Miamisburg Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The court may extend the time to file a pleading for a reasonable period, for good cause shown, by written order.
- A continuance request must be made by written motion unless made on the record in open court, and the motion must state the date from which the continuance is requested and the reasons for it.
- Whether to grant a continuance of a scheduled trial is within the trial court’s sound discretion.
- +2 more
Request must include
- A continuance based on a scheduling conflict with another court of record will be considered only if the motion complies with the Ohio Rules of Superintendence, includes a copy of the conflicting court notice, and is filed at least two working days before trial.
Communication
Page & Word Limits1 rule
Facsimile filings shall not exceed ten (10) pages in length.
- Facsimile filing
- Up to 10 pages
Document Format Requirements7 rules
A request to be excused from jury duty must be filed in writing with the Court.
Every request for a continuance shall be by written motion, unless made on the record in open court.
Objections to the magistrate’s findings must be filed in writing.
Court's wording
The magistrate shall, at the conclusion of each case, serve a copy of his or her finding 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.
All parties must have three (3) copies of any evidence they wish to be submitted as exhibits and have them clearly marked at the time of trial.
(b) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
All motions should be in writing
All motions should be made in writing and accompanied by a written memorandum containing the arguments of counsel.
Document Filing Requirements39 rules
A complaint must provide the specified party and attorney information, and the original filing must include copies for defendants with separate interests.
Court's wording
A. COMPLAINT: The complaint shall contain the full name and residence of each plaintiff and defendant and the name and attorney registration number of the attorney for the plaintiff. The original filing shall have a sufficient number of copies for all defendants who have separate interests.
F. JURY TRIAL DEMAND AND DEPOSIT – CIVIL: A party desiring a jury shall file a demand in writing in accordance with the Civil Rules.
The attorney completes the form “Request for Ordinary Mail” and the summons is then sent to ordinary mail.
No Order in Aid of Execution shall be accepted by the Clerk unless the name of the attorney filing same appears at the bottom of each copy. The Clerk shall not accept such orders unless one copy is furnished for each party to be served and one copy for the Clerk.
B. SUMMONS AND RETURN: Upon the filing of a complaint and praecipe, Summons shall be forthwith issued, signed by the Clerk or Deputy and shall bear the seal of the Court.
The defendant’s address must be full, complete and current. The Small Claims Division will not accept a partial address.
A trustee appointment application must include a complete and accurate sworn statement containing the listed debtor, employer, earnings, and creditor-notice information.
Court's wording
The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of: 1. The debtor’s name, address, and marital status; 2. The name and address of the debtor’s employer or employers; 3. The amount of the debtor’s gross earnings for a period of 30 days; and 4. A statement indicating the name of the creditor from whom the fifteen (15) day written notice of proceeding against the debtor’s earning was received.
Each notice shall contain the name of the applicant, the sum applicant claims is owing the creditor, the time and place objections to said applications shall be heard, and a place for the verification or objection of the creditor.
At the time of filing the application, the attorney for the debtor shall deliver to the Clerk two (2) copies of a notice of the appointment for each creditor listed in the application, together with a stamped envelope properly addressed to each creditor.
Entries of confirmation in 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.
A scheduling-conflict continuance motion must comply with the Ohio Rules of Superintendence and include a copy of the conflicting court notice.
Court's wording
Continuance because of a scheduling conflict with another court of record will be considered only if a motion thereof is filed in conformity with the Rules of Superintendence of the Courts of Ohio, accompanied by a copy of the conflicting court notice and the motion is filed not less than two working days prior to trial.
To register, a bail bond agent shall file with the Clerk of Court, Criminal Division, a certified copy of the surety bail bond agent’s appointment by power of attorney from each insurer that the bail bond agent represents.
A bail bond agent must produce a current state bail license each time a bond is filed in the Miamisburg Municipal Court (§3905.84 and §3905.85 of the Ohio Revised Code).
