Middletown Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies

Adjournments
- The Court may extend a defendant’s time to move, answer, or otherwise plead only on a written application filed with and allowed by the Court before the original deadline expires.
- A continuance requires counsel’s agreement evidenced by an entry filed by the hearing time, a written Court order filed before the hearing, or an order at the hearing documented by a later written entry; the Court may grant one for good cause and as justice requires.
- Once a Pretrial Conference or Report Hearing is scheduled, it is mandatory and may be canceled or continued only by Court order.
- +2 more
Request must include
Document Format Requirements7 rules
All pleadings and all documents filed in any Civil Action shall be 8-1/2 inches by 11 inches in format, single sided only. All pleadings shall have font size of 12 or greater (excepting Court standardized forms).
- Font size
- 12 points
- Paper size
- Letter
Formatting
- •Documents must be single-sided
- •The minimum font-size requirement does not apply to Court standardized forms
All Civil Pleadings shall be numbered consecutively as filed and shall be entered upon the Civil Docket as numbered.
A. Request for a Trial by Jury of eight persons must be made in writing, not less than fourteen (14) days prior to the date scheduled for trial.
All pleadings and all documents filed in any Criminal or Civil action shall be no larger than 8-1/2 inches by 11 inches in format.
- Paper size
- Letter
- Pleading
- Document
Handwritten pleadings shall be legible or they may be rejected.
Formatting
- •Handwritten pleadings must be legible; the Clerk may reject illegible pleadings
Any party shall have the right to request oral hearing on any motion provided written request therefor is filed with the Clerk within seven (7) days after service of the motion.
The Court may prescribe the forms to be used in any civil proceedings where forms are so prescribed. The Court may request the forms be used to the exclusion of any other forms.
Document Filing Requirements44 rules
Agreements of counsel with each other, with a party, or with an officer of the court, shall be filed with the case or dictated into the record.
A complaint must state all parties' full names and addresses in its caption, and pleadings adding parties must state the new parties' addresses or say when an address is unknown.
- Document
- Complaint and pleading adding new parties
- Placement
- Caption
Court's wording
Every Complaint filed shall contain in the caption thereof the full names and addresses of all the parties to the action, and on any cross-claim, counterclaim, or any pleading making new parties to the action, the addresses of such new parties, unless the address of the party is unknown, in which case it shall state the address is unknown.
Each filed paper must include the case number and filer contact information, and an attorney filer must also include a Supreme Court identification number.
- Document
- Filed paper
Must include
- •Case number
Court's wording
All Pleadings, Motions, Leaves to Plead, or other papers filed in an action must bear the case number, the name, address, telephone number, the email address, the facsimile number, of the person filing the document, as well as the Supreme Court identification number if the person filing is an attorney.
After a civil-action number is assigned, every later document submitted in the case must display that number typed or printed so it is easily seen, and the Clerk may refuse documents without it.
- Document
- Document filed in civil action
Must include
- •Case number
Court's wording
Once a Civil Action is filed and a number assigned to it, any document whatsoever which may be thereafter presented for filing in said case shall bear the number assigned to it, and no document shall be accepted for filling, regardless of its nature, unless its case number is displayed upon it. Such number shall be typed or printed upon such document so as to be easily seen. The Clerk of Court shall have the right to refuse to file any document in a Civil Action which does not bear the assigned case number.
All pleadings that do not include a request for service shall include a certificate verifying proof of service by the party filing the pleading.
- Document
- Pleading
Must include
- •Certificate of service
There shall be filed with each original pleading a complete copy for each party to be served. If inadequate copies are furnished, the Clerk may refuse to accept the pleading for filing.
It shall be the responsibility of the party requesting Service by Publication, to obtain from said publication, the Affidavit of Publication, including copy of the published notice, and proof of payment of costs thereof, and to file same in the Office of the Clerk.
All motions which can be granted without a hearing shall be accompanied by a proposed order at the time of the filing of the motion.
All Motions filed shall be supported by a Memorandum setting forth a statement of facts upon which the Motion is based and a statement of law, if necessary, upon which the movant relies.
- Document
- Motion
Must include
- •Statement of facts
All Motions for Default Judgment shall be in writing and clearly state the complaint was filed, how service was made, proof of service and answer date. All Motions for Default Judgment shall also contain a list of all damages supported by evidence.
The summons in a forcible-entry-and-detainer possession case must notify the defendant of the answer-or-appearance deadline.
Court's wording
In Forcible Entry and Detainer cases on the issue of possession of the premises, said summons shall notify the defendant that defendant must answer or appear on the first Tuesday following the fifth day after defendant has been served with the summons;
A proposed entry shall accompany the motion.
The summons must notify each defendant of the answer-or-pleading deadline and the alternative requirement to appear in court.
