Mentor Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must be submitted in writing at least seven days before the hearing and include a brief stating the reasons and a proposed order.
- A continuance request that remains undecided by the hearing date must be denied.
- Continuance motions based on a hearing or trial schedule conflict are decided under Rule 41(B) of the Ohio Rules of Superintendence.
- A continuance motion submitted within the required seven days will be granted only upon a showing of good cause based on extreme hardship, unforeseen circumstances, or other unavoidable conditions.
- +4 more
Request must include
Document Format Requirements1 rule
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Document Filing Requirements12 rules
and must contain a brief in support setting forth the reasons requiring the continuance along with a proposed order for the Court's review and approval.
- Document
- Continuance motion
Must include
- •Proposed order
For a continuance based on counsel’s conflicting trial or hearing, the motion must include copies of the notices from both courts.
Court's wording
continuance is sought because counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another Court in the State the movant shall append to the motion a copy of the notice received from the other Court, along with a copy of the notice received from this Court.
When a continuance is requested because counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, such request must provide the other court's notice of such assignment, the date of the notice and
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
The journal entry shall state which party will pay the court cost.
Dismissals by telephone will be allowed with written notification to the court to follow within seven (7) days.
Upon filing of motion and affidavit, as required by the Ohio Revised Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.
All offers on felony cases shall be made in writing, prior to the scheduled preliminary hearing.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
Upon perfection of service and the failure of defendant to respond in twenty-eight (28) days, the clerk shall notify counsel that a motion for Default Hearing and Judgment should be filed with the appropriate supporting evidence.
The objections to the Magistrate's findings should state, with specificity, the reason for a new hearing is requested.
The objections to the magistrate's findings should state, with specificity, the reason a new hearing is requested.
Filing & Service rules
Electronic Filing Rules
Motions and Sheriff Fees may be filed with the Court by fax.
Motions and Sheriff Fees may be filed with the Court by facsimile transmission.
Page 2 | RULE 2. FACSIMILE FILING
The Clerk must provide electronic filing service for newly filed civil complaints designated by administrative order, and the service must be available 24 hours a day, seven days a week.
The Clerk shall provide electronic filing service for newly filed Civil Complaints as designated by an administrative order of the presiding Judge. The electronic filing service shall be available twenty-four hours per day, seven days a week.
Page 8 | RULE 12. ELECTRONICALLY PRODUCED TRAFFIC TICKETS & ELECTRONIC FILING OF NEWLY FILED CIVIL COMPLAINTS
Traffic citations must be submitted electronically within 7 days after conviction.
Traffic Citations are submitted by the electronic file submission within 7 days after the conviction.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
The Clerk's Office must electronically report final dispositions and convictions weekly after cases are completed and audited.
Upon completion and audit of all cases, weekly reporting of final dispositions / convictions via electronic submission by the Clerk's Office.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
Filing Timing and Cure Windows
A hard copy and any applicable filing fees must be submitted within five business days after fax filing.
A hard copy and any appropriate filing fee(s) shall be submitted to the Court within five (5) business days of the fax filing.
Page 2 | RULE 2. FACSIMILE FILING
The Clerk of Court must time-stamp a fax transmission promptly upon receipt.
The Clerk of Court shall cause the facsimile transmission to be time-stamped forthwith upon its receipt.
Page 2 | RULE 2. FACSIMILE FILING
Failure to submit an entry within 15 days may result in dismissal of the case.
The failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 3 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
If a settlement entry is not received within seven days after the file is marked “settlement entry to come,” the court will file its own “settled and dismissed” entry.
When a file has been marked "settlement entry to come" and the entry has not been received within seven (7) days, the court will file its own "settled and dismissed" entry.
Page 4 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
Forcible entry and detainer cases must be set for hearing within the time limits established by the Ohio Revised Code.
All forcible entry and detainer cases shall be set for hearing before the Judge or Magistrate pursuant to the time limits set forth in the Ohio Revised Code.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
The Magistrate must file written findings within seven days after the hearing and cause a copy to be served on the plaintiff and defendant.
The Magistrate shall, at the conclusion of the hearing, file his written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
Parties may file written objections to the Magistrate’s findings within fourteen days.
The Magistrate shall, at the conclusion of each case, serve a copy of his findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
The court must rule on objections within fourteen days after they are filed.
The court shall, after consideration of the reasons for the objections to the magistrate's findings, rule on said objections to magistrate's finding within fourteen (14) days of the filing of the objections.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
Written notification to the court must follow a telephone dismissal within seven days.
Dismissals by telephone will be allowed with written notification to the court to follow within seven (7) days.
Page 6 | RULE 7. SMALL CLAIMS
Parties may file written objections to the Magistrate’s finding within fourteen days.
The magistrate shall, at the conclusion of each case, serve a copy of his finding upon the plaintiff and defendant and inform the parties that they may file objections to the magistrate's finding in writing within fourteen (14) days.
