Morgan County Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A witness’s failure to appear when the subpoena return was not filed as required is not grounds for a continuance.
- A continuance request must be made by written motion unless made on the record in open court, and must state the date from which the continuance is requested and the reasons; the judge retains discretion to grant or deny it.
- An application to continue a pretrial conference must be addressed to the judge assigned to the case.
- +5 more
Request must include
Document Format Requirements4 rules
The Clerk shall accept only legible copies of documents attached to pleadings or motions.
All papers offered for filing with the Court shall be type written or printed on 8 1/2-inch by 11-inch bond paper without backing. Original documents attached or offered as exhibits and official court forms supplied by the Clerk are exempt from the requirements of this rule.
- Paper size
- Letter
Proceedings in aid of execution must use Court-prescribed forms and include the specified original and copies.
Court's wording
Proceedings in aid of execution shall be filed on forms prescribed by the Court and shall consist of the original to be retained by the Clerk, as many copies thereof as there are parties to be served in the proceedings, and one copy for the return of service.
No release, assignment, or similar matter shall be written directly upon the dockets.
Document Filing Requirements39 rules
Papers offered for filing must include a title identifying the filer, party designation, and document nature, along with the designated trial attorney’s typed name, signature, office address, and office telephone number.
Court's wording
All papers offered for filing with the Court shall be identified by including: 1. A title containing the name and party designation of the party filing it and the nature of the document (e.g. Defendant John Doe's Answer); and 2. The typed name, signature, office address, and office telephone number of the designated trial attorney.
Plaintiffs shall tender with the original Complaint a sufficient number of service copies for all defendants to be served.
The name of the attorney filing the proceedings shall appear at the place provided on the original and upon all copies.
Fees for legal services rendered the debtor by counsel of record in the trusteeship may be added or increased only by entry endorsed by counsel and the debtor.
Requests for trial by jury shall be made in accordance with Civil Rule 38.
Each counsel shall present to the court in writing a statement of the issues involved, the matters stipulated, and the questions of law which are to be resolved by trial.
Each counsel shall provide in writing the text of, and citations of authority for, any instructions requested at least ten (10) days before the date of the jury trial.
Counsel must file a written pretrial statement identifying expected witnesses and addressing the specified trial, jury, and damages issues.
Court's wording
Each counsel shall file with the Court in writing a statement indicating the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether a view will be requested; whether a jury trial, if previously demanded, will now be waived, and if not, the number of jurors demanded; and whether the case is one where the issue of damages should be tried separately if liability is found.
Each counsel shall present in writing to the Court an itemization of all special damages claimed, if any.
No entry shall be accepted for filing unless signed by a judge.
If a continuation is requested due to a prior set hearing in another court, a copy of the notice of such hearing shall accompany said motion.
Attorneys submitting motions for continuance shall accompany them with an entry providing blanks for the new trial of hearing time and date.
Any motion other than for continuance under Rule 9.00 shall be accompanied by a memorandum indicating the questions and authorities in support thereof; absent such a memorandum, motion shall be stricken from the files.
Releases and assignments of judgment shall be in writing and signed by a person authorized to execute the instrument.
Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect, unless otherwise directed by the court, and also a statement of the balance, if any, still due on the judgment.
No attorney who has entered his or her appearance in a case may withdraw as trial attorney except upon written motion for good cause shown and after notice to the client.
All documents filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney.
All motions must be in writing and accompanied by a written memorandum containing facts, citations and arguments of counsel.
A motion for default judgment must be submitted with an entry.
Court's wording
Upon perfection of service, the Clerk shall notify counsel of the Default and that a failure to submit a Motion for Default Judgment with an Entry within fifteen (15) days may result in the case being dismissed.
The Journal Entry shall state which party will pay the court costs.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.
Prevailing counsel must submit an application for default judgment after notice that the case has defaulted.
Court's wording
Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application of default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.
Thereafter, in filing any papers therein or calling the attention of the Court to any case, its number must be given.
All motions shall set forth clearly and specifically the grounds for such motions, along with supporting citations (copies of foreign and federal decision to be attached). Any motions filed which are not in compliance with this Rule shall be summarily overruled.
