New Philadelphia Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance requires a written motion and good cause, ordinarily filed at least seven days before trial or hearing; the deadline may be waived for an unforeseen emergency, the moving party must state whether the other side has no objection, and consent does not ensure a continuance. A conflicting trial notice must be attached when that is the asserted reason.
- A continuance requires a written motion showing good cause, filed at least seven calendar days before trial or hearing; an attorney’s motion must include a proposed entry, but the deadline may be waived for an unforeseen emergency.
Communication
Phone
Phone
Phone
Page & Word Limits3 rules
The motion shall not exceed fifteen (15) pages including any supporting documents/exhibits. The Court may allow additional pages by Judgment Entry upon the filing of a motion and for good cause shown.
- Motion
- Up to 15 pages
4. Facsimile filings shall not exceed fifteen (15) pages in length, excluding the cover sheet.
- Facsimile filing
- Up to 15 pages
party fails to provide a brief or memorandum or exceeds the 15-page limit without leave of Court, the Court may overrule the motion without consideration. Excess pages will be destroyed.
- Brief or memorandum
- Up to 15 pages
Exception
More pages with leave of court
Document Format Requirements12 rules
Requests for permission to broadcast, record, photograph, or televise in the courtroom must be made in writing using the Court’s motion form.
Court's wording
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be made in writing to the Judge or Magistrate to whom the case is assigned as far in advance as reasonably practical by a motion form available at the Court, but no later than one-half (1/2) hour prior to the courtroom session unless otherwise permitted by the trial Judge.
All pleadings, motions and other Court filings shall be legibly typewritten or printed and be double spaced on a single sided 8 ½” x 11” paper and shall have a 2” top margin on the first page and a 1” top margin on subsequent pages.
- Paper size
- Letter
The text of all documents shall be at least 12-point, double-spaced, non-condensed type. Footnotes and quotations may be single spaced; however, they shall also be in 12-point, non-condensed type. As used in this rule, “non-condensed type” shall refer to Times New Roman type or Arial.
- Font size
- At least 12 points
- Line spacing
- Double
Formatting
- •Use non-condensed type, defined as Times New Roman or Arial
Submissions and combined PDFs in a single transmission may not exceed 20 MB; oversized filings will be rejected and must be filed on paper or divided into additional PDFs of 20 MB or less.
Formatting
- •Submissions are limited to 20 megabytes
Court's wording
Submissions are limited to twenty megabytes in size. No combination of PDF files in one transmission may aggregate to more than twenty megabytes in size. Filings that exceed this size limit will be rejected by the Clerk and must be filed as a paper document. Larger submissions must be broken down in additional PDF’s of 20 MB or less..
With the exception of proposed orders, all e-filed documents must be filed as a portable document format (PDF) file.
- File type
Formatting
- •Proposed orders are excepted from the PDF requirement
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format
- Proposed order
Formatting
- •Microsoft Word (.doc or .docx) format
Documents containing signatures of someone other than the party filing the document (such as affidavits, etc.) may be e-filed only as a scanned PDF document containing a holographic signature.
- File type
Formatting
- •The PDF must be scanned
- •The document must contain a holographic signature
The jury demand must be in writing by separate instrument.
Filed documents may not contain internal links unless incorporated into the document, and external links are prohibited.
Formatting
- •External links are prohibited
Court's wording
A filed document may not contain internal links to other documents or references in the court’s case management system, unless the links are incorporated into the filed document. External links are prohibited.
Format. All e-filed documents must, to the extent practicable, be formatted in accordance with Local Rules.
Exhibits must be pre-marked; the State/Plaintiff labels them starting with A and the Defendant starting with 1, while related materials may be grouped under one label.
- Exhibits
Formatting
- •Exhibits shall be pre-marked
Court's wording
1. Exhibits shall be pre-marked and RECEIVED BY the Clerk and served by the proponent on opposing party/counsel at least three business days prior to the hearing. The State/Plaintiff shall mark Exhibits starting with the letter “A.” The Defendant shall mark Exhibits starting with the number “1.” Related photos or documents (i.e. multiple page lease) may be grouped together and marked with a single letter or number.
Electronic documents may be signed by a judge or magistrate via a digitized image of his or her signature.
Document Filing Requirements67 rules
Attorneys practicing before this Court (except for pro se litigants) shall designate their capacity as trial counsel on all pleadings, motions, petitions, etc. filed in this Court. A law firm shall not be designated as trial counsel.
Court filings must include trial counsel's original signature, identifying and contact information, and Ohio Supreme Court Certificate of Registration number.
- Document
- Court filing
- Placement
- Signature block
Court's wording
All such documents shall bear, in addition to the original signature of trial counsel, counsel's name, office address, office telephone number, fax and email, as well as the number of counsel's Ohio Supreme Court Certificate of Registration, as provided by Ohio Gov. Bar R. VI, § 4.