Court's wording
said summons shall notify each defendant that he or she must (1) answer or otherwise plead not later than the first Tuesday immediately following the 28 day after the date upon which said defendant was served with summons and copy of the Complaint, or (2) appear on defendant's own behalf, or by counsel, in Court on such Tuesday.
Trial by jury will be deemed waived unless demand is made and the appropriate deposit is paid pursuant to Rule 17 herein and Chapter 1923 of the Ohio Revised Code.
A complaint appealing a BMV suspension must include the petitioner's signed affidavit with the listed information relevant to work-related driving privileges.
Court's wording
A complaint appealing a BMV suspension shall have attached an affidavit signed by the petitioner setting forth matters necessary to consider work-related driving privileges. This includes home address, employer's business name and address, days and hours of work, business vehicles and reasons for driving during work.
The plaintiff shall provide the clerk with a full, complete and current address of all parties.
The plaintiff shall complete the Small Claims complaint form as provided by the Court and submit two (2) copies of any document supporting the claim.
If a secured creditor elects to participate in a Trusteeship, creditor shall enter an agreement with the debtor stating the terms of such participation at or prior to the time of hearing on the application, and said agreement shall be approved or disapproved by the Court at the hearing.
Said application shall contain the applicant's full, accurate and complete statement, under oath, of the names and addresses of his secured and unsecured creditors and the amounts owing to each.
The notice shall advise the parties that failure to timely file objections is a waiver of any objections.
The Magistrate's Decision shall be filed with the Clerk of Court and served upon the parties with notice of the fourteen (14) day period to file objections to the Court.
Documents presented for filing must display the assigned case number typed or printed so it is easily seen, and the Clerk may refuse documents lacking the assigned number.
- Document
- Document
Must include
- •Case number
Court's wording
Once a Criminal or Traffic case is filed and a number assigned to it, any document whatsoever which may be thereafter presented for filing in said case shall bear the case number assigned to it, and no docket shall be accepted for filing, regardless of its nature, unless its case number is displayed upon it. Such number shall be typed or printed upon such document so as to be easily seen. The Clerk of Courts shall have the right to refuse to file any document, any Civil or Traffic case which does not bear the assigned case number.
If the plea form does not contain a case number, the following information shall be provided in the caption of the form: (1) Ticket number, if any; (2) Nature of offense(s);
- Document
- Plea form
- Placement
- Caption
When filing written not guilty pleas on multiple charges, it is counsel's duty to ensure that a plea form is signed and completed and file stamped for each offense (incident) and to notify the Clerk of the number of charges.
The Complaint or Summons shall comply in form and content with the provisions pertaining to complaints and summons set forth in the Ohio Rules of Criminal and Traffic Procedure.
Any continuance motion must state whether a right to speedy trial is waived or not.
Trial counsel must file a written appearance complying with Rule 4.0 and may withdraw only with the Court’s consent.
Court's wording
All trial counsel shall make a written appearance as a party's attorney which complies with Rule 4.0 herein. Once trial counsel is counsel of record, he or she shall only be allowed to withdraw as trial counsel with consent of the Court.
Any applications to withdraw as trial counsel shall: (A) be in writing; (B) state the reasons for the application; (C) contain a certificate of service upon: (i) his or her client, unless said client signs said application; and (ii) all parties, or the legal representative thereof; and (D) state the time and date of all hearing dates, if applicable.
- Document
- Trial counsel withdrawal application
- Placement
- Certificate section
Must include
- •Certificate of service
A continuance request must be written and include its reasons, the hearing’s date and time, a certificate of service, and an entry permitting the continuance and setting a new date and time; a scheduling-conflict request must also attach proof of when the other hearing was scheduled.
- Document
- Continuance request
Must include
- •Certificate of service
Court's wording
Every request for a continuance shall: (A) be in writing; (B) state the reasons for the application, (i.e. continuance motions which fail to state a reason for continuance will not be considered). (i.) If the reason for the continuance is that counsel is scheduled to appear at another hearing on the same date and time in another trial court of this State, the case which was first set for trial shall have priority. Therefore, attached to the request for continuance for reason of conflict of hearings shall be proof of the date of scheduling of the other hearing. (ii.) If there is a conflict between civil and criminal cases, criminal cases assigned for trial shall have priority over civil cases. (iii.) If a designated trial attorney has such a number of cases assigned for trial in courts of this State so as to cause undue delay in the disposition of cases in this Court, the Judge may require the trial attorney to provide a substitute trial attorney. If the trial attorney was appointed by this Court or is a Public Defender, the Court may appoint a substitute trial attorney. (C) contain a certificate of service upon all parties, or the legal representative thereof; D) state the time and date of the hearing from which a continuance is being requested; and (E) be accompanied by an Entry permitting said continuance and setting forth a new trial or hearing date and time.
Motions shall be supported by memoranda and/or affidavits. Any request for hearing shall be stated prominently.
All motions wherein an evidentiary hearing is not required shall be accompanied by a proposed entry.