In Motions to Suppress, the items of evidence in question shall be specified.
Every transcript filed in this Court shall bear the name, address and telephone number of the court reporter making the same.
No bill for any transcript ordered by a judge shall be approved unless the same is certified by the reporter that the charge therefore is fair and conforms to the law.
All motions shall be made in writing and accompanied by a written memorandum containing the facts and the arguments of counsel.
An electronically filed document requiring an attorney's signature must use the stated slash signature and include the attorney name, Ohio Supreme Court number, party representation, and address.
- Document
- Electronically filed pleading or other document requiring attorney signature
- Placement
- Signature block
Court's wording
A pleading or other document requiring an attorney's signature shall be signed in the following manner if filed electronically: " / (attorney name) /. " The correct format for an attorney signature is as follows: • /Ohio Attorney/ • attorney's name (typed) • Ohio Supreme Court Number • Attorney for (Plaintiff/Defendant) • Address
All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio.
Prospective jurors shall be sum moned only u pon the fi ling of a written "ju ry demand" or where the potential penalty is three h u nd red sixty-five (365) days or more for any single offense.
The juror summons shall be phrased so it can be readily understood by an i nd ivid ual u nfamiliar with the legal process. The j ury summons shall clearly explain how and when the recipient m ust respond and the co nseq uences for failing to respond .
Proposed written instructio ns shall be subm itted not later than seven (7) days before trial.
Each counsel shall bring to the pretrial, all exhibits if practicable, which are expected to be offered in evidence at the trial.
An entry shall be drawn in language that is appropriate to the specific case in which it is to be filed.
No attorney, officer, or attache' of the court, nor any member of his or her immediate family, shall furnish bail or surety by the clerk of this court, in any civil matter.
A party requesting stenographic recording must ensure the court receives written notice at least 15 days before the hearing.
Court's wording
Either party to the cause of action may request the court proceeding be recorded by stenographic means if the court has received written notice of the request at least fifteen (15) days prior to the hearing.
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.
The pretrial shall be conducted in accordance with Criminal Rule 17. 1 and a memorandum of the matters agreed upon should be filed in said case.
Filing & Service rules
Electronic Filing Rules
An electronically filed document cannot be altered after it has been accepted into the system.
After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.
Page 26 | EFILING — ELECTRONIC FILING POLICY
A properly executed and signed User Agreement Form is required for the Court to set up an electronic-filer account and assign login credentials.
An Account will be assigned upon receipt of a properly executed and signed User Agreement Form; the Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing document.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Attachments and exhibits must be filed electronically, except those over 30 megabytes, which must be submitted in hard copy and served on all other parties.
Attachments and exhibits are to be filed electronically. Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 26 | EFILING — ELECTRONIC FILING POLICY
A filer unable to file electronically because of problems on the filer's end must file a hard copy with the Court.
A filer who cannot file a document electronically due to problems on the filer's end, must file a hard copy of the document with the Court.
Page 27 | 14.
The Court assigns a confirmation number upon receipt of a complete filing, emails confirmation details after successful processing, emails notice of rejection, and permits the filer to submit a corrective filing later.
A confirmation number will be assigned to each filing when it is received in its entirety by the Court's receiving device. Upon successful processing of the filing by the Court, an electronic mail message containing the confirmation number and case number assigned, if any, will be sent to the filer. Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so.
Page 26 | EFILING — ELECTRONIC FILING POLICY
The Court reserves the right to deny e-filing use for habitual nonconformance or uncorrected equipment incompatibility.
NONCONFORMANCE RULE - The Court reserves the right to deny any party, firm, or agency the use of e Filing due to habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected .
Page 27 | NONCONFORMANCE RULE
The Court permits the use and filing of tickets produced electronically.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Morgan County Court.
Page 15 | 4.1 USE OF ELECTRONICALLY PRODUCED TICKET
Complaints, pleadings, and other documents may be filed electronically via the Internet under this policy.
In conformity with Ohio Revised Code, Ohio C iv il Rule S(E) and Criminal Rule 12(B) and, as approved (provisionally) by the Ohio Supreme Court on Technology and the Courts, complaints, pleadings and other documents may be f iled with the Court electronically via the Internet, subject to the provisions in this rule.
