the issuance of a Writ of Replevin, in addition to au Bailiff's charges. (Replevin Action Bond must be posted in twice the amount of indebtedness.)
Page 4 | Court Costs
A $3 charge is assessed in all cases for the Legal Research and Court Technology Fund.
J. In aU cases a charge shall be assessed of (I) $3.00 for the Legal Rese'!rch &. Coun Technology Fund. R.C. § 1901.26l(A).
Page 4 | Court Costs
A defendant seeking sentence modification in a criminal or traffic case must deposit $5 per case, subject to a $45 maximum cumulative deposit for companion charges.
B. In criminal and traffic cases no motion for modification of sentence, including modification of terms or conditions of incarceration, driving privileges, and probation terms. civil action or proceeding shall be considered by the Coun unless the defendant has first deposited lhe sum of $5.00 to secure the payment of cosis on each case in which modifi· cation is sought. The maximum cumulative deposit hereunder for companion charges shall be $45.00.
Page 4 | Deposits for Security In Civil Cases
A $5 charge is assessed for the Special Projects Fund.
(2) $5 .00 for rile Special Projects Fund. R.C. § 1901.26(B).
Page 4 | Court Costs
A $35 charge is assessed for an execution resulting in a sale of chattel property under the writ, in addition to advertising costs.
E. A charge of $35.00 shall be assessed for all executions issued for which a sale of chanel property is had pursuant to the Writ, in addition to the advertising.
Page 4 | Court Costs
A $25.00 charge is assessed when a defendant in a criminal or traffic case fails to appear at a listed or other scheduled hearing.
In criminal/traffic cases, where the Defendant fails to appear at Initial appearance, arraignment, probation violation hearing or any other scheduled hearing a charge of $25 .00 shall be assessed.
Page 5 | Court Costs
A $9.00 State Reparations Fund charge applies in criminal and moving-violation traffic cases, except companion cases.
In all criminal and moving violation traffic cases, except companion cases, a charge of $9 .00 shall be assessed for the State Reparations Fund. R.C. § 2743.70.
Page 5 | Court Costs
A charge applies to motions to modify sentence in criminal and traffic cases, with companion charges capped at $45.00 cumulatively.
In all criminal and traffic cases, a charge of $S .00 shall be assessed for motions for modifications of sentence, including modification of terms or conditions of incarceration, driving privileges. and probation terms. The maximum cumulative charge hereunder for companion charges shall be $45.00.
Page 5 | Court Costs
Successful completion of the Traffic Safety Diversion Program incurs a charge equal to the Bond Schedule amount for the same offense.
For successful completion of the Traffic Safety Diversion Program a charge equal to the amount due under the existing Bond Schedule for the same offense shall be assessed.
Page 5 | Court Costs
A $3.00 computerization-fund charge is assessed when proceedings commence.
A charge of $3.00 shall be assessed for Clerk's Office Computerization Fund upon the commencement of the proceedings. R.C. § 1901.26l(B).
Page 5 | Court Costs
A $15.00 charge applies upon a finding of probation violation or contempt for nonpayment, with companion charges capped at $45.00 per related incident.
In all criminal and traffic cases, a charge of $15.00 shall be assessed upon the finding that the Defendant has violated the tenns of probation. or is in contempt for nonpayment of tines and/or costs. The maximum cumulative charge hereunder for companion charges shall be $45 .00 per related incidence of noncompli· ance.
Page 5 | Court Costs
A $25.00 charge applies to proceedings in appeals to the Third District Court of Appeals, in addition to Court of Appeals fees.
For all appeals 10 the Third District Court of Appeals a charge of $25.00 shall be assessed for the proceedings from the filing of the notice of appeal to the conclusion the appellate process. This fee is in addition to fees assessed by and the Court of Appeals.
Page 5 | Court Costs
A $11.00 State General Revenue Fund charge applies in criminal and moving-violation traffic cases, except companion cases.
In all criminal and moving violation traffic cases, except companion cases, a charge of $11.00 shall be assessed for the State General Revenue Fund. R.C. § 2949.091.
Page 5 | Court Costs
A $75.00 charge is assessed for failure to appear for trial, with only one charge per failure for each case or group sharing the same case number.
