Napoleon Municipal Court, Ohio

Cognovit promissory notes will not be accepted for fax filing.

1. 02 The following documents will not be accepted for fax filing: . cognovit promissory notes._

Page 17 | APPLICABILITY

Pleadings and other papers may be filed with the Clerk by fax at (419) 592-1805, subject to the rule’s conditions.

Pleadings and other papers maybe filed with the Clerk of (g)urfby . . facsimile transmission to (419)592-1805 subject tothe following ~9noiilions:

Page 17 | FACSIMILE FILING RULE

A fax filing is the effective original, but the filer must retain the source document and source cover sheet for production on request and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.

2.01 A document filed by fax shall ·be accepted as the effective original . filing. The person making a fax filing need not file any.source document with the Clerk of Court but must, however, maintain in his . or her records and have available for production on request by .the court the source document filed by fax, with original .signatures as ·. . otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet under for the subject filing. :. 2.02 The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

Page 17 | ORIGINAL FILING

The court authorizes the use and filing of tickets produced by computer or other electronic means.

IT IS HEREBY ORDERED, the use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Napoleon Municipal Court.

Page 24 | JOURNAL ENTRY

If a faxed document lacks the required cover-page information, the Clerk may docket and file it or place it in the failed-fax file with a notation of the reason; the excerpt ends mid-sentence.

4.02 If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at its discretion: 1. Enter the document in the case docket and file the document 2. Deposit the document in a file of failed faxed documents with a notation of the reason for the failure ; in this instance, the

Page 18 | COVER PAGE

When computing time under a court rule, exclude the first day and include the last, except that a final day when the Court is closed is excluded and the next day the Court is open is counted.

The time within which an act is required to be done under any rule of this Court shall be computed by excluding the first day and including the last; but when the last day falls on Sunday, a legal holiday or other day on which t he Court shall be closed. such a day shall be excluded and the next day which is not Sunday. a legal holiday or other day on which Court is closed shall be counted.

Page 1 | PART I. GENERAL — Rule 3. COMPUTATION OF TIME

After a complaint is filed and the required costs security is deposited, the clerk must issue the summons or other required notice forthwith, and the action is then deemed commenced.

Upon the filing of a Complaint and deposit with the clerk of proper security for costs as hereinafter provided (see Rule 20), the clerk shall forthwith issue the summons or other notice required and thereupon the action shall be deemed to be commenced.

Page 7 | Rule 19. ISSUANCE OF SUMMONS

The jury demand, accompanied by the required deposit or an authorized affidavit in lieu, must be made at least 14 days before the hearing.

Such demand, accompanied by the proper deposit, affidavit in lieu thereof, as herein provided, shall be made at least fourteen (14) days before the date of the hearing of said case.

Page 8 | Rule 20. DEPOSIT FOR COSTS

The answer date is 28 days after service in forcible entry and detainer actions, excluding the service date, and 10 days in forcible entry-only actions.

Answer in forcible entry and detainer shall be twenty-eight (28) days from date of service, excluding date of service, and ten (10) days in forcible entry only.

Page 9 | Rule 21. SERVICE OF SUMMONS AND ANSWER DATE

In an action for money only, the answer is due 28 days after service, excluding the date of service.

Answer date in action for money only shall be twenty-eight (28) days after service, excluding date of service.

Page 9 | Rule 21. SERVICE OF SUMMONS AND ANSWER DATE

A party must make a written jury demand at least 14 days before trial; the Court may also order a jury trial on its own motion.

All civil cases shall be tried to the Court, unles s either party shall in writing not less than fourteen (14) days prior to the trial day demand a trial by jury, or unless the Court in the interest of justi ce on its own motion orders a trial by jury .

Page 11 | Rule 28. TRIAL BY JURY

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the faxed document is filed; failure may result in the document or exhibit being stricken.