Page 25 | EFILING — ELECTRONIC FILING POLICY
An electronically filed document is accepted as the original filing.
A document electronically filed shall be accepted as the original filing.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Each electronically filed document receives an acknowledgment of its confirmation date and time.
All electronically filed documents shall receive a confirmation date and time acknowledgement.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Filing Timing and Cure Windows
A witness-subpoena return must be filed with the Clerk before trial.
The Return for subpoenas of witnesses shall be filed with the Clerk before the date of trial.
Page 7 | 6.00 SUBPOENAS FOR WITNESSES.
Requested jury instructions and supporting authority must be provided at least ten days before trial.
Each counsel shall provide in writing the text of, and citations of authority for, any instructions requested at least ten (10) days before the date of the jury trial.
Page 8 | 8.00 PRETRIAL PROCEDURE.
All written statements must be filed no later than the pretrial hearing.
All written statements shall be filed at or before the pretrial hearing.
Page 8 | 8.00 PRETRIAL PROCEDURE.
Adverse counsel must approve or reject the judgment entry within five days; if it is not returned within that period, it goes to the trial judge for approval in the judge's chosen form.
submit the same to counsel for the adverse party who shall approve or reject the entry within five (5) days. If opposing counsel fails to return the entry within five (5) days, it shall be submitted to the trial judge who shall approve the entry in the form he considers proper.
Page 9 | 11.00 ENTRIES
Counsel for the prevailing party must prepare a judgment entry within five days of the court's order.
Counsel for the prevailing party shall prepare a judgment entry within five (5) days of an order of the court
Page 9 | 11.00 ENTRIES
After the Clerk’s dismissal notice for failure to obtain service, good cause must be shown within ten days to avoid dismissal.
If counsel fails to obtain service of a 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 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(1)
After service is perfected, counsel should submit a motion for default judgment with an entry within 15 days to avoid possible dismissal.
Upon perfection of service, the Clerk shall notify counsel of the Default and that a failure to submit a Motion for Default Judgment with an Entry within fifteen (15) days may result in the case being dismissed.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(2)
Opposing counsel must approve or reject the journal entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 14 | Judgment Entries
The journal entry must be submitted to opposing counsel within five days of the decision.
That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 14 | Judgment Entries
A settlement may avoid trial without an entry initially, 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 14 | Judgment Entries
The journal entry must be submitted to the judge within 15 days of the decision; otherwise, the court will prepare it.
Within fifteen (15) days of the decision, the journal entry shall be submitted to the Judge or thereafter, the Court will prepare the journal entry.
Page 14 | Judgment Entries
After the clerk gives notice that a case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.
Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application of default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.
Page 14 | Judgment Entries
A jury demand must be filed by the later of ten days before trial or the third day after receipt of notice of the trial date.
Demand for a jury must be filed at least ten (10) days prior to trial date, or on or before the third day following receipt of notice of the date set for trial, whichever is later.
Page 16 | 9.00 JURY
The prosecutor and defense must submit jury instructions by the pretrial; for pretrials scheduled before the rule's effective date, they are due at least seven days before trial.
Jury instructions for the offense charged and any defense are due from the Prosecutor and the defense attorneys, respec tively, no later than at the time of the pre-trial. For those cases where the pretrial has already been scheduled, before the effective date of this Rule, the aforesaid jury instructions are due no later than seven (7) days before the scheduled trial date.
Page 17 | 9.03 JURY INSTRUCTIONS
Motions requiring an oral hearing must be set within 15 days after filing, and each party must secure the attendance of necessary witnesses.
All motions requiring oral hearing shall be set within fifteen (15) days of the date such filing is made and it shall be the responsibility of each party to secure the attendance of all witnesses necessary to establish their position.
Page 17 | 11.00 ENTRIES
Counsel seeking payment for services in criminal cases must submit their statements within 30 days after the case ends or their fee applications will not be approved.
Counsel who wish to be paid for their services in criminal cases involving defendants will submit their statements to the Court within thirty (30) days from the date of the termination of said case. Otherwise, applications for fees will not be approved by the Court.