- Document
- Bond filing
Must include
- •A current state bail license
The Miamisburg Municipal Court requires a bail bond agent to register with the Clerk of the Miamisburg Municipal Court before a bond may be filed in this Court. (§3905.87 of the Ohio Revised Code).
The bail bond agent shall keep his or her registration current by filing a certified copy of a renewed power of attorney by the first day of August of each odd-numbered year.
In a criminal case, once a written demand for a jury trial has been filed, any subsequent waiver of the jury trial shall be made in writing no later than five (5) working days after the final Jury pre-trial date. This waiver must contain the signature of the defendant and must be made in open court.
A demand for a trial by jury must be in writing and filed with the Clerk of Court not less than ten (10) days prior to the date set for trial, or on or before the third (3rd) day following receipt of notice of the date set for trial, whichever is earlier.
Continuance because of a scheduling conflict with another court of record will be considered only if a motion thereof is filed in conformity with the Rules of Superintendence of the Courts of Ohio, accompanied by a copy of the conflicting court notice
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within ten (10) days
The journal entry shall state which party will pay the court costs.
Upon the granting of restitution, if the tenant fails to vacate the premises and remove his property therefrom, the landlord shall file a writ of restitution with the Clerk of Court and pay the applicable fee.
Transfer of a small claims matter to the regular docket requires filing a motion and affidavit and paying the filing costs.
Court's wording
Upon filing of motion and affidavit, as required by §1925.10 of the Ohio Revised Code, and upon payment of the required cost, the small claims matter will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
A small claims action is commenced by filing a small claims petition, pursuant to §1925.04 of the Ohio Revised Code.
The objecting party must state with specificity his objections to said report and the relief requested.
A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer information, including a statement if no judge or case number has been assigned.
- Document
- Fax filing
Must include
- •Judge name
- •Case number
Court's wording
The person filing a document by fax shall also provide therewith a cover page containing the following information: [See appendix for sample cover page form.] (a) name of the court: (b) title of the case; (c) case number; (d) assigned judge; (e) title of the document being filed; (f) date of transmission; (g) transmitting fax number; (h) an indication of the number of pages included in the transmission, including the cover page; (i) if a judge or case number has not been assigned, state that fact on the cover page; and (j) name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available.
An exhibit that cannot be accurately faxed must be replaced by an insert page describing the exhibit and why it is missing.
Court's wording
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
An exhibit filed separately must have a cover sheet with the specified case and exhibit information, and the exhibit must be signed and served under the rules for pleadings.
- Document
- Exhibit cover sheet
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket required by Traffic Rule 3.
The notice summoning a person to jury service will explain how and when the recipient must respond and the consequences for failure to respond.
A corporate plaintiff’s complaint may be signed by its attorney, an officer, or a salaried employee, while a partnership’s affiant must be a partner.
Court's wording
In instances where the plaintiff is a corporation, the signatory of the plaintiff’s complaint may be an attorney representing the plaintiff, an officer of the corporation, or a salaried employee of the corporation. In instances of partnership, the affiant must be one of the partners.
All motions should be in writing and accompanied by a written memorandum containing citations and the arguments of counsel.
The pre-trial shall be conducted in accordance with Criminal Rule 17.1 and a memorandum of the matters agreed upon should be filed in said case.
The objections to the magistrate’s findings should state, with specificity, the reason a new hearing is requested.
A fax-filed document is the effective original, but the filer must retain the source document and source cover sheet, make them available to the court on request, and keep the source document until the case and post-judgment opportunities are concluded.
Court's wording
A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. 2. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
A party who wishes to file a signed source document by fax shall either: (a) fax a copy of the signed source document; or
Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
NUMBER OF PAGES (including this page):
CASE NUMBER: (If no case number yet, state “None”)
No defendant is required to file an answer or statement of defense.
Filing & Service rules
Electronic Filing Rules
Pleadings and other papers may be fax-filed at the listed number in civil and criminal proceedings, but not in small claims or for documents requiring a filing fee.
Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to (937) 866-0135 subject to the following conditions: A. APPLICABILITY: These rules apply to criminal and civil proceedings in the Miamisburg Municipal Court. These rules do not apply to small claims. For small claims proceedings, no facsimile transmission of documents will be accepted. Criminal and civil documents requiring a filing fee will not be accepted for fax filing.
Page 19 | 16. FACSIMILE FILING RULES
Documents must be filed through the Miamisburg Municipal Court Website’s eFile Civil Documents tab, and applicants must register before beginning electronic filing.
INTERNET FILINGS or E-Filing: Documents shall be filed on the Miamisburg Municipal Court Website under the eFile Civil Documents tab. Applicants must first register to begin electronic filing.
Page 22 | INTERNET FILINGS or E-Filing
Use and filing of electronically produced tickets are authorized; for the Court's Ohio State Highway Patrol testing-site purposes, it accepts them by electronic transmission or as a paper copy.
The use and filing of a ticket that is produced by a computer, or other electronic means, is hereby authorized in the Miamisburg Municipal Court. For the purposes of the Miamisburg Municipal Court serving as a testing-site for the Ohio State Highway Patrol, the Court shall accept electronically produced tickets that are submitted either by electronic transmission or submitted as a paper copy of the ticket.
Page 23 | 18. ELECTRONICALLY PRODUCED TICKETS
Filing Timing and Cure Windows
An act due on a court holiday or a day the court is closed must be performed the next day the court is in session.
When the day on which any act is required to be performed falls on a court holiday or a day the court is declared closed, then the act shall be performed the following day the court is in session.
Page 2 | 1. CLERK OF COURT
Compute the time to perform an act by excluding the first day and including the last, except when the last day falls on a Sunday or holiday.
The time within which an act is required to be done shall be computed by excluding the first day and including the last, except when the last day falls on a Sunday or on a holiday.
Page 2 | 1. CLERK OF COURT
If the defendant cannot be located at the address supplied, the Court will notify the plaintiff by mail, and the claim will be dismissed unless a proper address is provided within 10 days.
If the defendant cannot be located at the address given to the court by the plaintiff, the court will notify the plaintiff by mail of its inability to serve the defendant and the claim will be dismissed unless proper address is provided within ten (10) days.
Page 8 | 5.00 SMALL CLAIMS DIVISION
If the bondsman does not show cause or bring the defendant before the Court within 45 days, the bondsman must remit the forfeited sum by the 60th day after the original notice.
In the event the bondsman has failed to show cause or bring the Defendant before the Court within the required forty-five (45) days, said bondsman shall remit the forfeited sum to the Court on or before the sixtieth (60th) day after the original notice of forfeiture.
Page 11 | E. BOND FORFEITURE
A bondsman has 45 days to show cause or present the defendant before the Court.
The notice shall be sent by ordinary mail to the bondsman advising said bondsman that he has forty-five (45) days within which to show cause or present the Defendant before the Court.
Page 11 | E. BOND FORFEITURE
The renewed power of attorney must be filed by August 1 in each odd-numbered year.
The bail bond agent shall keep his or her registration current by filing a certified copy of a renewed power of attorney by the first day of August of each odd-numbered year.
Page 11 | D. REGISTRATION OF BAIL BOND AGENTS
A subsequent jury-trial waiver must be made no later than five working days after the final jury pretrial date.
In a criminal case, once a written demand for a jury trial has been filed, any subsequent waiver of the jury trial shall be made in writing no later than five (5) working days after the final Jury pre-trial date.
Page 12 | G. TRIAL BY JURY
A jury-trial demand is due by the earlier of 10 days before trial or the third day after notice of the trial date, and failure to meet the deadline waives the jury-trial right.