Civil documents must be signed in compliance with Civil Rule 11.
After appearing, an attorney may withdraw only with court leave or notice of substitution; withdrawal requires a written motion stating the reasons, identifying any substitute attorney, and showing notice to opposing counsel and the client.
Court's wording
Once an appearance is made, an attorney may withdraw from a case only with leave of court or notice of substitution of counsel. Withdrawal shall be permitted only upon written motion filed with the court. The motion shall include (1) the specific reasons for requesting withdrawal; (2) the name and address of a substitute attorney, if any; and (3) proof of notification to the opposing attorney and to the client.
Attorneys who wish to appear pro hac vice must comply with Ohio Gov. Bar R. XII regarding pro hac vice certification and familiarize themselves with these local rules.
All motions shall be accompanied with a proposed entry.
Any party, or counsel for any party, who is aware that there is a need for interpretive services shall notify the Court of that need in writing immediately and the specific language needed.
If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice MUST be attached to the notice.
All motions, unless made during a hearing or trial, shall be in writing and accompanied by a memorandum stating the grounds for the motion and citing relevant authorities.
A fax filer must include a cover page with the specified case, document, transmission, judge, page-count, and filer information, subject to the stated qualifications.
- Document
- Facsimile filing
Must include
- •Caption
- •Case number
Court's wording
1. The person filing a document by fax shall also include a cover page containing all the following information: a. The case caption; b. The case number; c. The title of the document being filed (e.g. Defendant Jones Answer to Amended Complaint; Plaintiff Smith’s Response to Defendant’s Motion to Dismiss); d. The date of the fax transmission; e. The transmitting facsimile number; f. The name of the judge to whom the case is assigned, if any; g. The number of pages included in the transmission, including the cover page; h. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the document, if available.
An exhibit filed separately must have a cover sheet identifying the court, case caption and number, judge, and exhibit title.
- Document
- Exhibit cover sheet
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, caption 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” with Plaintiff Smith’s Response to Defendants Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
Each exhibit to a facsimile that cannot be accurately transmitted via facsimile for any reason must be replaced by an insert page describing the exhibit and why it is missing.
All filed documents must have an appropriate title. For example: Any filing requesting an act by the Court, shall be titled “Motion.”
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
a. The order must include: {Judge Signature} as signature token for the judge.
- Document
- Proposed order
Must include
- •{Judge Signature}
b. The order must include; {Magistrate Signature} as signature token for the Magistrate.
- Document
- Proposed order
Must include
- •{Magistrate Signature}
When submitting any complaint, third-party complaint, or other claim requiring summons for E-Filing the filing party must also submit instructions for service as required by the Rules of Procedure.
When a stipulation or other document requires the signature of two or more individuals, the e-filer must indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line, using the representation of a signature “/s/”.
- Document
- Stipulation or other multiple signature document
Must include
- •/s/
E-filed documents that require an attorney’s or filing party’s signature must be signed with a representation of a signature such as "/s/ (name)."
- Document
- E-filed document
- Placement
- Signature block
Must include
- •/s/ (name)
The revised document must be so identified and must reference the date of filing of the document being revised in its title.
i. The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.
SUBMISSIONS MUST BE CLEARLY LABELED WITH THE CASE CAPTION, DATE OF HEARING, AND NAME OF THE SUBMITTING PARTY.
- Document
- Submission
Must include
- •Caption
All requests for transcripts of any court proceeding shall be made by motion.
An officer who electronically signs a complaint and summons must have the signature attested by a peace officer, judge, clerk, or deputy clerk for the filing to be considered certified.
Court's wording
A law enforcement officer who files a criminal complaint and summons pursuant to this rule and electronically affixes the officer’s signature thereto, shall also have his/her signature attested to by either a peace officer, judge, clerk, or deputy clerk after which the complaint and summons shall be considered to have been certified and shall have the same rights, responsibilities, and liabilities as with all other criminal complaints and summons issued.
The Clerk of Court shall require the filing of a written complaint, E-ticket, or Uniform Traffic Ticket before placing an individual's name on the traffic/criminal docket.
Supporting documentation shall be attached to any motions to continue the hearing date.
The State may file written pretrial-release or detention recommendations before a hearing instead of appearing, but they must address all specified considerations, and the Court may still order the prosecutor to appear.
Court's wording
The State shall be prepared to make recommendations to the Court which address all statutory, constitutional, and criminal rule pretrial release or detention considerations, including those listed in Criminal Rule 46(B) and (C). The State shall specifically address the issues of victim protection and public safety in all cases alleging offenses of violence or sexually oriented offenses. The State may file recommendations in writing prior to the times of the hearing and in lieu of appearance, provided that those recommendations address all the above-mentioned considerations. The Court may order the Prosecutor to appear at any hearing, even if written recommendations have been filed.