If used, the Prosecutor's Pretrial form must include the listed case, counsel, plea, and continuance information.
Court's wording
The Pretrial form as prepared by the Prosecutor, if utilized, shall include the name of the defendant, the case number, the type of offenses charged, the defense attorney's name, if any, the proposed plea agreement, any continuances in the motion, hearing, or trial dates.
In motions to suppress, both the grounds and the items of evidence sought to be excluded shall be specified.
The Pretrial conference shall be conducted in accordance with Crim.R. 17.1, and, if necessary or ordered, a memorandum of the matters agreed upon shall be filed in the case.
This Pretrial form shall be signed by all parties and counsel present with notification to the Assignment Commissioner.
In order to have his/her criminal case placed on the VETERAN'S SPECIALIZED DOCKET, a criminal defendant must make an application for admission.
Request for a view by the Judge or Jury shall be made at the time of the Pretrial conference and noted in the report.
PROOF: (MUST ATTACH EVIDENCE TO SUPPORT EACH ITEM OF DAMAGE)
You will need to furnish the Court with sufficient information to support the claim.
A jury summons must use readily understandable language and explain how and when to respond and the consequences of failing to respond.
Court's wording
The summons shall be phrased to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by registered mail or by an officer of the Court. The summons shall also clearly explain how and when the recipient must respond and the consequences of his/her failure to respond.
The date and time of hearing shall be specifically set forth in the notice.
Objections to the Magistrate's Decision should be stated in accordance with Civ.R.53.
All prospective jurors may be required to complete a jury questionnaire and, if appropriate, request an excuse, exemption or a deferral.
Prospective jurors shall make all requests for exemptions, excuses and deferrals prior to the date of jury service by returning the Jury Excuse Form to the Clerk of Court's office.
Filing & Service rules
Electronic Filing Rules
Pleadings may be filed by facsimile or electronic transmission, subject to the rules in the document.
Pleadings filed by Facsimile and electronic transmissions shall be accepted pursuant to the rules herein.
Page 5 | RULE 4.0 FILING - IDENTIFICATION OF DOCUMENTS
A person may file a pleading electronically after registering with the court's online filing system.
A. Any person may file a pleading by electronic transmission after registering with the court's online filing system.
Page 10 | 18.0: ELECTRONIC TRANSMISSION FILINGS
The Clerk need not acknowledge an electronic filing, and the sending party bears the risk of electronic transmission.
C. The Clerk of Courts need not acknowledge receipt of the electronic filing. The risk of transmitting a document electronically to the Clerk of Courts shall be borne entirely by the sending party.
Page 10 | 18.0: ELECTRONIC TRANSMISSION FILINGS
Filing Timing and Cure Windows
A party must file a written request with the Clerk within seven days after service of a motion to request oral hearing; otherwise, the motion is submitted without oral hearing and the right to a hearing is waived.
Any motion filed without a specific request for oral hearing shall be deemed submitted by the movant to the Court for disposition without oral hearing. Any party shall have the right to request oral hearing on any motion provided written request therefor is filed with the Clerk within seven (7) days after service of the motion. Failure to request oral hearing shall be deemed a waiver of same.
Page 9 | RULE 16.0: HEARINGS
A request for a jury trial of eight persons must be made at least fourteen days before the scheduled trial date.
A. Request for a Trial by Jury of eight persons must be made in writing, not less than fourteen (14) days prior to the date scheduled for trial.
Page 10 | RULE 17: TRIAL BY JURY
An electronically transmitted document accepted for filing is considered filed when the Clerk receives the complete transmission, unless rejected; the receipt date and time appear on the sender's screen after upload.
B. All documents sent by electronic transmission and accepted for filing shall be considered filed with the Clerk of Courts as of the date and time the Clerk of Courts has received the entire transmission of the filing, unless rejected. The date and time of receipt will be indicated on the sender's computer screen after the document has been uploaded to the Clerk of Courts.
Page 10 | 18.0: ELECTRONIC TRANSMISSION FILINGS
When a set-out is required, the plaintiff must file a request for a writ with the Clerk after the hearing date.
In cases where a set out is required, the following procedure will apply: the Plaintiff shall file with the Clerk a request for a Writ after the date of the hearing.
Page 11 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
In Forcible Entry and Detainer cases on the issue of possession of the premises, said summons shall notify the defendant that defendant must answer or appear on the first Tuesday following the fifth day after defendant has been served with the summons;
In Forcible Entry and Detainer cases on the issue of possession of the premises, said summons shall notify the defendant that defendant must answer or appear on the first Tuesday following the fifth day after defendant has been served with the summons;
Page 11 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
A request for a set-out after the 30-day period requires a motion hearing for issuance of the writ.
A request for set out after the thirty (30) day period will require a motion hearing for issue of the Writ.