Page 18 | 15.00 COURT APPOINTED ATTORNEY FEES
Motions must be filed within the time limits set by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 19 | 17.00 CASE MANAGEMENT IN CRIMINAL CASES
After the clerk's notice following perfected service, counsel must submit an entry within fifteen days to avoid possible dismissal.
Upon perfection of service, the Clerk shall notify counsel of said default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 23 | 1.00 CASE FLOW MANAGEMENT IN SPECIAL PROCEEDINGS
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.
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 23 | 1.00 CASE FLOW MANAGEMENT IN SPECIAL PROCEEDINGS
After a file is marked “settlement to come,” the entry must be received within thirty days; otherwise, the clerk will notify the party of dismissal unless the entry is received within ten more days.
When a file has been marked "settlement to come " and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his/her case will be dismissed unless the entry is received within ten (10) days.
Page 24 | 1.00 CASE FLOW MANAGEMENT IN SPECIAL PROCEEDINGS
If a case has had no action for six months and is not set for trial, the party must show good cause within the one-week dismissal period to avoid dismissal.
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 within one (1) week unless good cause is shown.
Page 24 | 1.00 CASE FLOW MANAGEMENT IN SPECIAL PROCEEDINGS
Electronic filings must be completed during regular hours; documents received outside those hours will be filed the next business day.
All electronic filings must be completed during regular hours. Any document received outside of regular hours will be filed the next business day.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Counsel of record or the parties, as appropriate, must tell the court at least 10 working days before trial whether a jury will be required.
The cou nsel of record or the parties, whichever is appropriate , at least ten ( 1 0) working d ays before the sched uled trial d ate shall advise the cou rt that a jury either will or will not be req uired .
Page 29 | DUTY OF COUNSEL
Proposed written jury instructions are due no later than seven days before trial.
Proposed written instructio ns shall be subm itted not later than seven (7) days before trial.
Page 32 | JURY ORIENTATION
The court must receive written notice of a stenographic-recording request at least 15 days before the hearing.
Either party to the cause of action may request the court proceeding be recorded by stenographic means if the court has received written notice of the request at least fifteen (15) days prior to the hearing.
Page 11 | 16.00 RECORDING OF PROCEEDINGS AND COSTS
If a case not set for trial has had no activity for six months, the Clerk will notify the party that it will be dismissed within two weeks 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, the Clerk shall notify the party that the matter will be dismissed within two (2) weeks unless good cause is shown.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(4)
A settlement entry is due within 30 days after the file is marked “settlement entry to come.”
When a file has been marked "settlement entry to come" and the Entry has not been received within thirty (30) days,
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(5)
After the Clerk’s notice, the settlement entry must be received within ten days to avoid dismissal.
the Clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(5)
Criminal and traffic judgments and orders must be shown on the docket as entered on the date the court announced them.
All Criminal and Traffic judgments and orders of this Court shall be shown as entered on the dockets of the Court as of the date the said judgments were announced by the Court.
Page 17 | 10.00 JUDGMENTS, ORDERS AND ENTRIES
Proceeding recordings must comply with Criminal Rule 22, and any request required by that rule must be made before trial begins.
Any and all recording of proceedings shall be done only in accordance with Criminal Rule 22 and where a request is required by said rule. Such request must be made prior to the commencement of trial.
Page 18 | 14.00 RECORDING OF PROCEEDINGS
A party whose filing is untimely because of a Court-system failure or problems on the filer's end may seek appropriate relief from the Court.
A filing party whose filing is made untimely as a result of a technical failure of the Court's system or site, or as a result of the problems on the filer's end, may seek appropriate relief from the Court.
Page 27 | 14.
The Court may deem its website to have a technical failure if it cannot accept filings continuously or intermittently for more than one hour after 10:00 a.m.; known outages will be posted when possible.
The Court may deem the internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10: 00 a.m. that day. Known system outages will be posted on the website, if possible.
Page 27 | 14.
A settlement entry may be filed at any time.
Entries of settlement may be filed at any time.
Page 14 | Judgment Entries
After acceptance processing, an electronically filed document is file-stamped with the receipt date and time and the filing's case number.
