Muskingum County Court, Ohio
Court-Level Rules, Filing Procedures & Policies
Adjournments
- An application to continue a pretrial conference must be addressed to the Judge.
- A continuance of a trial or hearing requires a written motion from the party or counsel stating the reason.
- Granting another request to continue a scheduled trial is within the trial Court’s discretion.
- +3 more
Request must include
Document Format Requirements1 rule
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket. 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.
Document Filing Requirements16 rules
Original papers or depositions shall not be removed from the Clerk’s office. Copies of all pleadings and other papers shall be filed with the Clerk and the number of copies shall be determined by the number of complainants or defendants, as the case may be.
Thereafter, on filing any papers therein or calling the attention of the Court to any case, its number must be given.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
All Small Claims Complaints filed in this Court shall be numbered consecutively and shall carry a suffix of “CVI”. Claims filed shall be entered as numbered and indexed in the Civil Docket Index. Thereafter, on filing any papers therein or calling the attention of the Court to any case, its number must be given.
When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Upon perfection of service, counsel shall file the proper entry, i.e. default entry, agreed entry, etc.
Motions must be in writing and accompanied by a written memorandum containing citations or counsel’s arguments.
Court's wording
After an answer is filed the case is set for pretrial conference during the next term of court. Any motions to be filed must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.
Stipulations must be written and signed, or made in open court with a memorandum or court-reporter record; otherwise, the Court will not recognize them if disputed.
Court's wording
Stipulations of agreements of counsel or parties to a suit must be reduced to writing and signed by the parties or their respective counsel, or made in open court and a memorandum made thereof or dictated to the court reporter, otherwise, such stipulations or agreements shall not be recognized by the Court if disputed by any of the parties.
A discovery objection must be accompanied by a memorandum or brief.
Court's wording
Objections to any discovery motion, application, interrogatories or request under Rules 26 through 37 of the Ohio Rules of Civil Procedure shall be filed within twenty (20) days after service of the formal motion, application, interrogatories or request, and shall be accompanied by a memorandum or brief.
If a judgment debtor fails to appear after service of notice, the creditor’s attorney may request a bench warrant, and that request must be in writing to the Court.
Court's wording
If a judgment debtor fails to appear at the scheduled examination, and it appears the debtor was served with notice, the attorney for the creditor may request of the Court that a bench warrant be issued for the arrest of the debtor. The request for a bench warrant shall be made in writing to the Court.
A demand for a civil jury trial shall be made as required by Civil rule 38.
After a judgment ordering a defendant to vacate, a request to the Clerk for removal action must be filed before the sheriff may act.
Court's wording
Once a judgment has been rendered ordering a defendant to vacate a house or other building, the Sheriff shall not take action to remove the defendant until a request is filed with the Clerk, requesting that said action be taken
An indigent defendant in a felony or certain misdemeanor case may request appointed counsel and must file an affidavit stating their financial standing in support.
- Document
- Indigency affidavit
Must include
- •Setting forth his financial standing
Court's wording
In felony cases and certain misdemeanor cases, if a defendant claims he is indigent, he may request of the Court that an attorney be appointed to represent him. In support of this request, the defendant shall file with the Court an Affidavit setting forth his financial standing.
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.
When timely objections are not filed, a discovery motion, application, or request may be granted as a matter of course upon informal presentation of an appropriate proposed and endorsed order.
Court's wording
F. ENTRIES IN ABSENCE OF OBJECTIONS TO DISCOVERY MOTION, ETC.: Motions, applications and requests, to which objections are not seasonably filed, may be granted as a matter of course (as will orders directing answers to interrogatories) upon the informal presentation of an appropriate proposed and endorsed order by counsel for the party initiating discovery.
Filing & Service rules
Electronic Filing Rules
Computer- or electronically produced tickets and citations may be used and filed in the Muskingum County Court.
The use and filing of a ticket/citation that is produced by computer or other electronic means is hereby authorized in the Muskingum County Court.
Page 3 | 9. CASE MANAGEMENT: A. CRIMINAL CASES
Filing Timing and Cure Windows
Failure to submit the entry within 15 days may result in dismissal.
Failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 3 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
After notice that a settlement entry is overdue, the entry must be received within 10 days to avoid dismissal.