Page 11 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
said summons shall notify each defendant that he or she must (1) answer or otherwise plead not later than the first Tuesday immediately following the 28 day after the date upon which said defendant was served with summons and copy of the Complaint, or (2) appear on defendant's own behalf, or by counsel, in Court on such Tuesday.
said summons shall notify each defendant that he or she must (1) answer or otherwise plead not later than the first Tuesday immediately following the 28 day after the date upon which said defendant was served with summons and copy of the Complaint, or (2) appear on defendant's own behalf, or by counsel, in Court on such Tuesday.
Page 11 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
A party that delays a set-out beyond 30 days must comply with the procedure in Paragraph D.
Should a party delay the set out beyond thirty (30 days, the party must comply with Paragraph D above.
Page 12 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
The plaintiff must provide the proper address within ten days after the clerk’s mailed notice or the claim may be dismissed, unless service by another proper method is commenced.
If the defendant cannot be located at the address given to the clerk, the clerk shall notify the plaintiff by mail of the inability to serve the defendant and that claim may be dismissed unless the proper address is provided within ten (10) days.
Page 14 | RULE 28.0 DUTIES OF PARTIES AND COURT — A. Filing of Complaint
Objections to the Magistrate’s Decision must be filed within the stated fourteen-day period.
The Magistrate's Decision shall be filed with the Clerk of Court and served upon the parties with notice of the fourteen (14) day period to file objections to the Court.
Page 14 | RULE 32.0 MAGISTRATE'S DECISION — A
In cited criminal misdemeanor and traffic cases, the affidavit must be filed with the Clerk at least 24 hours before the appearance, unless the defendant is incarcerated.
In all criminal misdemeanor and traffic cases where a citation has been issued, except where the defendant is incarcerated, the affidavit shall be filed with the Clerk of Courts at least 24 hours prior to the time for appearance.
Page 15 | RULE 35.0: CRIMINAL MISDEMEANOR AND TRAFFIC CITATIONS
A written plea must be filed within three days after counsel's telephone notification for that appearance and continuance request to be effective.
When counsel notifies the Assignment Commissioner or Clerk by telephone of an appearance and request for a continuance, such appearance and notification must be followed by a written plea within three (3) days to be effective.
Page 16 | RULE 39.0: WRITTEN NOT GUILTY PLEAS
Without a substitution of counsel, a withdrawal application made within seven working days before trial or a hearing will not be approved absent good cause.
Unless accompanied by a substitution of counsel, withdrawal of counsel shall not be approved on cases where said application has been made within seven (7) working days prior to the trial or hearing date, except for good cause shown.
Page 17 | RULE 41.0: WITHDRAWAL OF COUNSEL
When a not guilty plea is entered at arraignment, the arresting agency must provide the Prosecutor’s office with the Criminal Rule 16 materials in its possession within 10 business days after the arresting officer files the complaint.
For those cases where a not guilty plea is entered at arraignment, all materials set forth in Criminal Rule 16 in possession of the arresting agency shall be provided to the Prosecutor's office within 10 business days of filing of the complaint by the arresting officer.
Page 17 | RULE 42.0: STATEMENTS/REPORTS
A written response to a motion is due no later than 14 days after service and, if a hearing is requested, no later than three days before the hearing.
Parties wishing to respond in writing to such motions shall do so not later than the fourteenth (14h) day following service of the motion, but not later than three (3) days prior to the hearing date, if a hearing has been requested.
Page 18 | RULE 44.0: MOTIONS
Except for motions normally made at trial, motions must be written, served on opposing counsel, and made within the Ohio Rules of Criminal Procedure deadlines unless the Court orders a different time.
All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits proscribed in the Ohio Rules of Criminal Procedure unless a different time is ordered by the Court.
Page 18 | RULE 44.0: MOTIONS
Requests for jury-service exemptions, excuses, and deferrals must be made before the date of service.
Prospective jurors shall make all requests for exemptions, excuses and deferrals prior to the date of jury service by returning the Jury Excuse Form to the Clerk of Court's office.
Page 33 | H. Exemption, Excuse and Deferral
A writ may remain active for no more than 30 days from the originally scheduled set-out date.
A Writ may stay active for no more than thirty (30) days from the date of the originally scheduled set out.
Page 11 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
A written not guilty plea may be entered before arraignment, and if entered, neither counsel nor the defendant needs to appear at arraignment.
A written not guilty plea may be entered prior to the date of arraignment. If the written plea is entered, neither counsel nor the defendant need to appear at the arraignment.
Page 16 | RULE 39.0: WRITTEN NOT GUILTY PLEAS
The schedule lists 2026 court closure dates and the next court date for each closure.