Upon successful completion of acceptance processing by the Court, a document filed electronically will be electronically file stamped . This stamp will include the date and time that the receiving device of the Court received the entire transmission as well as the case number of the filing.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Service and Proof of Service Rules
Documents offered for filing that must be served on other parties, except complaints, must contain proof of service in the form provided by Civil Rule S(D).
All documents except the complaint offered for filing and required to be served on other parties, shall contain proof of service in the form provided by Civil Rule S(D).
Page 6 | 4.02 PROOF OF SERVICE
Before the pretrial conference, counsel must exchange expected expert-witness reports and, when involved, medical reports and hospital records.
Prior to the date of the pretrial conference, counsel shall exchange reports of expert witnesses expected to the called by each party, as well as medical reports and hospital records if such are involved.
Page 8 | 8.00 PRETRIAL PROCEDURE.
If service fails, the Clerk must notify counsel immediately; counsel must obtain summons service within six months of filing or face a dismissal notice allowing ten days to show good cause.
In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of a 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 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(1)
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(1)
The assignment commissioner must notify all counsel of record of a pretrial conference by mail and/or telephone at least 14 days beforehand.
Notice of pretrial conference shall be given to all counsel of record by mail and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 13
When an electronically produced ticket is issued at the scene, the 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 15 | 4.1 USE OF ELECTRONICALLY PRODUCED TICKET
Pleadings must be served under the applicable civil or criminal procedure rules; leaving them with the clerk or other court personnel does not constitute service, and court personnel need not forward them.
Service of Pleadings shall be accomplished by following the applicable Rules of Civil or Criminal Procedure. No pleading shall be deemed served by leaving a copy with the Clerk or any other Court personnel. Neither the Clerk nor any other personnel of the Court have an obligation to forward pleadings left by counsel to the opposing party.
Page 17 | 12.00 SERVICE OF PLEADINGS
Counsel must obtain service of summons within six months in new cases; otherwise, the clerk will notify counsel of possible 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 23 | 1.00 CASE FLOW MANAGEMENT IN SPECIAL PROCEEDINGS
Attachments and exhibits over 30 megabytes must be served on all other parties when submitted in hard copy.
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Electronically filed documents must be served under the referenced procedural rules; after appearing, a party must provide an email address and service must be electronic where possible.
Documents filed electronically with the Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 4 9. Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronically, where possible.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Prospective jurors must be notified by regular mail using a summons directing them to appear on the assigned date.
Prospective jurors shall be notified by reg ular mail of their service requ i rement by the issuance of a summons d i recting them to appear on the date assig ned .
Page 29 | SUMMONING OF PROSPECTIVE JURORS FOR ACTUAL SERVICE
The bailiff or clerk must mail notice of a personal-property sale to the parties and attorneys of record by ordinary mail, but failure to mail notice does not invalidate the sale.
A copy of the notice of the sale of personal property shall be mailed by the bailiff, or clerk, to the parties and to attorneys of record in the case, by ordinary mail; however, failure to mail such notice shall not invalidate the sale.
Page 10 | 12.00 SALE AND CONFIRMATION
Court notices, communications, and documents required to be served will be sent to the designated trial attorney.
All notices and communications from the court and all documents required to be served will be sent to the designated trial attorney.
Page 11 | 15.00 TRIAL ATTORNEY
The Court prefers personal service on all defendants.
However, the Court prefers personal service on all Defendants.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (C)(1)
The defaulting party need not be served with the default-judgment application.
There is no need to serve the defaulting party.
Page 14 | Judgment Entries
Filing Fees and Waivers
On an opposing party's motion or a court officer's request, the court may increase an insufficient cost deposit; after reasonable notice, failure to provide the security requires dismissal of the action before judgment or the proceeding after judgment.
On Motion of the opposing party or at the request of the officer of the court, and if satisfied that the deposit specified is insufficient, the court may require said deposit to be increased from time to time so as to secure all costs that may accrue in the cause. If such security is not given after reasonable notice, the court shall dismiss the action, if before judgment, or shall dismiss the proceeding, if after judgment.
Page 10 | 13.00 CIVIL COSTS
The Court establishes a schedule of fees and costs shown on an attached schedule.
Pursuant to Ohio Revised Code Section 1907. 24, the Morgan County Court establishes by this rule a schedule of fees and costs as shown on the attached schedule.