Unless the court otherwise orders, the missmg exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

Page 19 | EXHIBITS

Accepted fax filings are deemed filed at the date and time received by the Clerk, whose office accepts fax transmissions 24 hours a day, seven days a week, including holidays.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Court as of the date and time the fax transmission was received by the Clerk of Court. The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the basis of 24 hours per day seven days per week including holidays. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the documents will determine the time of filing, Provided the document is deemed accepted by the Clerk.

Page 20 | TIME OF FILING

For computing time, the 90 days following judgment are considered within term; time thereafter is considered after term.

There shall be no term of court. but in accordance with Section 1901.29. Ohio Revised Code. for the purpose of computing time. ninety (90) days following judgment shall be considered within term and time thereafter shall be considered after term.

Page 1 | PART I. GENERAL — Rule 2. NO TERM OF COURT

The clerk must docket each complaint as soon after filing as possible.

Each Complaint will be docketed by the Clerk as required by law as soon after such filing as possible.

Page 7 | Rule 19. ISSUANCE OF SUMMONS

In a replevin action, the answer date will be set approximately 10 days after service.

In a replevin action, answer date will be set approximately ten (10) days from date of service.

Page 9 | Rule 21. SERVICE OF SUMMONS AND ANSWER DATE

Motions other than motions for new trial may be assigned for hearing and decided after three days from filing.

All motions except motions for new trial, may be assigned for hearing and passed on at any time after three (3) days from the date of filing same.

Page 10 | Rule 25. PROCEDURE ON PLEADINGS AND MOTIONS

A case on the docket for six months without a request for default judgment or trial may be dismissed without notice at the Court’s discretion.

Any case on the docket for six (6) months without request for default judgment or trial may, at the discretion of the Court, be dismissed without notice.

Page 11

Summons must be dated on the day of issuance and sent by certified mail unless the instruction sheet accompanying the Complaint requests otherwise.

All summons shall be dated the day it is issued and issued by certified mail unless otherwise requested on instruction sheet accompanying the Complaint.

Page 9 | Rule 21. SERVICE OF SUMMONS AND ANSWER DATE

An exhibit cover sheet filed with a separately filed exhibit must be served in conformance with the rule governing service of pleadings in the court.

Any exhibit filed in this manner shall be attached to a cover sheet containing the captions of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Notice of Filing exhibit " G" to Plaintiff's Smith' s Response to Defendant' s Motion to Dismiss), and shall be signed and served in conformance with the rule governing the signing and service of pleadings in this court.

Page 19 | EXHIBITS

The filer must not transmit service copies by fax.

the filer shall not transmit service copies by facsimile.

Page 20 | LENGTH OF DOCUMENT

When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket, in compliance with Traffic Rule 3(F)(l) and (2).

Page 24 | JOURNAL ENTRY

Service by publication may be used upon good cause shown by affidavit where the Municipal Court has jurisdiction, following the specified County Court Code or Court of Common Pleas procedures depending on the case.

Service by publication may be made upon good cause shown by affidavit in those cases in which service -by_publication may be made in Courts of .Common Pleas or County Courts, in which the Municipal Court has jurisdiction; provided that in cases where the amount claimed does not exceed $500.00 exclusive of interest and costs, and in all cases in which attachment of personal property is made regardless of amount, such service by publication shall be made in the same manner and form as prescribed by the County Court Code; and in other cases ser- vice by publication shall be made in the same manner and form as prescribed for in the Court of Common Pleas.

Page 9 | Rule 23. SERVICE BY PUBLICATION

If a summons is returned not served or unclaimed, an alias writ may be issued at a party’s or attorney’s request until all necessary parties have been summoned.

When a summons is returned Not Served" or Unclaimed alias writs may be issued on the request of a party or his attorney until all necessary parties have been summoned.

Page 9 | Rule 22. ALIAS WRITS

Summonses, subpoenas, and notices issued by the Court may be served by registered or first-class mail as authorized by the cited statute.