When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 3 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
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.
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 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
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 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
In civil jury cases, trial briefs are due 15 days before trial unless the Court extends the time for good cause; a plaintiff’s counsel’s failure to file may result in dismissal.
In all civil Jury cases, trial briefs must be submitted fifteen (15) days in advance of the day of trial unless the Court for good cause extends the time for submitting the same. Failure to file trial brief by counsel for plaintiff may result in dismissal by the Court.
Page 6 | RULE 5: SUBMISSION OF BRIEFS
Requests for criminal witness subpoenas must be made in writing to the Clerk at least three working days before trial.
All requests for the issuance of subpoenas for witnesses in a criminal case must be made in writing to the Clerk no later than three (3) working days before trial.
Page 8 | 5. PRAECIPE FOR WITNESS
A party may demand a record of a proceeding by filing a written demand at least one working day before trial.
Any party may demand a record of any proceeding provided they have filed in writing, not less than on (1) working day prior to trial a demand therefore.
Page 9 | 7. RECORD DEMAND
After a written jury demand, any waiver must be in writing at least five working days before trial.
Once a written demand for a jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least five (5) working days prior to the trial date.
Page 9
For computing time, the 90 days following judgment are considered within the term of Court; time after that is considered after term.
There shall be no term of Court unless provided by the Ohio Revised Code, but for the purpose of the computing time, ninety (90) days following judgment shall be considered within the term and time thereafter shall be considered after term.
Page 1 | 3. TERM OF COURT
Time for acts required under these rules must be computed in accordance with Ohio Civil Rule 6 and Ohio Criminal Rule 45.
The time within which an act is required to be done under these rules shall be computed in accordance with Ohio Civil Rule 6 and Ohio Criminal Rule 45.
Page 1 | 5. COMPUTING TIME
First- and second-degree misdemeanor cases must be set for pretrial by the Trial Judge within 30 days after arraignment.
After arraignment, all first and second degree misdemeanors shall be set for pretrial by the Trial Judge within thirty (30) days.
Page 2 | 9. CASE MANAGEMENT: A. CRIMINAL CASES
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 within one week 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 within one (1) week unless good cause is shown.
Page 3 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
Settlement entries may be filed at any time.
Entries of settlement may be filed at any time.
Page 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
Service and Proof of Service Rules
If service fails, the Clerk must immediately notify counsel; if counsel does not obtain service within six months after filing, the Clerk must notify counsel that dismissal will follow in ten days 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 3 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
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 3 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
The journal entry must be submitted to opposing counsel within five days.
That entry shall be submitted to opposing counsel within five (5) days.
Page 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
The assignment commissioner must mail notice of a pretrial conference to counsel of record at least 14 days before the conference.
Notice of pretrial conference shall be given to all counsel of record by mail from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
A garnishment order must be served on the garnishee by a sheriff, who must have the statutory fee to give the garnishee when serving the order.
All orders of garnishment shall be served on the garnishee by a Sheriff, and the Sheriff shall have in his possession the statutory fee to be given the garnishee at the time of the order of garnishment is served.
Page 7 | 13. GARNISHMENT PROCEEDINGS
Filing Fees and Waivers
In a case requiring legal advertising, counsel must arrange for and pay publication costs directly to the publisher.
C. In cases filed wherein legal advertising is used, counsel shall cause publication costs to be arranged for and paid directly to the publisher.
Page 6 | RULE 4: SECURITY FOR COSTS
Documents that do not comply with the costs-deposit rule will not be accepted for filing and may be struck; only a Court order may excuse a required deposit.
D. Conforming to this Rule, the Clerk shall not accept for filing, and the Court may sua sponte strike from the file, any complaint, cross complaint, petition, motion, application or other document not in compliance herewith. The necessity for the costs deposits herein required shall not be abrogated by anyone except upon Court order.
Page 6 | RULE 4: SECURITY FOR COSTS
When a civil action is filed, an advance deposit for fees and costs must be paid to the Clerk of Courts according to the Court’s applicable fee schedule.
A. Upon the filing of a civil action, an advance deposit for fees and costs shall be paid to the Clerk of Courts in accordance with a schedule of such fees as may be fixed from time to time by the Court under the provisions of Section 1901.26 of the Ohio Revised Code.