Page 20 | 18.00 COURT COSTS - CRIMINAL CASES
A $20.00 special-projects court cost is assessed in each traffic case except seat belt violations and in every civil case, including post-judgment collection efforts.
Pursuant to Ohio Revised Code Section 1907. 24(B)(1), the Morgan County Court establishes, by court order filed May 31, 2001, a special projects fund. Said order assesses the sum of $20. 00, as court cost, to each traffic case (except seat belt violations) as well as $20. 00 on every civil case including post-judgment collection efforts.
Page 20 | 18.00 COURT COSTS - CRIMINAL CASES
A probation supervision fee of $20.00 per month is assessed for each person on probation until official release from probation.
Pursuant to Ohio Revised Code Sections 2951. 02. 1 and 321. 44, the Morgan County Court establishes, by court order filed March 12, 2004, a Probation Supervision Fee. Said order assesses the sum of $20.00 per month for each month on each individual placed on probation until which time they are officially released from probation.
Page 20 | 18.00 COURT COSTS - CRIMINAL CASES
A $10.00 computerization fee is charged for the specified certificate-of-judgment, aid-in-execution, and judgment-petition filing or docketing activities.
there shall be charged in each cause of action or appeal, on the filing, docketing and endorsing of each certificate of judgment or on the docketing and indexing of each aid in execution or petition to vacate, revive or modify a judgment a fee of $10.00 for computerization of the office of the Clerk of the County Court.
Page 20 | 18.00 COURT COSTS - CRIMINAL CASES
The Court must collect the additional costs required by the cited statutes in each new criminal proceeding.
The County Court shall collect the sum as required, for additional costs in each new criminal proceeding as mandated by Ohio Revised Code 2743.70 and 2949. 091.
Page 20 | 18.00 COURT COSTS - CRIMINAL CASES
A $3.00 computerized legal research fee is charged in each cause of action or appeal.
Pursuant to Ohio Revised Code Section 1907.261 there shall be charged in each cause of action or appeal a fee of $3. 00 for computerized legal research
Page 20 | 18.00 COURT COSTS - CRIMINAL CASES
Normal filing fees are assessed and payments are collected by user credit card when processed; the Court may assess a credit-card surcharge in an amount it determines.
The Court shall assess normal filing fees and case payments will be collected via user credit card at the time the filing is processed. Pursuant to §301.28(E) and (F) of the Ohio Revised Code, a surcharge for credit card use may be assessed in an amount to be determined by the Court.
Page 26 | EFILING — ELECTRONIC FILING POLICY
Civil jury service requires a $400 deposit filed with the clerk at final pretrial; failure to pay waives the jury-trial right, but a person without funds may petition for a waiver.
I n civil cases, an advance "deposit" of fou r h undred dollars ($400) shall be assessed . The deposit shall be fi led with the clerk at the time of the fi nal pre-trial. I n the event the deposit is not made, no jury will be summoned and the failure to make said deposit shall be deemed a waiver of any right to trial by jury at any su bseq uent time. A person without funds to pay a deposit may petition the Court for a waiver of the jury deposit req uirement.
Page 29 | A DEMAND FOR JURY SERVICE IS NECESSARY
The Court may require a jury-cost deposit of up to $400, unless a Court-approved hardship affidavit is filed instead.
The Court may order the parties to pay a deposit for the jury, not to exceed $400.00 as security for costs; unless an affidavit of hardship, approved by the Court, is filed in lieu of the deposit.
Page 7 | 7.00 DEMAND AND DEPOSIT FOR JURY.
The court may increase the deposit from time to time to secure costs that may accrue in the case.
The Court may require said deposit to be increased from time to time so as to secure all costs that may accrue in the case.
Page 10 | 14.01 COSTS
The court establishes fees and costs according to the attached schedules.
Pursuant to Ohio Revised Code Section 1907.24, the Morgan County Court establishes by this rule a schedule of fees and costs as shown on the attached schedules.
Page 10 | 14.01 COSTS
Fees and costs shall be as prescribed by the court by court order.
Fees and costs shall be as prescribed by the court by court order.
Page 10 | 13.00 CIVIL COSTS
All costs and deposits must be delivered to and disbursed by the clerk.