2026 COURT CLOSURES (revised) Court Closed Next Court Date New Year's Day January 1 Friday, Jan. 2 MLK, Jr. Day January 19 Tuesday, Jan. 20 President's Day February 16 Tuesday, Feb. 17 Good Friday April 3 Monday, April 6 Memorial Day May 25 Tuesday, May 26 Juneteenth June 19 Monday, June 22 Independence Day July 3 Monday, July 6 Labor Day September 7 Tuesday, Sept. 8 Veterans Day November 11 Thursday, Nov. 12 Thanksgiving Nov. 26 & 27 Monday, Nov. 30 Christmas Dec. 24 & 25 Monday, Dec. 28 New Year's (2027) Jan. 1 Monday, Jan. 4
Page 37 | 2026 COURT CLOSURES
Service and Proof of Service Rules
The Clerk serves complaint defendants by certified mail at the caption addresses; other service requires a written request, and the Clerk may refuse a complaint lacking a reasonably complete service address.
The Clerk shall issue service upon the persons designated in the Complaint as defendants by certified mail directed to them at their respective addresses stated in the caption. Any Complaint which fails to furnish a reasonably complete address in the caption for such service may be refused by the Clerk. Service, other than the above, may be had only by written request.
Page 6 | RULE 8.0: PLAINTIFF'S COMPLAINT
If service by certified mail or courier fails, the Clerk must attempt service by ordinary mail with a certificate of mailing unless counsel requests otherwise.
In the event of failure of service by certified mail or courier service, the clerk shall attempt additional service by ordinary mail with certificate of mailing upon the party to be served unless requested to do otherwise by counsel.
Page 7 | RULD 9.0: SUMMONS AND OTHER WRITS
Papers filed after the Complaint that must be served must bear a certificate showing service on all other parties or their counsel if represented.
All papers after the Complaint required to be served upon a party shall have endorsed thereon a Certificate evidencing the service of a copy of such document upon all other parties to the action or their respective counsel, if represented.
Page 7 | RULE 12.0: FILINGS SUBSEQUENT TO THE COMPLAINT
The movant must serve notice of an oral hearing on all parties unless the Court directs the Clerk to serve it.
Notice of oral hearing shall be served upon all parties by the movant, unless the Court directs the Clerk to serve same.
Page 9 | RULE 16.0: HEARINGS
When a statute requires service of a written demand before proceedings in aid of execution, written proof of service must be filed before attachment, execution, or those proceedings may issue.
Where service of a written demand upon a party is required by statute prior to the institution of proceedings in aid of execution, there shall be filed in the case written proof of the service of such written demand. No attachment, execution, or proceedings in aid of execution shall be issued out of this court without such proof having been filed.
Page 12 | RULE 25.0: GARNISHMENTS AND PROCEEDINGS IN AID OF EXECUTION
An omitted creditor may be added on the debtor’s or creditor’s application only after obtaining leave of Court and giving notice to the debtor or creditor, as applicable.
The name of any creditor omitted from the list may be added at any time thereafter upon application of the debtor or the creditor with leave of Court first obtained and upon notice to said debtor or said creditor as the case may be.
Page 13 | RULE 26.0: TRUSTEESHIPS
Notice of the filing and pendency of a trustee-appointment application must be served as provided by statute.
Notice of the filing and pendency of the application for appointment of the Trustee shall be served as provided by statute.
Page 13 | RULE 26.0: TRUSTEESHIPS
The Magistrate’s Decision must be served on the parties.
The Magistrate's Decision shall be filed with the Clerk of Court and served upon the parties with notice of the fourteen (14) day period to file objections to the Court.
Page 14 | RULE 32.0 MAGISTRATE'S DECISION — A
If the defendant cannot be located at the address provided, the clerk must notify the plaintiff by mail, and the claim may be dismissed unless the plaintiff provides the proper address within ten days.
If the defendant cannot be located at the address given to the clerk, the clerk shall notify the plaintiff by mail of the inability to serve the defendant and that claim may be dismissed unless the proper address is provided within ten (10) days.
Page 14 | RULE 28.0 DUTIES OF PARTIES AND COURT — A. Filing of Complaint
After withdrawal is approved, withdrawing counsel must immediately mail the withdrawal entry to the client’s last known address.
Once approved, withdrawal entries shall be immediately mailed by the withdrawing counsel to his or her client's last known address.
Page 17 | RULE 41.0: WITHDRAWAL OF COUNSEL
A continuance request must include a certificate of service on all parties or their legal representatives.
(C) contain a certificate of service upon all parties, or the legal representative thereof;
Page 18 | RULE 43.0: CONTINUANCES
Except for motions normally made at trial, written motions must be served on opposing counsel.
All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits proscribed in the Ohio Rules of Criminal Procedure unless a different time is ordered by the Court.
Page 18 | RULE 44.0: MOTIONS
Prospective jurors must be notified of their jury-service obligation by regular mail or by a court officer through a summons directing them to appear on the assigned date.
All prospective jurors shall be notified by regular mail or by an officer of the Court of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 32 | E. Notification and Summoning Procedures
A jury summons must be readily understandable and delivered by registered mail or by a court officer.