A demand for a trial by jury must be in writing and filed with the Clerk of Court not less than ten (10) days prior to the date set for trial, or on or before the third (3rd) day following receipt of notice of the date set for trial, whichever is earlier. Failure to demand a jury trial as provided herein is a complete waiver of the right thereto.
Page 12 | G. TRIAL BY JURY
If a case not set for trial has had no action for six months, the clerk must notify the party that it will be dismissed unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed unless good cause is shown.
Page 13 | C. CLERICAL STEPS
If a settlement entry marked “to come” is not received within 21 days, the clerk must notify the party that dismissal will follow unless the entry is received within 10 days.
When a file has been marked “settlement entry to come” and the entry has not been received within twenty-one (21) days, then the clerk shall notify the party that the case will be dismissed unless the entry is received within ten (10) days.
Page 13 | C. CLERICAL STEPS
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 15 | 11.00 CASE MANAGEMENT IN CRIMINAL CASES
Settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days, or the case will be dismissed for want of prosecution.
Page 15
If requested, first- through fourth-degree misdemeanor cases must be set for pretrial within 30 days after arraignment.
After arraignment, if requested, all first, second, third, and fourth degree misdemeanors shall be set for pre-trial by the assignment commissioner within thirty (30) days.
Page 15 | 11.00 CASE MANAGEMENT IN CRIMINAL CASES
The journal entry must be submitted to the judge or magistrate within 15 days of the decision.
Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge or magistrate.
Page 15
Parties may file objections to the magistrate’s findings within 14 days.
The magistrate shall, at the conclusion of each case, serve a copy of his or her finding 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 16 | 12.00 CASE MANAGEMENT IN FORCIBLE ENTRY AND DETAINER CASES
After the clerk’s notice, the case will be dismissed in ten days unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 18 | 14.00 SPECIAL PROCEEDINGS
Special proceedings with statutory hearing deadlines must be set within those deadlines; other special proceedings must be set within a reasonable time, no later than ninety 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 18 | 14.00 SPECIAL PROCEEDINGS
Objections to a magistrate’s report must be filed within 14 days after service, except in restitution-of-premises forcible-entry-and-detainer matters.
In all cases other than restitution of premises in forcible entry and detainer matters, the party objecting to the report of the magistrate shall file his objections within fourteen (14) days of the service of the magistrate’s report on said party.
Page 19 | B. Objections to Magistrate’s Report
If required cover-page information is missing, the clerk may file the faxed document or place it among failed faxed documents, in which case it is not considered filed.
If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at his/her discretion; (a) Enter the document in the Case Docket and file the document; or (b) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.
Page 20 | 16. FACSIMILE FILING RULES, C. COVER PAGE
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the facsimile document is filed.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.
Page 21 | E. EXHIBITS
An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when the fax was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.
Page 21 | F. TIME OF FILING
A party may have a transcript prepared within 30 days after filing objections, unless the court extends the time in writing or there is other good cause.
A party may have a full or partial transcript prepared from the electronic recordings of proceedings within 30 days after filing objections unless the court extends the time in writing for preparation of the transcript or other good cause.
Page 1 | 1.00 COURT SESSION
When a file is marked “settlement to come,” the settlement entry must be received within fourteen days after the clerk’s notice to avoid dismissal.
When a file has been marked “settlement to come”, the clerk shall notify the parties that their case will be dismissed unless the entry is received within fourteen (14) days.
Page 18 | 14.00 SPECIAL PROCEEDINGS
The Clerk’s office is deemed open to receive fax filings on the days and during the hours the court is regularly open for business.
The office of the Clerk of Court will be deemed open to receive facsimile transmissions of documents on the same days and at the same time the court is regularly open for business.
Page 21 | F. TIME OF FILING
The sending party bears all risks of transmitting a document to the Clerk by fax.
The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party.
Page 21 | F. TIME OF FILING
An entry of settlement may be filed at any time.
An entry of settlement may be filed at any time.
Page 15
Fax filers are urged, but not required, to verify receipt with the Clerk using available technological means.
Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 21 | F. TIME OF FILING
Service and Proof of Service Rules
Unless Bailiff service is requested, summonses are sent by certified mail to the complaint address, with specified follow-up procedures for undeliverable, unclaimed, or refused mail and exceptions for praecipes and post-judgment collection proceedings.
C. SERVICE OF SUMMONS BY CERTIFIED MAIL: When it is not requested that a summons be served by the Bailiff, it is then sent via certified mail, to the address submitted on the complaint. When certified mail is returned marked “undeliverable” an alias summons is sent to plaintiff or plaintiff’s counsel for service to be reissued. When certified mail is returned marked “Unclaimed, or refused, a notification is sent to the attorney advising service was not obtained by certified mail, personal service, or residence service. The attorney completes the form “Request for Ordinary Mail” and the summons is then sent to ordinary mail. The above provision shall not apply to praecipes or proceedings after judgment to enforce collections.
Page 7 | 4.00 CIVIL PROCEDURE — C. SERVICE OF SUMMONS BY CERTIFIED MAIL
The Clerk must mail the notices to listed creditors within 24 hours and indicate on the docket that they were mailed.
The Clerk shall deposit such notice in the mail within twenty-four (24) hours and indicate on the docket that notices were mailed to the listed creditors.
Page 9 | B. NOTICES
A creditor applicant must give similar notice to the debtor unless the creditor has obtained a judgment in a court of record.
If such application is made by a creditor, a similar notice must be given to the debtor, unless the creditor has obtained judgment in a court of record.
Page 9 | B. NOTICES
After a bond forfeiture declaration, the Clerk must give written notice to the accused and each surety within 15 days and send notice to the bondsman by ordinary mail.
Where bond or bail has been posted by a bondsman and the Defendant fails to appear as scheduled, the Clerk shall give notice to the accused and each surety in writing within fifteen (15) days of the forfeiture declaration. The notice shall be sent by ordinary mail to the bondsman advising said bondsman that he has forty-five (45) days within which to show cause or present the Defendant before the Court.
Page 11 | E. BOND FORFEITURE
Summons must be served in accordance with the Ohio Rules of Civil Procedure.
Summons shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 13 | C. CLERICAL STEPS
If service fails, the clerk must notify counsel immediately; if counsel does not obtain service within six months after filing, the clerk must give ten days’ notice of dismissal unless good cause is shown.
In the event there is a failure of service, the clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 13 | C. CLERICAL STEPS
The assignment commissioner must notify all counsel of record of a pretrial conference by mail, email, and/or telephone at least 14 days beforehand.
Notice of pre-trial conference shall be given to all counsel of record by mail, email, and/or telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 14 | D. JUDICIAL STEPS — 1. Pre-trial Hearings
At the conclusion of each case, the magistrate must serve the finding on the plaintiff and defendant and inform them of the right to file written objections within 14 days.
The magistrate shall, at the conclusion of each case, serve a copy of his or her finding 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 16 | 12.00 CASE MANAGEMENT IN FORCIBLE ENTRY AND DETAINER CASES
If counsel does not obtain service of summons within six months in a new case, the clerk will notify counsel of dismissal in ten days unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 18 | 14.00 SPECIAL PROCEEDINGS
An exhibit filed this way must be served in conformance with the rules governing service of pleadings in the court.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 21 | E. EXHIBITS
Defendants and pro se litigants must continue to receive all court-appearance notifications by regular U.S. Mail in paper form.
Defendants and Pro se litigants shall continue to receive all court appearance notifications conventionally in paper form by regular U.S. Mail.
Page 22 | 17. EMAIL NOTIFICATION
A filer must not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 22 | I. LENGTH OF DOCUMENT
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 23 | 18. ELECTRONICALLY PRODUCED TICKETS
At least 40 subpoenas must be mailed by ordinary mail one month before each criminal and civil jury trial.