Page 6 | RULE 4: SECURITY FOR COSTS
The deposit for a civil appeal to the Fifth District Court of Appeals for Muskingum County is $100.
The deposit for a civil appeal to Fifth District Court of Appeals for Muskingum County, Ohio, shall be One Hundred ($100.00) Dollars.
Page 6 | RULE 4: SECURITY FOR COSTS
Additional expenses for the move are taxed as costs in the case.
There additional expenses shall be taxed as costs in the case.
Page 7 | 14. FORCIBLE ENTRY AND DETAINER
If a civil case is settled or dismissed before trial and jurors cannot all be notified, the requesting party bears the fees of jurors who report for trial.
In the event a civil case is settled or dismissed prior to trial and it is not possible to notify all jurors of said cancellations, the requesting party shall bear the costs of juror’s fees of those jurors who report for the day of trial.
Page 7 | 11. JURY TRIALS AND DEMANDS
Sufficient costs to cover the move must be deposited before the sheriff may remove the defendant.
the Sheriff shall not proceed with said action until sufficient costs are deposited to cover the expense of accomplishing the move.
Page 7 | 14. FORCIBLE ENTRY AND DETAINER
At service of a garnishment order, the sheriff must have the statutory fee to give the garnishee.
All orders of garnishment shall be served on the garnishee by a Sheriff, and the Sheriff shall have in his possession the statutory fee to be given the garnishee at the time of the order of garnishment is served.
Page 7 | 13. GARNISHMENT PROCEEDINGS
The basic cost assessed in criminal cases shall be sixty ($75.00) dollars.
The basic cost assessed in criminal cases shall be sixty ($75.00) dollars.
Page 8 | 1. COURT COSTS AND SECURITY DEPOSIT FOR COSTS
If the jury-waiver requirement is not followed, the defendant must pay all fees and expenses incurred by the jury demand.
Once a written demand for a jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least five (5) working days prior to the trial date. Failure to abide by this rule shall result in the defendant paying all jury fees and expenses incurred by such jury demand.
Page 9
If previously ordered security is insufficient, the Judges may require it to be increased at any time.
B. If it is brought to the attention of the Judges that any security as previously ordered is insufficient, they may require the said security to be increased at any time.
Page 6 | RULE 4: SECURITY FOR COSTS
Pre-Motion Conference Requirements
All motions in criminal cases must be set for an oral hearing.
All motions shall be set for oral hearing.
Page 3 | 9. CASE MANAGEMENT: A. CRIMINAL CASES
Opposing counsel must respond in the same manner within 14 days; motions are then submitted unless the Court extends the time, and an oral hearing requires a written request by the parties and a determination by the Court that it is necessary.
Opposing counsel shall answer in the like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary.
Page 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
Counsel are encouraged to confer about discovery, and the party seeking discovery must initiate personal consultation with opposing counsel before filing a discovery request, motion, or application under Ohio Civil Rules 26–37.
A. CONSULTATIONS AMONG COUNSEL: Counsel are encouraged to participate in pretrial discovery conferences to reduce, in every possible way, the filing of unnecessary discovery procedures. No interrogatories, request, motion or application will be filed under Rules 26 through 37 of The Ohio Rules of Civil Procedure until counsel shall have explored the objectives with opposing counsel in an effort to informally handle the matter or matters and/or reduce the area of controversy. It shall be the responsibility of the party seeking discovery to initiate such personal consultation.
Page 5 | RULE 3: OBJECTIONS AND MOTIONS RELATED TO DISCOVERY PROCEDURES
Discovery objections are due within 20 days after service and may be answered within 10 days after service of the objections; the matter is automatically submitted when the answer is filed or the 10-day period ends.
D. OBJECTIONS TO DISCOVERY MOTION, ETC.: Objections to any discovery motion, application, interrogatories or request under Rules 26 through 37 of the Ohio Rules of Civil Procedure shall be filed within twenty (20) days after service of the formal motion, application, interrogatories or request, and shall be accompanied by a memorandum or brief. E. ANSWER, MEMORANDUM OR BRIEF: The party initiating discovery to which objections are filed, may file an answer memorandum or brief within ten (10) days after service of the objections. Upon the filing of such answer, memorandum or brief, or at the end of the ten (10) day period, the matter will be automatically submitted.