Page 6 | RULE 7. SMALL CLAIMS
The court must rule on objections within fourteen days after they are filed.
The court shall, after consideration of the reasons in the objections to the magistrate's findings, rule on said objections to the magistrate's findings within fourteen (14) days of the filing of the objections.
Page 6 | RULE 7. SMALL CLAIMS
Felony preliminary hearings must be held within fourteen days unless time is waived, or within ten days if the defendant cannot post bond.
Preliminary hearings on all felonies shall be heard within fourteen (14) days, unless time is waived, or within ten (10) days if defendant is unable to post bond.
Page 6 | RULE 8. CRIMINAL CASE MANAGEMENT
All misdemeanors must be set for pretrial within fourteen days after arraignment unless the defendant waives time.
After arraignment, all misdemeanors shall be set for pretrial by assignment commissioner within fourteen (14) days unless defendant enters a waiver of time.
Page 6 | RULE 8. CRIMINAL CASE MANAGEMENT
Offers in felony cases must be made before the scheduled preliminary hearing.
All offers on felony cases shall be made in writing, prior to the scheduled preliminary hearing.
Page 7 | H. Felony Preliminary Hearings
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 7 | E. Motions
Traffic citations must be submitted within 7 days after conviction.
Traffic Citations are submitted by the electronic file submission within 7 days after the conviction.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
A hearing on a Temporary Protection Order motion must be scheduled no later than the next day the Court is in session.
A hearing will be scheduled no later than the next day when the Court is in session.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
Agreed entries may be filed before trial or within fourteen days upon agreement by the parties.
Agreed entries may be filed at any time prior to trial or fourteen (14) days upon agreement by the parties.
Page 5
Documents transmitted outside regular court hours will be processed during the Court’s normal business hours.
Documents transmitted outside of regular court hours shall be processed during normal business hours of the Court.
Page 8 | RULE 12. ELECTRONICALLY PRODUCED TRAFFIC TICKETS & ELECTRONIC FILING OF NEWLY FILED CIVIL COMPLAINTS
Final dispositions and convictions are to be reported weekly after cases are completed and audited.
Upon completion and audit of all cases, weekly reporting of final dispositions / convictions via electronic submission by the Clerk's Office.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
A motion for a Temporary Protection Order may be filed at any time after the complaint or indictment is filed.
Motions for Temporary Protection Orders may be filed with the Clerk of Court that has jurisdiction with the case at any time after the filing of the complaint or indictment.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
Service and Proof of Service Rules
Summons must be served under the Ohio Rules of Procedure; after a failure-of-service notice, counsel has 30 days to obtain service or the case will be dismissed without prejudice unless good cause is shown.
Summons shall be served in accordance with the Ohio Rules of Procedure. In the event there is a failure of service, the clerk shall notify counsel immediately. If counsel fails to obtain service of summons within thirty (30) days of the notification date of "Failure of Service Notice" then the case will be dismissed without prejudice unless good cause is shown to the contrary.
Page 3 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
The Magistrate must cause a copy of the written findings to be served on the plaintiff and defendant.
The Magistrate shall, at the conclusion of the hearing, file his written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
Within seven days after journalization, the Clerk must serve each nondefaulting party under Civil Rule 5, generally by ordinary U.S. Mail to counsel or directly to a self-represented party.
Within seven (7) days of the journalization of any judgment entry or order, the Clerk of Court shall serve the entry or order upon every party who is not in default for failure to appear. Service shall be done in the manner provided in Civil Rule 5. In general, this will mean service via ordinary U.S. Mail upon the party's attorney or, if the party is a pro se litigant, upon the party.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
At the conclusion of each case, the Magistrate must serve the findings on the plaintiff and defendant and inform them that written objections may be filed within fourteen days.
The Magistrate shall, at the conclusion of each case, serve a copy of his findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.
Page 5 | RULE 6. FORCIBLE ENTRY & DETAINER HEARINGS
At the conclusion of each case, the Magistrate must serve the finding on the plaintiff and defendant and inform them that written objections may be filed within fourteen days.
The magistrate shall, at the conclusion of each case, serve a copy of his finding upon the plaintiff and defendant and inform the parties that they may file objections to the magistrate's finding in writing within fourteen (14) days.
Page 6 | RULE 7. SMALL CLAIMS
The Prosecutor and defense counsel must exchange discovery.
Discovery shall be exchanged between Prosecutor and Defense counsel.
Page 6 | RULE 8. CRIMINAL CASE MANAGEMENT
When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 8 | RULE 12. ELECTRONICALLY PRODUCED TRAFFIC TICKETS & ELECTRONIC FILING OF NEWLY FILED CIVIL COMPLAINTS
When a Protection Order is granted, copies must be provided to the complainant, alleged victim, requester, defendant, and agencies with jurisdiction to enforce it.