2703.23, Revised Code, service of summons , subpoenas and notices issued by this Court may be made by mail, registered or first class, as by said section authorized and provided; service and return of such writs and process, when made in accordance with the provisions of said section, shall be as effective and of the same force and effect in this Court as if made as otherwise provided by these rules and the statutes;

Page 13

Prospective jurors may be summoned by mail or by personal service of notice by the bailiff.

The prospective jurors may be summoned to appea r in any case either by mai l or by personal service of notice by the bailiff.

Page 12 | Rule 29. SELECTION OF JURY

Required security for costs must be deposited with the clerk before a complaint may be filed or notice issued.

Security for costs shall be deposited with the clerk before any Complaint may be filed or notice issued, as follows:

Page 7 | Rule 20. DEPOSIT FOR COSTS

If previously deposited costs have been consumed, a $30 deposit is required when an execution or notice of proceedings in aid of judgment is issued.

At the time of issuance of each execution upon judgment, or of notice 30.00 upon proceedings in aid thereof, a deposit of~OOD shall be required if costs, if any, theretofore deposited have been consumed.

Page 8 | Rule 20. DEPOSIT FOR COSTS

If peculiar circumstances indicate extraordinary costs, the clerk must estimate those costs and require a commensurate additional deposit.

If at any time the clerk is of the opinion, because of peculiar circumstances indicating extraordinary costs in any case, that a de posit for costs in excess of the amounts hereinbefore indicated should be made, he shall esti-mate such probab 1e extraordinary costs and require an additi ona 1 deposit co.m,me_n:: surate therewith.

Page 8 | Rule 20. DEPOSIT FOR COSTS

A party demanding a jury trial in a civil case must deposit $50 for a jury of eight or $100 for a jury of twelve, but may file an affidavit of inability instead with leave of court.

In all civil cases when a jury trial is demanded, the party making such demand shall deposit as security for costs with the clerk the sum of $50 . 00 for a jury of eight and $100.00 for a jury of twelve persons, provided, how- ever, that the party making such demand may, by leave of court, file in lieu of such deposit of $50.00 or $100.00, an affidavit of inability to make such advance deposit.

Page 8 | Rule 20. DEPOSIT FOR COSTS

When seized property must be moved, stored, or placed with a custodian, the clerk must require an additional deposit sufficient to cover probable costs and expenses.

In all cases in which it shall be necessary to move, to store or to provide a custodian for any goods or property seized under any writ or order issued by the Court, the clerk shall require a further deposit in such amount as he deems necessary to cover all probable costs and expenses .

Page 8 | Rule 20. DEPOSIT FOR COSTS

A party seeking enforcement of a writ of restitution must advance the amount required to remove goods or property from the premises.

Any party demanding enforcement of a writ of restitution shall advance the sum required to pay for removal of goods of property from premises .

Page 8 | Rule 20. DEPOSIT FOR COSTS

A fax-filed document that requires a filing fee will not be accepted until the court costs and fees have been paid.

No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until the court cost and fees have been paid.

Page 20 | FEES AND COSTS

The jury deposit is $500 and is due 30 days before trial.

JURY DEPOSIT $500.00 (due 30 days prior to trial)

Page 22 | PREJUDGMENT FEE SCHEDULE

A BMV petition costs $75.

BMV PETITION $75.00

Page 22 | PREJUDGMENT FEE SCHEDULE

Money and cognovit civil complaints cost $80, plus $10 for each additional defendant on the same complaint.

CIVIL COMPLAINTS: $80.00 (defendant $10.00 each (money & cognovit claims) additional defendant on same complaint.

Page 22 | PREJUDGMENT FEE SCHEDULE

Reissuing certified mail to a new address costs $10.

REISSUE CERTIFIED MAIL TO NEW ADDRESS $10.00

Page 22 | PREJUDGMENT FEE SCHEDULE

A forcible entry and detention filing costs $95.

FORCIBLE ENTRY & DETENTION $95.00

Page 22 | PREJUDGMENT FEE SCHEDULE

The subpoenaed-witness fee is $6, plus 10 cents per round-trip mile if the witness resides outside Napoleon city limits.