The summons shall be phrased to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by registered mail or by an officer of the Court.
Page 32 | E. Notification and Summoning Procedures
If certified-mail service is returned as refused or unclaimed, the complainant requests ordinary-mail service under Civil Rule 4.6(C) or (D).
If service of process by certified mail is returned by the postal authorities with the endorsement of "refused" or "unclaimed" the undersigned requests ordinary mail service in accordance with Civil Rule 4.6 (C) or 4.6 (D).
Page 27 | SMALL CLAIMS COMPLAINT
Service by publication is permitted in accordance with the specified Ohio rules and statutes.
Service by publication may be had as provided in the Ohio Rules of Civil Procedure, the Ohio Revised Code, and the Ohio Rules of Superintendence.
Page 7 | RULE 10.0: SERVICE BY PUBLICATION
A copy of the complaint will be served on the defendant.
Please be advised a copy of this complaint will be served on the Defendant.
Page 28 | SMALL CLAIMS INFORMATION SHEET
Filing Fees and Waivers
When filing a jury-trial request, the requesting party must deposit with the Clerk the sum required by the Court's Schedule of Costs.
B. At the time of filing such request, the requesting party shall deposit with the Clerk of Court such sum as the Court may require in the Schedule of Costs as set forth hereafter.
Page 10 | RULE 17: TRIAL BY JURY
The appropriate deposit must be paid to avoid waiver of a jury trial.
Trial by jury will be deemed waived unless demand is made and the appropriate deposit is paid pursuant to Rule 17 herein and Chapter 1923 of the Ohio Revised Code.
Page 11 | RULE 21.0: FORCIBLE ENTRY AND DETAINER ACTIONS
When costs or fees are required, they must be paid first or the Clerk will refuse the filing or requested court action.
Where the payment of costs or fees is required for the filing of any document or taking of any action by the Court, the Clerk shall refuse to accept such document or take the action requested unless said costs or fees are first paid.
Page 12 | RULE 23.0: COSTS
Small-claims complaint costs and filing fees are set by Appendix B, other costs follow the regular Civil Court Division, and the Court may waive all or part of costs upon an application and finding of indigency.
Costs and filing fee for a Small Claims complaint shall be pursuant to Appendix B. Fees for all other costs shall be the same as those set for the regular Civil Court Division. All or any part of costs may be waived by the Court in the event a party is found, upon application, to be indigent.
Page 14 | RULE 29.0 COSTS
Transfer to the Civil Division requires payment of the appropriate filing fee and must follow Ohio Revised Code Section 1925.10.
A transfer to the Civil Division is accomplished pursuant to Section 1925.10 of the Ohio Revised Code and the payment of the appropriate filing fee.
Page 14 | RULE 31.0 TRANSFER TO CIVIL DIVISION
An F.E.D. complaint costs $125 for one defendant plus $20 for each additional defendant.
F.E.D. COMPLAINT (1 DEFENDANT) $125 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
A civil complaint costs $125 for one defendant plus $20 for each additional defendant.
COMPLAINT (1 DEFENDANT) $125 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
An order to show cause costs $50.
ORDER TO SHOW CAUSE $50
Page 25 | CIVIL FILING COSTS
A certificate of judgment costs $20.
CERTIFICATE OF JUDGMENT $20
Page 25 | CIVIL FILING COSTS
Replevin costs $100 plus $20 for each additional defendant.
REPLEVIN $100 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
An amended complaint costs $40 plus $20 for each additional defendant.
AMENDED COMPLAINT $40 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
A counterclaim or crossclaim costs $50 plus $20 for each additional defendant.
COUNTERCLAIM/CROSSCLAIM $50 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
A revivor complaint or alias costs $50 plus $20 for each additional defendant.
REVIVOR COMPLAINT, ALIAS $50 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
A third-party complaint costs $40 plus $20 for each additional defendant.
THIRD PARTY COMPLAINT $40 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
An intervenor complaint costs $40 plus $20 for each additional defendant.
INTERVENOR COMPLAINT $40 + $20 for each additional defendant
Page 25 | CIVIL FILING COSTS
A debtors examination costs $50.
DEBTORS EXAMINATION $50
Page 25 | CIVIL FILING COSTS
A garnishment costs $130.
GARNISHMENT $130
Page 25 | CIVIL FILING COSTS
A cognovit note costs $60 plus $20 for each defendant.
COGNOVIT NOTE $60 + $20 for each defendant
Page 25 | CIVIL FILING COSTS
A subpoena costs $20.
SUBPOENA $20
Page 25 | CIVIL FILING COSTS
A writ of replevin costs $75.
WRIT OF REPLEVIN $75
Page 25 | CIVIL FILING COSTS
An execution (cash drawer) costs $100.
EXECUTION (CASH DRAWER) $100
Page 25 | CIVIL FILING COSTS
A certified copy costs $5.