Upon the granting of a Protection Order, a copy of the order that is issued will be given to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order.
Page 9 | RULE 15. REPORTING TO LAW ENFORCEMENT AND COMPLIANCE PLAN
Filing Fees and Waivers
Any applicable filing fee must be submitted to the Court within five business days after fax filing.
any appropriate filing fee(s) shall be submitted to the Court within five (5) business days of the fax filing.
Page 2 | RULE 2. FACSIMILE FILING
The required filing cost must be paid before a small claim can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by the Ohio Revised Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
Page 6 | RULE 7. SMALL CLAIMS
Filing fees in civil and criminal cases are governed by a schedule adopted by the Court, which may be amended by Court Order and is available upon request.
The schedule of filing fees in civil and criminal cases has been adopted by the Court and may be amended from time to time by Court Order. Copies of such schedules are available upon request.
Page 3 | RULE 4. FILING FEES
Pre-Motion Conference Requirements
Opposing counsel must answer within 14 days; the motion is considered submitted at the end of that period unless the court extends the time.
Opposing counsel shall answer in a manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the court.
Page 4 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
No oral hearing will be granted on these motions unless the parties request one in writing and the court deems it necessary.
There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.
Page 4 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
Adjournment & Extension Requirements
A continuance request that remains undecided by the hearing date must be denied.
A continuance that has not been ruled on by the date of any hearing shall be denied.
Page 2 | RULE 3. CONTINUANCES
A continuance motion must be submitted in writing at least seven days before the hearing and include a brief stating the reasons and a proposed order.
All motion for continuance shall be submitted to the Court in writing at least seven (7) days prior to scheduled hearing and must contain a brief in support setting forth the reasons requiring the continuance along with a proposed order for the Court's review and approval.
Page 2 | RULE 3. CONTINUANCES
A continuance motion submitted within the required seven days will be granted only upon a showing of good cause based on extreme hardship, unforeseen circumstances, or other unavoidable conditions.
Motions for continuance, when submitted within the required seven (7) days, will be granted only upon the showing of good cause constituting extreme hardship, unforeseen circumstances, or other unavoidable conditions.
Page 3 | RULE 3. CONTINUANCES
A party seeking to continue a trial or hearing must submit a written motion stating the reason.
No party shall be granted a continuance of trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 4 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
A request for a continuance must include an affidavit and, if applicable, a copy of another court notice showing previously scheduled conflicting case-hearing dates.
Where continuances are sought, there must be an affidavit and if applicable, a copy of another court notice showing dates of previously scheduled conflicting case hearings.
Page 7 | E. Motions
Continuance motions based on a hearing or trial schedule conflict are decided under Rule 41(B) of the Ohio Rules of Superintendence.
Motions for continuance sought due to a conflict in hearing or trial schedules shall be decided in accordance with Rule 41(B) of the Rules of Superintendence for the Courts of Ohio.
Page 3 | RULE 3. CONTINUANCES
An application to continue the pretrial conference must be addressed to the Judge.
Any application for continuance of the conference shall be addressed to the Judge.
Page 4 | RULE 5. CASE MANAGEMENT IN CIVIL CASES
A request to continue a scheduled trial is granted at the trial court’s discretion.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial Court.
Page 5 | RULE 3. CONTINUANCES
Chambers Communication Rules
Dismissals by telephone are allowed, but written notification to the court must follow within seven days.
Dismissals by telephone will be allowed with written notification to the court to follow within seven (7) days.
Page 6 | RULE 7. SMALL CLAIMS
For cases resolved by plea, trial, charge reduction, or requested dismissal, the prosecutor or designee must advise the court at disposition whether the alleged victim or representative is present.
In cases which are disposed of by plea, trial, reduction to another charge, or which are requested to be dismissed, it shall be the duty of the prosecutor or his designee to advise the court at the time of the disposition whether or not the alleged victim, or his/her representative in such, is present in the courtroom so that they may be given the opportunity to address the court prior to court action pursuant to such statutes.
Page 7 | RULE 9. NOTIFICATION TO VICTIMS OF CRIME
At sentencing, the prosecutor or designee must notify the court of the date victim-notice information was provided.
The prosecutor and/or his designee shall notify the court of the date of such notice at the time of sentencing.
Page 7 | RULE 9. NOTIFICATION TO VICTIMS OF CRIME
If a felony-case offer is accepted, the Court must be notified of the hearing.
If an offer is accepted, the Court shall be notified of the hearing.
Page 7 | H. Felony Preliminary Hearings
Attorneys must notify the court by 3:00 P.M. on the day before trial of any change in plea; otherwise, jury costs will be attached to the case.
All attorneys shall notify the court by 3:00 P.M. of the day preceding their trial, of any change in plea or jury costs will be attached to their case.
Page 7 | Trials