At least forty (40) subpoenas are mailed for each criminal and civil jury. These subpoenas are mailed one month before the trial date by ordinary mail.
Page 3 | 3.00 JURY MANAGEMENT
Orders in Aid of Execution must be served and scheduled in the same manner as appearance cases.
G. PROCEEDINGS IN AID OF EXECUTION: Orders in Aid of Execution shall be served and scheduled in the same manner as appearance cases.
Page 7 | 4.00 CIVIL PROCEDURE — G. PROCEEDINGS IN AID OF EXECUTION
The bailiff must mail the personal-property sale notice to the parties and attorneys of record, but failure to mail it does not invalidate the sale.
A copy of a notice of the sale of personal property shall be mailed by the bailiff to the parties and to attorneys of record in the case. However, a failure to mail such notice shall not invalidate a sale.
Page 10 | 7.00 SALES AND CONFIRMATION
The attorney filing objections must notify opposing counsel of the hearing date within three days.
to notify opposing counsel of said date within three (3) days.
Page 19 | B. Objections to Magistrate’s Report
Filing Fees and Waivers
A party demanding a jury must make the deposit specified in Schedule A.
The party making a demand for a jury shall make a deposit as set forth in Schedule “A”.
Page 7 | 4.00 CIVIL PROCEDURE — F. JURY TRIAL DEMAND AND DEPOSIT – CIVIL
Small Claims complaint costs and filing fees are set by Schedule A, which includes service of the notice and summons; other service fees match those of the regular Civil Court Division.
The costs and filing fee for a Small Claims complaint will be as set forth in Schedule “A”. This filing fee includes cost of serving the notice and summons. Fees for service other than those set forth above shall be the same as the fees set by the regular Civil Court Division.
Page 8 | 5.00 SMALL CLAIMS DIVISION
A witness subpoena in a civil proceeding may issue only after the witness fee and estimated mileage are deposited with the Clerk, and the qualifying witness receives the fee upon presenting the subpoena.
No subpoena for a witness in a Civil proceeding shall be issued until a witness fee cost and estimated mileage is deposited with the clerk. A witness who testifies or is available for the purpose shall receive this fee upon presentation of the subpoena to the Clerk of Court.
Page 10 | 8.00 DEPOSITS: A. WITNESS
Before a writ or process against chattel property other than personal earnings issues, the required expense deposit must be made with the Clerk and cannot be less than $100.
Before any writ may be issued in an execution, replevin, attachment, or any other process against chattel property other than personal earnings, a sum of money sufficient to pay the cost of moving, storage, advertising and the care of any custody of property must be deposited with the Clerk to secure such expenses. The amount of such deposit shall not be less than one hundred dollars ($100.00).
Page 10 | 8.00 DEPOSITS: B. EXECUTION, REPLEVIN, ATTACHMENT
The landlord must pay the applicable fee when filing a writ of restitution in the stated circumstances.
Upon the granting of restitution, if the tenant fails to vacate the premises and remove his property therefrom, the landlord shall file a writ of restitution with the Clerk of Court and pay the applicable fee.
Page 16 | 12.00 CASE MANAGEMENT IN FORCIBLE ENTRY AND DETAINER CASES
A $1,000 jury deposit must be paid when the jury demand is filed.
The jury deposit shall be one thousand dollars ($1,000.00) and shall be deposited at the time of filing of the jury demand.
Page 16 | 12.00 CASE MANAGEMENT IN FORCIBLE ENTRY AND DETAINER CASES
The required filing costs must be paid before a small claims matter can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by §1925.10 of the Ohio Revised Code, and upon payment of the required cost, the small claims matter will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
Page 17 | 13.00 CASE MANAGEMENT IN SMALL CLAIMS CASES
Payment must be secured when the document is filed electronically.
Payment must be secured at the time of filing.
Page 22 | INTERNET FILINGS or E-Filing
The Clerk will not accept by fax a document requiring a filing fee or file a tendered document requiring court costs and fees; no additional fee is charged for fax filing.