Electronic Media Evidence (DVD/Stick drive) shall be brought to the final pretrial so that compatibility with court equipment can be determined.
A party seeking a jury trial must make a written jury demand as a separate instrument and file it within the time set by the applicable rule.
Court's wording
Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Criminal Rule 23. The jury demand must be in writing by separate instrument. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Attorneys who desire to be on the appointed counsel list shall complete the Application for Appointed Counsel Program available online at www.npmunicipalcourt.org or in the Clerk of Court’s Office. The form shall be submitted to the Court Administrator.
Appointed counsel shall obtain from each alleged indigent defendant an affidavit of indigency setting forth the facts in support. Ohio Public Defender form OPD-206R shall be utilized.
Attorneys desiring to be removed from the appointed counsel list shall notify the Court Administrator in writing.
The offender will not enter a plea initially, but must agree to waive, in writing the statutory and constitutional right to a speedy trial.
If the offender elects to participate, the offender will sign a contract agreeing to participate in the Program.
A defendant or surety must file an Affidavit for a Real Estate Bond with the listed title certificate, appraisal, and evidence of current encumbrance balances.
Court's wording
The defendant or surety must file an Affidavit for a Real Estate Bond which includes all of the following: Forms are available in the Clerk of Court’s Office. 1. A Certificate of Title issued by a licensed real estate title company showing all owners of the real estate, and spouse(s), if any, and showing all lien holders and the amount claimed in each encumbrance; 2. A current appraisal from the County Auditor or a licensed real estate appraiser, showing the fair market value of the real estate; 3. For each encumbrance identified in the Certificate of Title, satisfactory evidence of the current balance of each encumbrance, including any unpaid mortgages, taxes, or other liens;
6. The Affidavit must be signed by the defendant or surety, and their spouse in the presence of a Notary Public.
4. A statement of equity showing the difference in the fair market value of the real estate less the unpaid balances of each lien, equaling a balance of at least twice the amount of the bond;
5. A certified copy of the property deed from the County Recorder’s Office;
For cases based on an account, the account statement must be submitted, along with proof by affidavit that no subsequent payments have been made on the account.
However, when ordered by the Court, counsel for the party in whose favor an entry, order, judgment, or decree is entered, shall prepare a proper Journal Entry and submit it to the Court within fourteen (14) days of the order.
Each party shall file a complete set of instructions suitable for charging the jury in the captioned matter no later than the day of the scheduled Final Pretrial.
A Forcible Entry and Detainer complaint must state the grounds for eviction and include the statutory notice, the written instrument supporting the claim, and a completed and signed filing cover sheet; the Clerk will not accept it without the cover sheet.
Court's wording
A complaint in Forcible Entry and Detainer shall be filed and shall set forth the grounds for the eviction. The complaint shall be accompanied by: 1. A copy of the notice under ORC § 1923.04, 2. A copy of the written instrument upon which the claim is founded and, 3. The completed and signed Forcible Entry and Detainer Filing Cover Sheet. No Forcible Entry and Detainer complaint will be accepted by the Clerk without the Cover Sheet.
Motions for default judgement shall be supported by an affidavit of proof of damages.
2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).
In the event such continuance is filed by an attorney, a proposed entry MUST accompany the motion.
It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the court to also file a motion to certify the case to the Court of Common Pleas.
Such action shall be prompted by the filing of a written jury demand, if required by the Ohio Rules of Civil and Criminal Procedure, in cases that have not been resolved at pretrial or other appropriate hearing.
The facts supporting juror disqualification, exceptions, and deferrals shall be recorded under oath or affirmation. No disqualification, exemption or deferral shall be authorized unless the facts support it. These records shall be kept for a minimum of two (2) years.
You must complete this questionnaire and return it to the Court, at the above address, within ten (10) days of receipt.
An excusal or postponement request must be made on the questionnaire and include the applicable medical excuse, employer-signed letter, or financial-hardship letter.
Court's wording
If you cannot fulfill your obligation to serve at this time, complete Jury Service Excusal/Postponement request portion on the Questionnaire. For a medical release, you must provide a medical excuse from your doctor. If the request is work related, a letter signed by your employer is required. If due to extreme financial hardship, attach a letter stating your situation.
ALL QUESTIONS MUST BE ANSWERED. SIGN AND RETURN TO THE COURT WITHIN TEN (10) DAYS OF RECEIPT.
Even if you are requesting to be excused/postponed, you still need to complete the “Jury Service Questionnaire” and “Juror Qualification.”
___ Physical or mental condition of yourself, or another person under your care, that causes extreme hardship or otherwise renders you incapable of performing jury service. (PROVIDE WRITTEN DOCUMENTATION SIGNED BY A HEALTH CARE PROVIDER VERIFYING THE CONDITION(S) AND DATES OF REQUESTED EXCUSAL)
___ Extreme financial hardship to you or a person in your care. (PROVIDE A DETAILED WRITTEN EXPLANATION)
___ Full-time high school or college student. (PROVIDE COPY OF YOUR CLASS SCHEDULE)
Filing & Service rules
Electronic Filing Rules
Registration through the Court’s web portal is required for electronic filing service.