Where defendant fails to appear for trial, a charge of $75 .00 shall be assessed. For each failure to appear only one charge shall be assessed for each case or group of cases bearing the same case number regard· less of letter designation.
Page 5 | Court Costs
A $15.00 charge applies in specified cases of late payment of fines and costs, with companion charges capped at $45.00 cumulatively.
A charge of $15.00 shall be assessed in each traffic and criminal case in which (I) the coun allows thirty, or more days to pay fines and costs and all fines and costs are not paid before the thirty-first following the date of journalization of the original entry imposing sentence, or (2) the offender fails to pay all fines and costs before the thirty-first following the date of journalization of the original entry imposing sentence. The maximum cumulative charge hereunder for companion charges shall be $45.00.
Page 5 | Court Costs
A change of plea after the Pretrial Conference incurs a charge equal to actual jury fees or $175.00, whichever is greater.
In the event of a change of plea in a criminal or traffic case after the Pretrial Conference, a charge equal to the acrual jury fees incurred, or $175.00, whichever is greater, shall be assessed.
Page 5 | Court Costs
A $15.00 charge is assessed whenever the court issues a specified order impounding vehicle identification plates and registration.
A charge of $15.00 shall be assessed whenever the coun issues an order impounding vehicle identification plates and registration under R.C. § 4507.164, R.C. § 4507.38, R.C. § 4509.IOl(B)(I)(c), or R.C. § 4511.195.
Page 5 | Court Costs
Applicants must pay the Fine Schedule fee for each eligible citation.
(2) pay a fee equal that on the Fine Schedule for each eligible citation;
Page 21 | 34. Traffic Safety Diversion Program.
Applications must include the full amount otherwise required to process the citations through the Traffic Violations Bureau; personal checks may not be accepted.
(d) mclude full payment, equal to that which would otherwise be required for processing of the ciiation(s) by the Traffic Violations Bure.au. Personal checks may be not be accepted.
Page 22 | 34. Traffic Safety Diversion Program.
An application submitted without full payment or with an inactive credit-card account number for payment is held for naught.
Submission of an application without tender of full payment of the amount due, with an inactive credit card account number for payment, shall be held for naught, and upon failure of defendant 10 timely appear to enter a pica, the case shall be handled accordingly.
Page 22 | 34. Traffic Safety Diversion Program.
Costs may be secured by a bond with surety approved by the Clerk, but a member of the Bar may not act as surety.
(6) Costs may be secured by a bond with surety approved by the Clerk. No member of the Bar shall be accepted as surety.
Page 3 | Deposits for Security In Civil Cases
The Court may require an additional deposit if a deposit is insufficient.
(7) If any deposit is insufficient, the Coun may require an additional deposit.
Page 3 | Deposits for Security In Civil Cases
When one case gives rise to both O.M.V.I. and Concentration charges, costs are assessed only in the case resulting in a sentence, and charges arising from the same facts are filed under one case number.
Where one case gives rise to both an O.M. V.I. and a Concentration charge, costs will be assessed only in the case that resulrs in a sentence. Concentration and O.M.V.I. charges arising out of the same facts shall be filed under the same case number even if not filed concur- remly.
Page 4 | Court Costs
A plaintiff or defendant who files the specified affidavit of inability may have a complaint or other pleading filed without the deposit or security.
(8) Where the plaintiff or defendant files an Affidavit of inability to pay or secure costs as provided in R.C. 2323.31, the Clerk shall receive and file !he complaint or other pleading without such deposit or security.
Page 4 | Deposits for Security In Civil Cases
At the end of litigation, the Clerk applies the remaining cost deposit to unpaid costs.
(9) At the termination of the litigation, the balance the deposit for costs shall be applied by !he Cleric to unpaid cosrs.
Page 4 | Deposits for Security In Civil Cases
Mail service is charged at actual postage cost, but no additional charge applies to the first certified-mail piece in a Small Claims case.
I. A charge shall be assessed equal co the actual postage cost of service by certified mail and regular mail with certificate of mailing. Except, however, there shall be no additional charge assessed for rile first piece of certified mail in Small Claims cases.
Page 4 | Court Costs
Companion cases paid by mail incur an additional $20.00 charge, which the Clerk may waive if the fine-and-cost balance is timely received.