G. FEES AND COSTS: No document filed by facsimile that requires a filing fee shall be accepted by the Clerk. Documents tendered to the Clerk which require payment of court costs and fees will not be filed. No additional fee shall be assessed for facsimile filings.
Page 22 | G. FEES AND COSTS
Unused deposits remaining with the Clerk of Courts at the end of one year will be returned to the attorneys who filed the cases upon their motion.
E. UNUSED DEPOSITS: Unused deposits still on hand with the Clerk of Courts at the end of one (1) year will be returned to the respective attorneys filing those cases upon motion of said attorneys.
Page 7 | 4.00 CIVIL PROCEDURE — E. UNUSED DEPOSITS
Amounts below $10 will not be refunded.
Any amount less than ten dollars ($10) will not be refunded.
Page 10 | 8.00 DEPOSITS: C. REFUNDS
For an unrepresented party, the court provides assistance and necessary forms for proceedings to collect and enforce a judgment upon payment of court costs.
Pursuant to §1925.13 of the Ohio Revised Code, if a party is not represented by counsel, the court, upon payment of court costs, shall explain to the parties and assist the parties in the preparation and filing of, and supply the parties with any necessary forms for, proceedings in aid of execution to collect and enforce judgments.
Page 18 | 13.00 CASE MANAGEMENT IN SMALL CLAIMS CASES
Pre-Motion Conference Requirements
Unless the Court orders otherwise, summary judgment motions are heard without oral argument 14 days after service; opposing affidavits may be served and filed before the hearing, and absent an extension motion or request for oral argument the motion is deemed submitted on day 14.
I. SUMMARY JUDGMENT: Unless otherwise ordered by the Court, Motions for Summary Judgment shall be heard on briefs and other materials authorized by Civil Rule 56 without oral argument fourteen (14) days after service of the Motion upon the opposing party. The adverse party, prior to the date of hearing, may serve and file opposing affidavits. In the absence of a Motion for an extension of time, or request for oral argument, the Motion shall be deemed submitted for the decision as of the fourteenth (14th) day.
Page 8 | 4.00 CIVIL PROCEDURE — I. SUMMARY JUDGMENT
An oral hearing on a motion will be granted only if a party requests it in writing and the court deems it necessary.
There will be no oral hearings granted on said motions unless the party requests an oral hearing in writing and the court deems it necessary.
Page 14 | D. JUDICIAL STEPS — 2. Motions
The Court may rule immediately or grant opposing counsel 14 days to respond.
The Court may rule on said motion immediately or grant opposing counsel fourteen (14) days to respond.
Page 14 | D. JUDICIAL STEPS — 2. Motions
Adjournment & Extension Requirements
A continuance request must be made by written motion unless made on the record in open court, and the motion must state the date from which the continuance is requested and the reasons for it.
Every request for a continuance shall be by written motion, unless made on the record in open court. The motion shall set forth the date from which a continuance is requested and the reasons for a continuance.
Page 10 | 9. CRIMINAL DIVISION: B. CONTINUANCES
A continuance based on a scheduling conflict with another court of record will be considered only if the motion complies with the Ohio Rules of Superintendence, includes a copy of the conflicting court notice, and is filed at least two working days before trial.
Continuance because of a scheduling conflict with another court of record will be considered only if a motion thereof is filed in conformity with the Rules of Superintendence of the Courts of Ohio, accompanied by a copy of the conflicting court notice and the motion is filed not less than two working days prior to trial.
Page 10 | 9. CRIMINAL DIVISION: B. CONTINUANCES
An application to continue a pretrial conference must be addressed to the judge.
Any application for continuance of the conference shall be addressed to the judge.
Page 14 | D. JUDICIAL STEPS — 1. Pre-trial Hearings
A continuance motion must state the date from which the continuance is requested and the reasons for it; granting a scheduled-trial continuance remains within the trial court’s discretion.