Registration via the Court’s web portal is required.
Page 11 | Rule No. 1.14: Filing by Electronic Transmission (E-Filing)
Counsel of record who wish to file with the Court must register to use the e-filing system’s filing and document-access functions.
All counsel of record who wish to file with the Court shall register with the Court to file, serve, receive, review and retrieve copies of e-filed pleadings, orders and other documents in the case.
Page 13 | E. Registration in E-File System/Confidential and Unique Electronic Identifier
A person assigned a unique identifier must use it for e-filing and related service and document-access functions.
The unique identifier shall be used to file, serve, receive, review, and retrieve e-filed pleadings, orders, and other documents in the case.
Page 13 | E. Registration in E-File System/Confidential and Unique Electronic Identifier
Criminal discovery-related documents must be submitted to the Clerk of Courts and may not be e-filed.
Discovery-related documents in criminal cases must be submitted to the Clerk of Courts and may not be e-filed.
Page 14 | F. E-Filing Generally
Attorneys must use the Court’s e-filing system, except for the listed case types and documents that are not subject to e-filing.
All attorneys must use the court's e-filing system. All cases, except for those listed below, are designated as e-file cases. 2. Case types/documents not subject to e-filing are: i. Cognovits ii. Foreign judgments iii. Motions for Protection Orders iv. Replevin actions v. Garnishments
Page 14 | F. E-Filing Generally
If an e-filing contains two captioned documents, only the document named in the docket entry is considered filed.
If two captioned documents are included in the same e- filing, the docket entry assigned to the filing will determine which document is filed. The document not named in the docket entry will not be considered filed.
Page 15 | Multiple Documents per Filing
Only one captioned document may be included in each e-filing, but attachments to a motion, brief, or other filed document may be included with it.
Only one captioned document may be filed per e-filing. This provision does not preclude the inclusion of attachments to a motion, brief, or other filed document in the same e-filing.
Page 15 | One Document per filing
Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be e-filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.
Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be e-filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.
Page 15 | Proposed Orders
Documents filed under seal must be filed on paper unless the Court directs otherwise.
However, the documents to be filed under seal must be filed in paper form unless otherwise directed by the court.
Page 19 | O. Exceptions to E-Filing
A person deemed a vexatious litigator may not e-file without leave of Court.
4. Filings from Vexatious Litigators. An individual that has been deemed a vexatious litigator pursuant to R.C. 2323.52 shall not be permitted to e-file without leave of Court.
Page 19 | O. Exceptions to E-Filing
A motion to file documents under seal must be filed and served electronically.
1. Documents Filed under Seal. A motion to file documents under seal must be filed and served electronically.
Page 19 | O. Exceptions to E-Filing
A user unable to e-file because of personal technical problems may use the Clerk's public terminals to meet jurisdictional deadlines.
v. When a system user cannot e-file because of the user’s technical problems, the user may us the Clerk’s public terminals to file documents in order to comply with the jurisdictional deadlines.
Page 19 | Jurisdictional Deadlines and Technical Failures
When the Court's e-filing system has a technical failure, users may file documents on paper to meet jurisdictional deadlines.
iv. When the Court’s e-filing system is subject to a technical failure, system users may file documents in paper format to comply with jurisdictional deadlines.
Page 19 | Jurisdictional Deadlines and Technical Failures
Counsel must use CABS to enter and generate reimbursement bills electronically for court submission.
Counsel will use the Ohio Public Defender Court Appointed Counsel Billing System (CABS) to electronically enter and generate bills for court submission for reimbursement.
Page 29 | RULE NO. 2.06: COURT APPOINTED COUNSEL
A document filed by fax is accepted as the effective original filing.
2. A document filed by fax shall be accepted as the effective original filing.
Page 9 | RULE NO. 1.13: FACSIMILE FILINGS
Fax filings must be sent to the Clerk’s dedicated fax equipment and may not be sent directly to the Court.
5. Facsimile filings may NOT be sent directly to the Court for filing but may only be transmitted directly to the dedicated facsimile equipment operated by the Clerk of Court.
Page 9 | RULE NO. 1.13: FACSIMILE FILINGS
Pleadings and other documents may be filed by fax with the Clerk, but cognovit promissory note actions must be filed as original documents.
A. Applicability: These rules apply to all proceedings in the New Philadelphia Municipal Court, except cognovit promissory note actions which must be filed as the original document. C. Procedure: 1. Pleadings and other documents may be filed with the Clerk of Court by facsimile transmission to 330-364-6885.