All costs and deposits shall be delivered to and disbursed by the clerk.
Page 10 | 13.00 CIVIL COSTS
The County Court collects the required additional costs in each new civil or small-claim action or proceeding.
The County Court shall collect the sum as required, for additional costs in each new civil and small claim action or proceeding for the charitable public purpose of providing financial assistance to legal aid societies that operate within the state.
Page 11
A $3.00 computerized legal research fee is charged in each cause of action or appeal.
Pursuant to Ohio Revised Code Section 1907.261, there shall be charged in each cause of action or appeal a fee of $3.00 for computerized legal research
Page 11
A $10.00 computerization fee is charged for the specified certificate-of-judgment and aid-in-execution petition events.
there shall be charged in each cause of action or appeal, on the filing, docketing and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution of petition to vacate, revive or modify a judgment a fee of $10.00 for computerization of the office of the Clerk of County Court.
Page 11
The presiding judge may waive an advance deposit if the party presents an affidavit or other evidence of inability to pay.
At the discretion of the presiding judge, the Court may waive any advance deposit requirement upon the presentation of an affidavit or other evidence that established that a party is unable to make the required deposit.
Page 11
The sentence provides that jury costs will be attached to the case in connection with the deadline for notifying the court of a change in plea.
All attorneys shall notify the court no later than 3: 00 p.m., two days preceding their trial of any change in plea or jury costs will be attached to their case.
Page 20 | 17.00 CASE MANAGEMENT IN CRIMINAL CASES
A $3 computerized legal research fee is charged in each cause of action or appeal.
there shall be charged in each cause of action or appeal a fee of $3.00 for computerized legal research
Page 24 | 3.00 COUNTY COURT COMPUTERIZATION AND RESEARCH FUNDS
A one-time $240 probation supervision fee is assessed on each individual placed on probation.
Said order is being amended to assess a onetime fee of $240. 00 on each individual placed on probation.
Page 24 | 5.00 PROBATION SUPERVISION FEE
A $10 computerization fee is charged for the specified judgment certificates, aids in execution, and petitions concerning a judgment.
there shall be charged in each cause of action or appeal, on the filing, docketing and endorsing of each certificate of j udgment or on the docketing and indexing of each aid in execution or petition to vacate, revive or modify a judgment a fee of $10 . 00 for computeriza tion of the office of the Clerk of the County Court.
Page 24 | 3.00 COUNTY COURT COMPUTERIZATION AND RESEARCH FUNDS
A $20 court cost is assessed in each traffic case except seat belt violations and in every civil case, including post-judgment collection efforts.
Said order assesses the sum of $20.00, as court cost, to each traffic case (except seat belt violations) as well as $20.00 on every civil case, including post-judgment collection efforts
Page 24 | 4.00 SPECIAL PROJECTS
A dishonored check returned unpaid incurs a $25 fee, which the court may increase to cover costs accruing in the case.
Pursuant to Ohio Revised Code Section 1319.16, the Morgan County Court establishes, by this Rule, a $25.00 fee for any check dishonored and returned unpaid. This Court may require said fee to be increased from time to time so as to secure all costs that may accrue in the case.
Page 24 | 2.00 RETURNED CHECK CHARGE
No deposit is required for a criminal jury trial.
No deposit for criminal jury trial is required.
Page 16 | 9.01 JURY COSTS
No jury deposit is required in criminal cases.
I n criminal cases, no d eposit shall be requ ired .
Page 29 | A DEMAND FOR JURY SERVICE IS NECESSARY
Sealing & Redaction Procedures
Filing parties must omit or partially redact the listed personal, financial, juvenile, proprietary, and trade-secret information; the filer is responsible for redaction, subject to the assigned judge's order.
Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers except for the last four digits; • Financial account numbers, including but not limited to debit card, charge card, and credit card numbers; • Employer and Employee identification numbers; • A juvenile's name in an abuse, neglect, or dependency case, except for the juvenile's initials or a generic abbreviation such as "CV : for "child victim"; • Proprietary or trade secret information. The responsibility for redacting personal data identifiers (i.e., social security numbers and bank/credit card numbers) rests solely with the f iling party. The Court will not review the documents for compliance with this rule or redact documents, whether filed electronically or on paper.