The motion shall set forth the date from which a continuance is requested and the reasons for a continuance. The granting of a continuance of a scheduled trial is a matter within the sound discretion of the trial court.
Page 14 | D. JUDICIAL STEPS — 3. Continuances
The court may extend the time to file a pleading for a reasonable period, for good cause shown, by written order.
D. EXTENSIONS: For good cause shown, the time for filing a pleading may be extended for such reasonable time that the court may provide by written order.
Page 7 | 4.00 CIVIL PROCEDURE — D. EXTENSIONS
Whether to grant a continuance of a scheduled trial is within the trial court’s sound discretion.
The granting of a continuance of a scheduled trial is a matter within the sound discretion of the trial court.
Page 10 | 9. CRIMINAL DIVISION: B. CONTINUANCES
Chambers Communication Rules
From the jury panel’s arrival for voir dire until dismissal, communications between the Judge and panel must be in writing or on the record in open court, and counsel must be informed and given an opportunity to be heard.
All communications between the Judge and members of the jury panel, from the time of reporting to the courtroom for voir dire until dismissal, shall be in writing or on the record in open court. Counsel for each party shall be informed of such communication and given the opportunity to be heard.
Page 6 | K. JUROR ORIENTATION AND INSTRUCTIONS
For scheduled appearances in traffic or criminal cases, the court must email the date and time to the defendant’s attorney of record and the prosecuting attorney.
When any traffic or criminal case is scheduled for a court appearance, either in the courtroom or by the assignment clerk, notification of said court appearance date and time shall be sent by electronic mail, “email”, to the Defendant’s attorney of record and the prosecuting attorney.
Page 22 | 17. EMAIL NOTIFICATION
Attorneys representing defendants in criminal and traffic matters must provide an email address for notifications and inform the court if it changes.
Attorneys representing defendants in criminal and traffic matters shall provide the court with an email address to which these notifications shall be sent. If the attorney’s email address changes, it is the attorney’s responsibility to inform the court of that change.
Page 22 | 17. EMAIL NOTIFICATION
An attorney who cannot receive email notifications must contact the Court to arrange to receive notifications by regular mail.
If the attorney cannot receive email notifications, he or she must contact the Court to make special arrangements to continue receiving notifications by regular mail.
Page 22 | 17. EMAIL NOTIFICATION
No oral hearing will be granted if objecting counsel fails to obtain a hearing date.
If counsel objecting should fail to obtain a hearing date, no oral hearing will be granted.
Page 19 | B. Objections to Magistrate’s Report
The attorney filing objections must obtain a hearing date from the assignment clerk.
It will be the duty of the attorney filing said objections to obtain a hearing date from the assignment clerk
Page 19 | B. Objections to Magistrate’s Report
An attorney may provide up to three email addresses, but the court need only send notifications to one; the attorney must provide a primary address and may provide two additional addresses.
Notifications can be emailed to up to three email addresses per attorney, but the court is only required to send to one address. It is the attorney’s responsibility to provide a primary email address, and up to two additional email addresses, if desired.
Page 22 | 17. EMAIL NOTIFICATION
The attorney will receive no notification of the appearance other than the email notification.
The email notification is the only notification the attorney will receive.
Page 22 | 17. EMAIL NOTIFICATION
The Public Defender’s Office and the Court’s three prosecuting attorney’s offices must receive one daily email between 4:00 and 4:30 p.m. with notifications for future appearances scheduled that day.
The Montgomery County Office of the Public Defender, and the Court’s three (3) prosecuting attorney’s offices, shall receive one email at the end of every business day, between 4:00 p.m. and 4:30 p.m., which will include notifications for all future court appearances which were scheduled that day.
Page 22 | 17. EMAIL NOTIFICATION
The clerk need not notify the sender of a failed fax filing, but may do so if practicable.
The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
Page 20 | 16. FACSIMILE FILING RULES, C. COVER PAGE