Page 9 | RULE NO. 1.13: FACSIMILE FILINGS
Each person assigned a unique identifier is responsible for its security and use.
Each person to whom a unique identifier has been assigned shall be responsible for the security and use of such identifier.
Page 13 | E. Registration in E-File System/Confidential and Unique Electronic Identifier
Self-represented filers may e-file but are not required to; those who do not e-file must submit documents by mail, commercial carrier, email, or personal delivery to the Clerk’s Office.
Pro-se filers may, but are not required to, utilize the e-filing system. The Clerk of Courts will provide secure public access terminals from which self-represented filers will be permitted to use the court’s e-filing system and electronically file documents. Self-represented filers who do not utilize the e-filing system must file all documents with the Clerk by mail, commercial carrier service, email, or personal delivery to the Clerk’s Office.
Page 14 | F. E-Filing Generally
Motions to be admitted pro hac vice are listed as an exception to e-filing.
3. Motions to be admitted Pro Hac Vice.
Page 19 | O. Exceptions to E-Filing
Exhibits or other items that cannot be stored electronically may be filed and served on paper.
2. Exhibits. Exhibits or other items that cannot be captured or stored in an electronic format may be filed and served in paper form.
Page 19 | O. Exceptions to E-Filing
Exhibits may be delivered to the Clerk by fax or email, or, if neither is available, by U.S. mail or hand delivery.
2. The Exhibits may be delivered to the Clerk via facsimile as described in Rule 1.13(G) or via email to bailiff@npmunicipalcourt.org. If facsimile or email is not available, then via regular U.S. mail to the Clerk of Court, New Philadelphia Municipal Court, 166 East High Avenue, New Philadelphia, Ohio 44663, or hand delivered to the Clerk’s office at the courthouse.
Page 20 | E. Submission of Exhibits
Criminal complaints and summons may be used and filed electronically only if they conform in all substantive respects to the Ohio Rules of Criminal Procedure and Ohio Criminal Rule 4(G).
The use and filing of criminal complaints and summons by computer or other electronic means, must conform in all substantive respects to the Ohio Rules of Criminal Procedure and Ohio Crim. R. 4(G).
Page 25 | B. Use of Electronically Produced Criminal Complaint and Summons
When an administrative order authorizes electronic filing, the electronically filed document becomes part of the official court record.
In matters where electronic filing is authorized by administrative order, the electronically filed document will be part of the official court record.
Page 11 | Rule No. 1.14: Filing by Electronic Transmission (E-Filing)
If paper records are maintained, they are considered copies of the official court record.
Paper records, if maintained, will be considered a copy of the official court record.
Page 11 | Rule No. 1.14: Filing by Electronic Transmission (E-Filing)
The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any case as designated by an administrative order or local rule.
The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any case as designated by an administrative order or local rule.
Page 11 | Rule No. 1.14: Filing by Electronic Transmission (E-Filing)
Self-represented parties may register with the Court’s e-filing system but are not required to do so.
Pro Se parties may, but are not required to, register with the Court’s e-file system
Page 13 | E. Registration in E-File System/Confidential and Unique Electronic Identifier
Pleadings and other papers may be filed electronically with the Clerk, subject to this rule.
In conformity with the Ohio Revised Code, Civ.R. 5(E), and Crim.R. 12(B), pleadings and other papers may be filed with the Clerk of Court electronically, subject to the provisions of this rule.
Page 13 | D. E-filing Policy
Criminal complaints may be submitted electronically or at the Clerk’s Office.
Criminal complaints may be submitted either electronically or at the Clerk’s Office.
Page 14 | F. E-Filing Generally
Exhibits in civil cases may be submitted at the Clerk’s Office.
Exhibits in civil cases may be submitted at the Clerk’s Office.
Page 14 | F. E-Filing Generally
Computer- or electronically produced traffic tickets may be used and filed if they conform to Ohio Traffic Rule 3.
The use and filing of tickets produced by computer or other electronic means, which conform to the requirements of Ohio Traffic Rule 3 are hereby authorized.
Page 25 | A. Use of Electronically Produced Traffic Tickets (E-Tickets)
Filing Timing and Cure Windows
Requests must be made as far in advance as reasonably practical and no later than 30 minutes before the courtroom session, unless the trial Judge permits otherwise.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be made in writing to the Judge or Magistrate to whom the case is assigned as far in advance as reasonably practical by a motion form available at the Court, but no later than one-half (1/2) hour prior to the courtroom session unless otherwise permitted by the trial Judge.
Page 6 | RULE NO. 1.03: PUBLIC USE OF COURTROOMS
A motion to withdraw must be filed at least seven days before the next scheduled hearing.
Said motion shall be filed at least seven (7) days prior to the next scheduled hearing.
Page 7 | RULE NO. 1.06: APPEARANCE AND WITHDRAWAL OF COUNSEL
A fax filing’s effective filing date and time is when the Clerk accepts it for filing.