CERTIFIED COPY $5
Page 25 | CIVIL FILING COSTS
A bank attachment costs $50 plus a $1 check payable to the bank.
BANK ATTACHMENT $50 + $1 check made payable to bank
Page 25 | CIVIL FILING COSTS
An alias costs $30 plus $20 for each additional defendant.
ALIAS $30 + 20 for each additional defendant
Page 26 | CIVIL FILING COSTS
A transcript of judgment appeal costs $300, or $250 for Appeals Court.
TRANSCRIPT OF JUDGMENT APPEAL $300 ($250 for Appeals Court)
Page 26 | CIVIL FILING COSTS
An objection to a magistrate decision costs $30.
OBJECTION TO MAGISTRATE DECISION $30
Page 26 | CIVIL FILING COSTS
A jury bond costs $300 per day with a two-day minimum, and $50 is not refundable.
JURY BOND $300 per day - 2 day minimum ($50 not refundable)
Page 26 | CIVIL FILING COSTS
A small claims complaint costs $65 plus $20 for each additional defendant.
COMPLAINT $65 + $20 for each additional defendant
Page 26 | SMALL CLAIMS FILING COSTS
A motion to continue costs $5.
MOTION TO CONTINUE $5
Page 26 | CIVIL FILING COSTS
A juror's fee is $10 if excused and $25 if served.
JUROR'S FEES $10 (if excused) $25 (if served)
Page 26 | CIVIL FILING COSTS
A transfer for improper venue costs $60.
TRANSFER FOR IMPROPER VENUE $60
Page 26 | CIVIL FILING COSTS
Transferring a small claims case to civil costs $60.
TRANSFER SMALL CLAIMS TO CIVIL $60
Page 26 | SMALL CLAIMS FILING COSTS
Post-judgment motions cost $30 plus $20 for each additional defendant.
POST JUDGMENT MOTIONS $30 + $20 for each additional defendant
Page 26 | CIVIL FILING COSTS
A transfer of judgment in costs $20.
TRANSFER JUDGMENT IN $20
Page 26 | CIVIL FILING COSTS
Sheriff fees are $50.
SHERIFF FEES $50
Page 26 | CIVIL FILING COSTS
Trusteeship costs $60 plus 50 cents per creditor.
TRUSTEESHIP $60 (plus .50 per creditor)
Page 26 | CIVIL FILING COSTS
A small claims amended complaint or counterclaim costs $40 plus $20 for each additional defendant.
AMENDED OR COUNTER CLAIM $40 + $20 for each additional defendant
Page 26 | SMALL CLAIMS FILING COSTS
Execution of a writ of restitution costs $50.
EXECUTION OF WRIT OF RESTITUTION $50
Page 26 | CIVIL FILING COSTS
An exemplified copy costs $5.
EXEMPLIFIED COPY $5
Page 26 | CIVIL FILING COSTS
Some pleadings require payment of fees or costs.
Some pleadings will require the payment of fees or costs.
Page 10 | 18.0: ELECTRONIC TRANSMISSION FILINGS
The Court must publish a fee-and-cost schedule specifying amounts payable to the Clerk when a document is filed or court action is taken.
The Court shall fix and publish a Schedule of Fees and Costs which shall set forth the costs to be paid to the Clerk of Court upon the filing of any document or the taking of any action by the Court.
Page 12 | RULE 23.0: COSTS
The Court may require additional costs to be posted in any case at any time.
The Court in its discretion may require the posting of additional costs in any case at any time.
Page 12 | RULE 23.0: COSTS
Court employees may notarize affidavits only for the Court’s civil or criminal business, and no fee is charged for the service.
Employees of this Court shall only notarize affidavits pertaining to Civil or Criminal business of this Court. No fee shall be charged for this service.
Page 4 | RULE 3.02 NOTARY FEE
The Court must furnish prescribed forms to parties or counsel at no cost.
Any form prescribed by the Court shall be furnished to parties or counsel at no cost.
Page 12 | RULE 24.0: FORMS
Sealing & Redaction Procedures
Before providing a document copy, the Clerk must redact specified personal and identifying information, except as provided by law or court order.
The Clerk shall not provide a copy of any document, except as provided by law or ordered by the Court, without redacting the social security number (last four digits are public), all financial account numbers such as debit and credit card numbers, and employer and employee identification numbers, as well as any identifiers of juvenile victims.
Page 4 | RULE 3.01 CONTROL OF DOCUMENTS
Adjournment & Extension Requirements
The Court may extend a defendant’s time to move, answer, or otherwise plead only on a written application filed with and allowed by the Court before the original deadline expires.
The Court may in its discretion enlarge the time for a defendant to move, answer, or otherwise plead in any civil action; but such enlargement shall be allowed only upon the written application duly filed with the Court and allowed by the Court prior to the expiration of the time originally allowed by law to move, answer, or otherwise plead.