Waiverable companion cases paid by mail shall be assessed additional costs of $20.00, which fee may be waived by the Clerk if the balance of the fine and costs are timely received.
Page 5 | Court Costs
Court payments must use one of the listed payment forms, and the Clerk may reject coinage exceeding one dollar.
Payments for fines, costs, deposits. bonds, waivers. or any other item which is to made to the Coun must be in the form of cash, certified check. money order. check written on an office or trust account of an a1tomey of record, or MasterCard or Visa credit card. The Clerk may reject coinage in excess of one dollar for any payment.
Page 17 | Payments and Deposits
A deposit required for an electronically transmitted pleading must be authorized by counsel using the specified MasterCard or Visa account information and a written request.
(5) Pleadings required to be accompanied by a deposit may be transm itted electronically if otherwise allowed and if accompanied by a valid MasterCard or Visa Credit Card number on an 2ccount in counsel's name (with expira·tion date and name of card holder) and a writ·ten request of counsel authorizing the charge.
Page 18 | Electronic Filing and Service
Additional fees and charges may be assessed as provided by law.
Additional fees and charges may be assessed as provided by law.
Page 5 | Court Costs
A $0.50 charge applies to each piece of regular mail that must be issued to a creditor in a trusteeship.
In trusteeships a charge of $0.50 shall be assessed for each piece of regular mail that must be issued to a creditor.
Page 4 | Court Costs
A $5 charge is assessed for making a Certificate of Judgment.
H. A charge of $5.00 shall be assessed for making a Certificate of Judgment.
Page 4 | Court Costs
A $15 charge is assessed in civil cases filed in or transferred to the regular division.
K. In aU civil cases filed in, or transferred to, the regular division a charge of $15.00 shall be assessed;
Page 4 | Court Costs
The proceedings charge in the Small Claims Division is $5.
Except in the Small Claims Division, lhe charge shall be $5.00.
Page 4 | Court Costs
A $10 charge is assessed for a Judgment Debtor examination.
G. A charge of $10.00 shall be assessed for a Judgment Debtor examination.
Page 4 | Court Costs
A $7 charge applies to cases filed in the Small Claims Division.
and for all cases filed in the Small Claims Division. a charge of $7 .00 shall be
Page 4 | Court Costs
Sealing & Redaction Procedures
Court records are public, and an invoice or other court document marked confidential cannot be maintained as confidential.
Coun records are public records available for inspection as such. Any invoice or other documentation received by the coun 1ha1 is marked ·confidential" cannot, as a maner of law. be maintained as such.
Page 19 | Indigent Drivers Alcohol Treatment Program
Filing Bundling Requirements
An Administrative License Suspension hearing application and an occupational-driving-privileges application may be combined into one application, whether filed in a traffic or civil case.
Applicarions for hearing upon Administ· rarivc License Suspension and for occupational driving privileges during an Administrative License Suspension may be combined into one application whether fded in the traffic case or civil case.
Page 20 | Administrative License Suspension, Immobilization, Impoundment, and Forfeiture Appeals and Hearings
Pre-Motion Conference Requirements
A party opposing a motion on nonfactual grounds must serve and file a response within seven days after service; the movant may reply within five days after service of the response, after which the matter is submitted unless otherwise ordered, and failure to file waives the memorandum and consents to immediate decision.
Within seven (7) days after service of such Motion each party opposing the Motion on other than facrual grounds. shall serve and file a responsive memorandum. The moving party may file a reply memorandum within five (5) days after service of such answer memorandum. Upon expiration of the time for filing memoranda, the mancr shall be deemed submined, unless otherwise ordered by the Coun. Failure to file a memo· randum at the time required is a waiver and consent to submit the issue or case to the Court fonhwith for decision.
Page 6 | Hearing and Submission of Motions
A response to a summary-judgment motion is due within 14 days after service, and the moving party may reply within 5 days after service of the response.
A party who opposes a motion for summary judgment, shall file a response within fourteen days of service thereof; the moving party may file a reply within five days of service of the filing of !he response.
Page 7 | Case Management in Civil Cases
Adjournment & Extension Requirements
A late motion to continue a bench trial must be accompanied by the defendant’s signed waiver of the right to a jury trial or it will be denied.