6. An “effective date and time of filing” means the date and time that a facsimile document is accepted by the Clerk of Court for filing.
Page 9 | RULE NO. 1.13: FACSIMILE FILINGS — B. Definitions
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the facsimile document is filed.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.
Page 11 | G. Exhibits
An accepted fax filing is considered filed when the Clerk time-stamps it as received, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Court as of the date and time the Clerk time-stamps the document received as opposed to the date and time of the fax transmission.
Page 11 | H. Time of Filing
A rejected submission does not become part of the official court record.
If the Clerk rejects a submitted document, the document will not become part of the official court record.
Page 16 | Filing Date and Time of E-Filed Documents
A Clerk’s rejection does not change the filing deadline.
The Clerk’s rejection of a document does not alter the filing deadline for that document.
Page 16 | Filing Date and Time of E-Filed Documents
The effective filing date and time are the date and time the e-filing is accepted.
The electronic timestamp, and the effective date and time of filing, will correspond to the date and time the e-filing was accepted to the E-Filing system.
Page 16 | Filing Date and Time of E-Filed Documents
The response period for a properly filed revised document begins on the date the revised document is filed.
The time for filing a response to a revised document properly filed under this ruled begins to run from the date the revised document is filed.
Page 18 | M. Filing Errors
If the Court finds that a system failure prevented e-filing, it will deem the document filed as of the attempted submission date.
5. Order to Deem Filed as of Date Electronically Submitted. If the Court determines from the motion that a system failure prevented a filer from e-filing a document, the Court will enter an order deeming the document filed as of the date of the attempted electronic submission.
Page 19 | Order to Deem Filed as of Date Electronically Submitted
A party whose technical problems cause it to miss a non-jurisdictional deadline may move to file instanter by the next business day after the problems are resolved.
6. Missed Deadline as the Result of e-filers Technical Failure. A party who misses a non- jurisdictional deadline because of technical problems with the filer's equipment, software, or internet access, may move the Court to file a document instanter no later than the next business day following the resolution of the party's technical problems.
Page 19 | Missed Deadline as the Result of e-filers Technical Failure
Technical failures cannot extend jurisdictional deadlines, including statutes of limitations and appeal deadlines.
iii. Technical failures, whether the fault of the Court’s e-filing system or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitations or deadlines for appeal).
Page 19 | Jurisdictional Deadlines and Technical Failures
The Clerk must receive exhibits at least three business days before the hearing.
1. Exhibits shall be pre-marked and RECEIVED BY the Clerk and served by the proponent on opposing party/counsel at least three business days prior to the hearing.
Page 20 | E. Submission of Exhibits
Completed transcriptions must be filed with the Court immediately.
All transcriptions must be filed with the Court immediately upon completion.
Page 22 | Rule No. 1.17(B): Transcript of Proceeding
A paper ticket filed after the arraignment date will be returned.
If a paper ticket is filed after the arraignment date, the ticket will be returned.
Page 25 | RULE NO. 2.01: ARRAIGNMENT
An E-ticket must be filed by the arraignment date and time or the case will be dismissed.
If the E-ticket is not filed by the arraignment date and time, the case will be dismissed.
Page 25 | RULE NO. 2.01: ARRAIGNMENT
Pretrial motions, including motions in limine, must be filed at least 14 days before the final pretrial.
Pretrial motions, including motions in limine, shall be filed at least fourteen (14 days) before the final pretrial.
Page 28 | RULE NO. 2.05: JURY PRACTICE IN TRAFFIC/CRIMINAL CASES
A jury demand must be filed within the time frame set by the applicable rule.
The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Page 28 | RULE NO. 2.05: JURY PRACTICE IN TRAFFIC/CRIMINAL CASES
Written objections to the jury-selection procedure must be filed before the final pretrial.
Written objections to this procedure shall be filed with the Court prior to the final pretrial.
Page 28 | RULE NO. 2.05: JURY PRACTICE IN TRAFFIC/CRIMINAL CASES
Proposed jury instructions must be filed at least 7 days before the final pretrial.
Proposed jury instructions shall be filed at least seven (7 days) before the final pretrial.
Page 28 | RULE NO. 2.05: JURY PRACTICE IN TRAFFIC/CRIMINAL CASES
Motions and responses must be filed within the time guidelines in the Ohio Rules of Civil Procedure.
Motions and responses must be filed within the time guidelines set forth in the Ohio Rules of Civil Procedure.
Page 35
A civil jury demand must be filed within the time frame set by the applicable Ohio Rule of Civil Procedure, including Rule 38.
Any party desiring a jury trial in a civil case must demand the same in accordance with Rule 38 of the Ohio Rules of Civil Procedure. The jury demand must be in writing by separate instrument. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Page 36 | RULE NO. 3.07: JURY DEMAND IN CIVIL CASES
The Civil Jury Cost must be paid 10 days before trial.