Page 27 | 13.
Pre-Motion Conference Requirements
Opposing memoranda are due within seven days after service or by the day before the motion hearing or trial, whichever is earlier, unless the assigned judge sets another time; late motions may be stricken.
Opposing memoranda shall be filed not later than seven days from the service of the motion or on the day prior to the trial or hearing on the motion, whichever is earlier or at such other time as set by the assigned judge. Motions filed late may be stricken from the record.
Page 9 | 10.00 MOTIONS
Opposing counsel must respond in the same manner within 14 days.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (D)(2)
A motion is deemed submitted when the opposing memorandum is filed or the filing period expires, whichever occurs first.
Motions shall be deemed submitted when the opposing memoranda are filed or the time for filing expires, whichever is earlier.
Page 9 | 10.00 MOTIONS
The court decides whether to assign a motion for oral hearing, and counsel's failure to appear may be treated as abandonment of the motion.
Assignment of any motion for oral hearing shall be at the discretion of the court. Failure of counsel to appear for oral hearing may be deemed an abandonment of the motion.
Page 9 | 10.00 MOTIONS
An oral hearing on a motion is available only if 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 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES, (D)(2)
Adjournment & Extension Requirements
A continuance request must be made by written motion unless made on the record in open court, and must state the date from which the continuance is requested and the reasons; the judge retains discretion to grant or deny 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 continuance. This rule does not restrict the judge's exercise of discretion in granting or denying continuance.
Page 9 | 9.00 REQUEST FOR CONTINUANCE
An application to continue a pretrial conference must be addressed to the judge assigned to the case.
Any application f or continuance of the conference shall be addressed to the Judge to whom the case has been assigned.
Page 13
A party seeking a trial or hearing continuance must submit a written motion stating the reason.
4. Continuances: No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 13 | Continuances
Criminal cases assigned for trial take priority over civil cases assigned for trial.
Criminal cases assigned for trial have priority over civil cases assigned for trial.
Page 14 | Continuances
When counsel has a trial conflict on the same date, the case set first has priority and must be tried on its assigned date.
When a continuance is requested for the reason that 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, the case which was first set for trial shall have priority and shall be tried on the date assigned.
Page 14 | Continuances
A continuance granted at a defendant's request does not extend the time to file a jury demand.
The granti ng of a conti nuance at a defenda nt's request will not extend the time for fi ling a jury demand .
Page 29 | A DEMAND FOR JURY SERVICE IS NECESSARY
A witness’s failure to appear when the subpoena return was not filed as required is not grounds for a continuance.
The failure to appear as a witness for whom the return was not filed in accordance with this rule will not be grounds for a continuance of the case.
Page 7 | 6.00 SUBPOENAS FOR WITNESSES.
The trial court has discretion to grant or deny other requests to continue a scheduled trial.
The granting of any other request for continuance of a scheduled trial, is a matter within the discretion of the trial court.
Page 14 | Continuances
Chambers Communication Rules
Telephone pretrials are not allowed unless the presiding judge has given prior approval.
There shall be no telephone pretrials without prior approval from the presiding judge.
Page 17 | 13.00 PRETRIAL PROCEDURE
All attorneys shall notify the court no later than 3: 00 p.m., two days preceding their trial of any change in plea or jury costs will be attached to their case.
All attorneys shall notify the court no later than 3: 00 p.m., two days preceding their trial of any change in plea or jury costs will be attached to their case.
Page 20 | 17.00 CASE MANAGEMENT IN CRIMINAL CASES
After an electronic filing is accepted, only the Court may correct the docket; the filer should not re-file an erroneous document and should contact the Court as soon as possible with the case and document numbers.
Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Court. The System does not permit a filing party to make changes to the document(s ) or docket entry once the transaction has been accepted. If a document has been filed in error, the filing party should not attempt to re-file the document. As soon as possible, after the error has been discovered, the filing party should contact the Court with the case number and document number for which the correction is being requested. If appropriate, the Court will make an entry indicating that the document was filed in error and the filing party will be advised if the document needs to be refilled .
Page 27 | 15.