Page 5 | RULE 3: OBJECTIONS AND MOTIONS RELATED TO DISCOVERY PROCEDURES
If personal consultation does not resolve the discovery matter, the party seeking discovery may proceed with a formal filing under Ohio Civil Rules 26–37.
C. DISCOVERY MOTION, APPLICATION, INTERROGATORIES, ETC. : To the extent such personal consultation does not dispose of the matter, the party seeking the discovery may then proceed with the filing of a formal motion, application, interrogatories or request under any of Rules 26 through 37 of the Ohio Rules of Civil Procedure.
Page 5 | RULE 3: OBJECTIONS AND MOTIONS RELATED TO DISCOVERY PROCEDURES
Adjournment & Extension Requirements
A continuance of a trial or hearing requires a written motion from the party or counsel stating the reason.
No party shall be granted a continuance of a trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
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 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
A request to extend a prescribed period must be in writing and state its grounds.
G. EXTENSIONS: Requests for the extensions of the prescribed periods must be in writing and state the grounds therefore.
Page 6 | RULE 3: OBJECTIONS AND MOTIONS RELATED TO DISCOVERY PROCEDURES
If the subpoena-request rule is not followed, a witness’s failure to appear is not grounds for a continuance.
If this rule is not complied with, failure of a witness to appear shall not be grounds for a continuance.
Page 8 | 5. PRAECIPE FOR WITNESS
Granting another request to continue a scheduled trial is within the trial Court’s discretion.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial Court.
Page 4 | 9. CASE MANAGEMENT: B. CASE MANAGEMENT IN CIVIL CASES
An assigned civil trial will not be removed because an expert cannot attend; during trial, reasonable efforts will be made to accommodate the expert, but no unreasonable delay will be granted for that reason.
No civil action that has been assigned a trial date will be removed from the assignment because of the inability of a medical or other expert witness to be present to testify. After a trial has commenced, reasonable effort will be made to accommodate the medical or their expert witness as to his appearance, but no unreasonable delay during trial will be granted for this reason.
Page 6 | RULE 6: TESTIMONY OF EXPERTS
Chambers Communication Rules
Attorneys must notify the Court by 2:00 P.M. on the day before trial of any plea changes; the text also states that jury costs will be attached to the case.
All attorneys shall notify the Court by 2:00 P.M. of the day preceding their trial of any changes in plea or jury costs WILL BE ATTACHED to their case.
Page 3 | 9. CASE MANAGEMENT: A. CRIMINAL CASES
A complaining witness must provide the Court with a proper mailing address and inform the Court of any address change.
It is the responsibility of the complaining witness to provide the Court with a proper mailing address and keep the Court informed of any change of address so that notice of trial may be mailed to him.
Page 8 | 1. COURT COSTS AND SECURITY DEPOSIT FOR COSTS
The Clerk’s office is open for business from 8:00 A.M. to 4:00 P.M. Monday through Friday, except legal holidays, but the Court may designate other closing times.
The office of the Clerk shall be open for the transaction of business from 8:00 o’clock A.M. to 4:00 o’clock P.M. during Monday through Friday of each week, legal holidays excepted. The Clerk’s office may be closed at such other times as the Court may designate.
Page 1 | 2. TIMES OF HOLDING COURT
After 4:30 P.M., the Clerk’s office facilities must remain available for papers needed during trial, and the Clerk or a Deputy Clerk must remain there until a trial continuing past 4:30 P.M. concludes for the day.
To facilitate the issuance of such papers as might be discovered necessary during a trial, after the conclusion of the Court day at 4:30 P.M., the Clerk is instructed to keep the Clerk’s office facilities available, and should a trial be continuing after 4:30 P.M., the Clerk shall have herself or at least one Deputy Clerk remain in the Clerk’s office until the conclusion of the trial for that day.
Page 1 | 2. TIMES OF HOLDING COURT
Mediation may be arranged through the Clerk’s office before filing, after filing, or after adjudication.
There shall be made available to the citizenry an alternative to the system in the form of mediation. Mediation can be arranged through the Clerk’s office and is available either at pre-filing, post-filing or post adjudication stages.
Page 2 | 8. SMALL CLAIMS DIVISION