The party demanding the jury in a civil case shall pay the Civil Jury Cost ten (10) days prior to the trial.
Page 36 | RULE NO. 3.07: JURY DEMAND IN CIVIL CASES
Jury instructions are due no later than the day of the scheduled Final Pretrial.
Each party shall file a complete set of instructions suitable for charging the jury in the captioned matter no later than the day of the scheduled Final Pretrial.
Page 36 | RULE NO. 3.07: JURY DEMAND IN CIVIL CASES
When ordered by the Court, the Journal Entry must be submitted within 14 days of the order.
However, when ordered by the Court, counsel for the party in whose favor an entry, order, judgment, or decree is entered, shall prepare a proper Journal Entry and submit it to the Court within fourteen (14) days of the order.
Page 36 | RULE NO. 3.08: JOURNAL ENTRIES
The scheduled set-out must occur within fifteen business days after the Clerk’s office issues the Writ.
3. Writs must be executed upon (the scheduled set-out must occur) within fifteen (15) business days of issuance by the Clerk’s office.
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
When a judgment is more than thirty but less than sixty days old, the plaintiff must file a motion for leave to apply for a Writ and serve it on the defendants.
2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
A Writ must be applied for within thirty days after judgment unless the judgment orders otherwise.
1. Within thirty (30) days of the date of the judgment unless the judgment orders otherwise.
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
Failure to comply with the venue-transfer cost and deposit requirements within fourteen days after entry of the venue-change order may be grounds for dismissal.
Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.
Page 38 | RULE NO. 3.11: CHANGE OF VENUE CERTIFICATION OF PROCEEDINGS — A. Court as Transferor
Failure to deposit sufficient costs within fourteen days after receipt of the file may result in its return to the transferor court.
Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.
Page 38 | RULE NO. 3.11: CHANGE OF VENUE CERTIFICATION OF PROCEEDINGS — B. Court as Transferee
The certification and security-cost requirements must be completed within thirty days after filing the counterclaim, crossclaim, or third-party complaint, or the action may be dismissed under Civil Rule 41(B).
Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civil Rule 41(B).
Page 38 | RULE NO. 3.11: CHANGE OF VENUE CERTIFICATION OF PROCEEDINGS — C. Certification to Common Pleas Court
The completed questionnaire is due within 10 days of receipt.
You must complete this questionnaire and return it to the Court, at the above address, within ten (10) days of receipt.
Page 49 | ATTACHMENT A – JURY COVER LETTER TEXT
The signed jury service questionnaire must be returned to the Court within 10 days of receipt.
ALL QUESTIONS MUST BE ANSWERED. SIGN AND RETURN TO THE COURT WITHIN TEN (10) DAYS OF RECEIPT.
Page 51 | JURY SERVICE QUESTIONNAIRE
If a fax filing lacks required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed.
3. If a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may, at its discretion, a. Enter the document in the Case Docket and file the document; or b. Deposit the document in a file of failed faxed documents with a notation of the reason for the failure, and the document shall not be considered filed with the Clerk of Court.
Page 10 | RULE NO. 1.13: FACSIMILE FILINGS — D. Fax Cover Page
Fax documents received outside normal Clerk business hours are queued in receipt order based on the receiving machine’s imprinted date and time, and time-stamped accordingly.
Documents received outside of normal business hours of the Clerk of Court will be queued in the order of their receipt as documented by the date and time imprinted by the receiving facsimile machine and time-stamped accordingly.
Page 11 | H. Time of Filing
An accepted filing is one received and reviewed by the Clerk as compliant; acceptance occurs during business hours and the document is file-stamped.
Accepted filing. A document which the Clerk has received, reviewed, and deemed in compliance with Court rules, policies, procedures, and practices. This will occur during business hours, and the document will be file-stamped by the Clerk.
Page 12 | C. Definitions
For paper filings by self-represented filers, the Clerk must accept, docket, and scan the document by the end of the next business day or as soon as practicable, and retain the original.
The Clerk must accept the paper document for filing, docket the document, and scan the document before the end of the next business day or as soon as practicable, and retain the original for placement in the case file.
Page 14 | F. E-Filing Generally
The Clerk reviews e-filing submissions during normal business hours and accepts or rejects them.
The Clerk will perform a review of the submission during normal business hours and will either accept or reject the submission.
Page 16 | Filing Date and Time of E-Filed Documents
Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an official acknowledgement of the system outage, may file a properly supported motion for an order permitting the document to be deemed filed as of the date it would have ordinarily been accepted by the Clerk.
Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an official acknowledgement of the system outage, may file a properly supported motion for an order permitting the document to be deemed filed as of the date it would have ordinarily been accepted by the Clerk.
Page 18 | N. System Errors
The Clerk must notify the Court and the public of an e-filing system malfunction that causes a delay of more than one hour.