SUBPOENAED WITNESSES $6.00 (plus $.10/mile roundtrip if witness resides outside city limits of Napoleon, Ohio.

Page 22 | PREJUDGMENT FEE SCHEDULE

A replevin filing costs $200, plus $10 for each additional defendant.

REPLEVIN $200.00 ($10.00 for each additional defendant)

Page 22 | PREJUDGMENT FEE SCHEDULE

A trusteeship filing costs $75.

TRUSTEESHIP $75.00

Page 22 | PREJUDGMENT FEE SCHEDULE

Each modification of a driving schedule costs $5.

each modification of driving schedule $5.00/change.

Page 22 | PREJUDGMENT FEE SCHEDULE

A small-claims complaint costs $40, plus $10 for each additional defendant on the same complaint.

SMALL CLAIMS COMPLAINT $40.00 ( $10.00 each additional on the same complaint)

Page 22 | PREJUDGMENT FEE SCHEDULE

A third-party complaint costs $80, plus $10 for each additional defendant.

THIRD PARTY COMPLAINT $80.00 ($10.00 for each additional defendant)

Page 22 | PREJUDGMENT FEE SCHEDULE

An amended civil or small-claim complaint costs $25.

AMENDED COMPLAINTS $25.00 (civil or small claim)

Page 22 | PREJUDGMENT FEE SCHEDULE

A small-claims questionnaire costs $15.

SMALL CLAIMS QUESTIONAIRE $15.00

Page 22 | PREJUDGMENT FEE SCHEDULE

An answer with counterclaims or cross claims costs $80.

ANSWERS WITH COUNTER CLAIMS OR CROSS CLAIMS $80.00

Page 22 | PREJUDGMENT FEE SCHEDULE

A motion identified as “MOTION TO REVNE” costs $25.

MOTION TO REVNE $25.00

Page 23 | POST JUDGMENT FEE SCHEDULE

Issuing a bench warrant costs $25.

ISSUE BENCH WARRANT $25.00

Page 23 | POST JUDGMENT FEE SCHEDULE

The fee schedule lists a $25 fee for the writ identified as “WRIT OF RESTfTIJTION.”

WRIT OF RESTfTIJTION $25.00

Page 23 | POST JUDGMENT FEE SCHEDULE

A debtor’s examination costs $35 per debtor.

DEBTOR'S EXAM $35.00 (per debtor)

Page 23 | POST JUDGMENT FEE SCHEDULE

Filings requiring personal or residential service or posting by a law agency or bailiff are billed for the actual service fee charged.

ANY FILINGS REQUIRING PERSONAL, RESIDENTIAL SERVICE OR POSTING OF SERVICE BY A LAW AGENCY OR BAILIFF WILL BE BILLED FOR THE ACTUALSERVICEFEECHARGEDB:~1;)'0R~0·.

Page 23 | POST JUDGMENT FEE SCHEDULE

A writ of execution costs $50.

WRIT OF EXECUTION $50.00

Page 23 | POST JUDGMENT FEE SCHEDULE

A non-wage garnishment costs $75, with $1 payable to the garnishee.

GARNISHMENT $75.00 ($1.00 payable to garnishee) (non wage)

Page 23 | POST JUDGMENT FEE SCHEDULE

A wage garnishment costs $75.

GARNISHMENT $75.00 (wages)

Page 23 | POST JUDGMENT FEE SCHEDULE

A motion to show cause costs $25.

MOTION TO SHOW CAUSE $25.00

Page 23 | POST JUDGMENT FEE SCHEDULE

A motion to set aside judgment costs $25.

MOTION TO SET ASIDE JUDGMENT $25.00

Page 23 | POST JUDGMENT FEE SCHEDULE

A $1 payment is payable to the garnishee for a non-wage garnishment.

($1.00 payable to garnishee)

Page 23 | POST JUDGMENT FEE SCHEDULE

Filing a certificate of judgment costs $10.

FILING CERTIFICATE OF JUDGMENT $10.00

Page 23 | POST JUDGMENT FEE SCHEDULE

Issuing a certificate of judgment costs $10.