Page 7 | RULE 11.0: ENLARGEMENT OF TIME TO MOVE, ANSWER, OR OTHERWISE PLEAD
A continuance requires counsel’s agreement evidenced by an entry filed by the hearing time, a written Court order filed before the hearing, or an order at the hearing documented by a later written entry; the Court may grant one for good cause and as justice requires.
Continuances shall be allowed only upon (a) agreement of counsel evidenced by an entry filed prior to or at the time scheduled for hearing, (b) upon written order of the Court filed prior to the time scheduled for hearing, or (c) order made at the time of hearing and documented by a written entry filed thereafter. The Court may grant continuances for good cause shown, and as the justice of a case may require.
Page 8 | RULE 14.0: CONTINUANCES
Once a Pretrial Conference or Report Hearing is scheduled, it is mandatory and may be canceled or continued only by Court order.
After the Pretrial Conference or Report Hearing is set upon the Court's calendar, such conference shall be deemed mandatory and may be canceled or continued only by order of the Court.
Page 8 | RULE 15.0: PRETRIAL CONFERENCE - REPORT HEARING
A continuance request beyond ten calendar days will not be granted unless a speedy-trial waiver accompanies the written plea.
No request for a continuance beyond ten (10) calendar days will be granted without a waiver of speedy trial accompanying the written plea.
Page 16 | RULE 39.0: WRITTEN NOT GUILTY PLEAS
Continuances require a written, reasoned request with service certification, the hearing date, and an entry setting a new date; they are granted only for good cause at the trial court’s discretion, and requests within one week of trial or hearing are not considered absent good cause.
Every request for a continuance shall: (A) be in writing; (B) state the reasons for the application, (i.e. continuance motions which fail to state a reason for continuance will not be considered). (i.) If the reason for the continuance is that counsel is scheduled to appear at another hearing on the same date and time in another trial court of this State, the case which was first set for trial shall have priority. Therefore, attached to the request for continuance for reason of conflict of hearings shall be proof of the date of scheduling of the other hearing. (ii.) If there is a conflict between civil and criminal cases, criminal cases assigned for trial shall have priority over civil cases. (iii.) If a designated trial attorney has such a number of cases assigned for trial in courts of this State so as to cause undue delay in the disposition of cases in this Court, the Judge may require the trial attorney to provide a substitute trial attorney. If the trial attorney was appointed by this Court or is a Public Defender, the Court may appoint a substitute trial attorney. (C) contain a certificate of service upon all parties, or the legal representative thereof; D) state the time and date of the hearing from which a continuance is being requested; and (E) be accompanied by an Entry permitting said continuance and setting forth a new trial or hearing date and time. Said requests shall only be granted upon good cause shown, and are at the sole discretion of the trial court. No request for continuance shall be considered if made within one week prior to the trial or hearing date, except for good cause shown.
Page 18 | RULE 43.0: CONTINUANCES
Chambers Communication Rules
If counsel telephones the Assignment Commissioner or Clerk about an appearance and continuance request, a written plea must follow within three days for the notice to be effective.
When counsel notifies the Assignment Commissioner or Clerk by telephone of an appearance and request for a continuance, such appearance and notification must be followed by a written plea within three (3) days to be effective.
Page 16 | RULE 39.0: WRITTEN NOT GUILTY PLEAS
If the jury will be waived or the case settled, counsel who demanded a jury trial must notify the Assignment Commissioner at least 14 days before trial.
When a jury trial has been requested, it is the duty of the trial counsel demanding a trial by jury to notify the Assignment Commissioner at least fourteen (14) days prior to the trial date if the jury is to be waived or the case has been settled.
Page 19 | RULE 48.0: JURY TRIAL
Counsel must notify the Assignment Commissioner by 2:00 p.m. on the day before trial of any late plea change or jury waiver to avoid assessment of full jury costs.
Additionally, failure of counsel to notify the Assignment Commissioner by 2:00 p.m. the day preceding the trial, of any late change in plea or jury waiver, will result in jury costs in the full amount being assessed.
Page 19 | RULE 48.0: JURY TRIAL
Before issuing an oral-hearing notice, counsel must obtain the hearing date and time's approval from the Assignment Commissioner.
Counsel shall obtain approval of the date and time of hearing from the Assignment Commissioner prior to issuance of such notice.
Page 9 | RULE 16.0: HEARINGS
Jurors should call the Clerk’s office the night before service begins or consult the designated alternate media for their service instructions.
Jurors are instructed to call the Clerk's office designated phone number the night before their jury service is scheduled to begin or consult the alternate designated media to hear a message which informs them about their jury service requirements.
Page 33 | G. Term of and Availability for Jury Service
Electronic filers are urged to verify with the Clerk that their filing was received.
Anyone using electronic filing is urged to verify receipt of such filing with the Clerk of Courts.
Page 10 | 18.0: ELECTRONIC TRANSMISSION FILINGS