E. Where a defendant has a right to a lrial by jury trial, a motion to continue a bench trial filed after the expiration of the time within which to file jury demand shall be denied unless accompanied by a waiver of the righl to a trial by jury signed by the defendant.
Page 7 | Case Management in Criminal Cases
A continuance or rescheduling request is granted only on a timely written motion that includes all other parties’ approval by signature or telephone consent, or states that they were consulted and identifies any party that does not consent.
A. Requests to continue or reschedule cases shall be granted only upon a timely filed writ- ten motion. The motion must include either (I) an endorsement by personal signature or telephone consent of approval of all other parties, or counsel if represented. or (2) a statcmcnt that all other parties have been consulted and which, if any, party does not consent, to the continuance requested.
Page 8 | Continuances and Rescheduling of Cases
No continuance may be granted, even upon a waiver of time, if the defendant is not incarcerated pending trial for more than 24 hours after entering a plea.
If defendant is not incarcerated pending trial for more than rwcnr:y-four hours after the plea is entered. no continuance shall be gran!Cd even upon a waiver of time.
Page 8 | Case Management in Criminal Cases
The Court alone may grant continuances, none is granted until an appropriate journal entry is filed, and a continuance request delayed until the proceeding date will not be granted unless the requesting party appears personally.
F. The Coun retains the exclusive authority to grant continuances. No continuance is granted until an appropriate journal entry is filed. Requests for continuances unavoidably delayed until the day of the proceeding sought to be continued, shall not be granted absent the personal appearance of the requesting party.
Page 9 | Continuances and Rescheduling of Cases
(3) Failure to provide a party requesting a continuance with available dates within one business day of receiving a request therefor shall constirute a waiver of any conflict the norunoving party may have on the rescheduled date. Nonmoving parties who do not consent to the continuance requested must nevcnheless provide available dates.
(3) Failure to provide a party requesting a continuance with available dates within one business day of receiving a request therefor shall constirute a waiver of any conflict the norunoving party may have on the rescheduled date. Nonmoving parties who do not consent to the continuance requested must nevcnheless provide available dates.
Page 9 | Continuances and Rescheduling of Cases
A continuance will not be granted for failure to obtain service when the praecipe is requested three or fewer days before trial.
No continuance shall be granted for failure to obtain service if the precipe is requested three or Jess days prior to trial.
Page 11 | Subpoenas
A trial or pretrial conference may not be delayed or continued to explore ADR unless counsel for each party and each unrepresented party provide written assurance that the method is reasonably likely to resolve the dispute.
Trials and pretrial conferences will not be delayed or continued for purposes of exploring Alternative Dispute Resolution methods except upon written assurance by counsel for each party, and each party not represented by counsel, that such method is reasonably likely to result in resolution of the dispute.
Page 20 | Alternative Dispute Resolution
A continuance or rescheduling motion must suggest at least two alternate dates verified with the parties and Clerk; hearing and bench-trial dates must be within ten days of the original date, and jury-trial dates within twenty-one days.
B. The motion must suggest at least two E. If counsel has such a number of cases assigned for hearing or trial as to cause undue delay in the disposition of cases in this Coun, the Coun may require the trial attorney to provide a substirute trial anomcy. If the trial attorney was appointed by the Coun, the Coun may appoint a substirute trial attorney. (I) For hearings and bench trials, the resch- eduled dates suggested shall be no more than ten daVJl before or after the original date. For jury trials the rescheduled dates shall be no more than twenty-one days before or after the original date.
Page 9 | Continuances and Rescheduling of Cases
Chambers Communication Rules
Upon written request, the Clerk may transmit the first file-stamped sheet to the provided fax number; failing to provide a return fax number waives a return file-stamped copy.
The first sheet of such document, once file-stamped, upon written request, shall may be transmitted by !he Clerk to the transmitting party at the facsimile number provided by cover sheet, cover letter, or on the document itself. Failure to provide a return-facsimile number shall be deemed a waiver of a rerurn, ftle-stamped, copy.
Page 18 | Electronic Filing and Service
The Clerk accepts correspondence by facsimile, except commercial solicitations that were not expressly requested.
The Clerk shall accept correspondence, except commercial solicita-tions nor expressly requested, by facsimile transmission.
Page 18 | Electronic Filing and Service