ISSUE A CERTIFICATE OF JUDGMENT $10.00

Page 23 | POST JUDGMENT FEE SCHEDULE

A writ of attachment costs $50.

WRIT OF ATTACHMENT $50.00

Page 23 | POST JUDGMENT FEE SCHEDULE

The expense of making the record is taxed as additional costs, and the clerk may charge the fees prescribed for similar Court of Common Pleas services.

The expense of making such record shall be taxed as additional costs and the clerk is authorized to charge such fees as are prescribed for the Court of Common Pleas, for similar services.

Page 2 | PART I. GENERAL — Rule 6. DOCKETS, BOOKS AND RECORDS

The expense of the record is taxed as additional costs, and the clerk may charge fees prescribed for similar services in the Court of Common Pleas.

The expense of such record shall be taxed as additional costs arid the clerk is authorized to charge such fees as are prescribed in the Court of Common Pleas for similar services.

Page 3

For services formerly performed by Mayors or County Courts that have no equivalent in the Court of Common Pleas, the applicable statutory fee schedule must be followed.

except as to those services, if any, heretofore, performed by Mayors and County Courts for which no similar service exists in the Court of Common Pleas, in each of which instances t he pertinent schedule of fees provided by law shall be fo 11 owed.

Page 5 | PART I. GENERAL

The listed small-claims deposit is $30 plus an additional amount for each additional defendant.

(9) Small Claims )(9(~xx~x~~ $30 + ~5/ for add l def.

Page 8 | Rule 20. DEPOSIT FOR COSTS

The listed security deposit for a case served by publication is $30.00.

(6) Case in which service is by publication ~'Kio 30.00

Page 8 | Rule 20. DEPOSIT FOR COSTS

The listed charge for filing a certificate of judgment only is $1.00.

(8) Filing certificate of judgment only 1.00 for garnishee

Page 8 | Rule 20. DEPOSIT FOR COSTS

No additional fee is charged for filing by fax.

No additional fee shall be assessed for facsimile filings.

Page 20 | FEES AND COSTS

The Court may extend pleading-filing time for good cause and on just terms for a reasonable period it orders, but no single extension may exceed 10 days, even by agreement, and each extension must be made by Court entry.

(1) In all cases for good cause shown and upon such terms as are just, the time for filing pleadings may · be extended for such reasonable time as the Court may order. In no case, whether by agreement of counsel or otherwise, shall any period of one extension exceed ten (10) days. Every extension shall be made by Court entry.

Page 10 | Rule 24. EXTENDING RULE DAY

Continuances are granted only when counsel shows necessity to the Court’s satisfaction.

All cases shall be heard on the day of assignment, continuances being granted only when counsel can show the necessity thereof to the satisfaction of the Court.

Page 11

A continuance requested by the accused or counsel will be granted if it appears reasonable to the Court.

Such conti nuances will be granted at the request of the accused or his counsel as appear reasonabl e to the Court.

Page 15 | Rule 32. CONCERNING CRIMINAL CASES

The sender bears the risks of fax filing and is urged to verify receipt with the Clerk using available technology.

The risks of transmitting a document by fax to the Clerk of Court shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing with the Clerk of Court through whatever technological means are available.

Page 20 | TIME OF FILING

The clerk’s office is open for business from 7:30 a.m. to 4:00 p.m. Monday through Friday, subject to temporary modification for emergencies or particular cases.

The office of the clerk shall be open for the transaction of bus iness from 7:30am to 4:00pm da i ly Monday through Friday. All of the foregoing is subject to temporary modification by the Court to meet emergencies or the requirements of particular cases.

Page 1 | PART I. GENERAL — Rule 1. SESSIONS

The Clerk need not notify the sender of a failed fax filing, but may do so if practicable.

The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.

Page 19 | 4.03

The Clerk may acknowledge receipt of a fax transmission but is not required to do so.

The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.

Page 20 | TIME OF FILING