The Clerk must notify the Court and the public of any malfunction with the e-filing system causing a delay of more than one hour.
Page 18 | N. System Errors
An e-filer may revise an electronically filed document if no party has responded, subject to the stated timing for the original filing or a party’s response.
An e-filer who wishes to make corrections or additions to an electronically filed document may file a revised document if no response has been made to the original filing by any party. b. The revised document must be filed within the time permitted for the filing of the original or a party files a response to the original filing.
Page 18 | M. Filing Errors
For an unexpected outage, the Clerk must post an official outage message on the Clerk’s website and e-filing portal identifying the affected time frame.
If the system outage is unexpected, the Clerk must post a message on the Clerk’s website and on the e-filing portal. This message is an official acknowledgement of a system outage that may have prevented some filers from submitting their filings within a certain time frame as identified in the message.
Page 18 | N. System Errors
For a planned or anticipated outage, the Clerk must post an alert on the Court’s website and e-filing portal; the message officially acknowledges the outage and identifies the affected time frame.
If the system outage is planned or anticipated ahead of time, the Clerk must post a message on the Court’s website and on the e-filing portal alerting filers of a possible system outage. This message is an official acknowledgment of a system outage that may have prevented some filers from submitting their filing within a certain time frame, as identified in the message.
Page 18 | N. System Errors
For offenses not listed in section E, a defendant may enter a written not guilty plea before the scheduled arraignment if counsel sends it.
A defendant may enter a written plea of not guilty prior to defendant’s scheduled arraignment provided that the written not guilty plea is sent by counsel for offenses other than those listed in section (E) of this rule.
Page 25 | D. Written Not Guilty Plea
The Court establishes discovery and dispositive-motion deadlines at the scheduling pretrial.
Discovery and dispositive motion deadlines will be established by the Court at the scheduling pretrial.
Page 35 | RULE NO. 3.04: DISCOVERY AND DISPOSITIVE MOTION PRACTICE
Service and Proof of Service Rules
After counsel appears, court-filed documents and court orders must be served on designated counsel.
Upon the entry of appearance of counsel, all documents filed with the Court and all court orders shall be served upon the designated counsel.
Page 7 | RULE NO. 1.06: APPEARANCE AND WITHDRAWAL OF COUNSEL
An exhibit filed separately must be served in conformance with the rules governing service of pleadings in the court.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, caption 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” with Plaintiff Smith’s Response to Defendants Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
Page 11 | G. Exhibits
Proposed orders must be served on all parties at the same time they are submitted.
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
Page 15 | Proposed Orders
E-service is complete when a registered user receives the notice on the system’s e-service notifications page.
E-service of an e-filed document will be deemed complete when a registered user receives the notice on the e-service notifications page through the e-filing system.
Page 16 | Effect of E-Service
The filing party must serve all post-complaint filings and include a certificate of service as required by the procedural rules.
It is the responsibility of the filing party to serve all filings after the complaint and a party must include a certificate of service in accordance with the applicable rules of procedure.
Page 16 | Service of filings after the complaint
The Clerk must issue summons using the requested service method in accordance with the applicable procedural rules.
The Clerk must issue a summons by the method of service requested in accordance with the applicable rules of procedure.
Page 16 | Service of claims that require service of summons
Electronic service constitutes service and satisfies the certificate requirement unless the filing party actually knows of a technical failure causing non-receipt.
Electronic service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, unless the filing party has actual knowledge of a technical failure resulting in non-receipt of a document.
Page 16 | Effect of E-Service
Pro se parties and other interested parties who are not subscribed to the e-filing system must be served with a paper copy.
Pro-se parties and other interested parties who may be served with a filing (such as appraisers ) but who are not subscribed to the court’s e-filing system must be served with a paper copy in accordance with the applicable rules of procedure.
Page 16 | Service of Paper Copies
A motion to file documents under seal must be served electronically.
1. Documents Filed under Seal. A motion to file documents under seal must be filed and served electronically.
Page 19 | O. Exceptions to E-Filing
Exhibits must be pre-marked, received by the Clerk, and served on opposing counsel at least three business days before the hearing.
1. Exhibits shall be pre-marked and RECEIVED BY the Clerk and served by the proponent on opposing party/counsel at least three business days prior to the hearing.
Page 20 | E. Submission of Exhibits
When a criminal complaint and summons is issued at the scene, the issuing officer must serve the defendant with the defendant’s paper copy as required by Ohio Criminal Rule 4(D).
If a criminal complaint and summons is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant’s paper copy of the criminal complaint and summons as required by Ohio Crim. R. 4(D).
Page 25 | B. Use of Electronically Produced Criminal Complaint and Summons
A summons or private complaint charging a jailable misdemeanor may not be served by residence service, certified mail, or another method inconsistent with the rule.
No summons or private complaint issued upon a private complaint charging a misdemeanor which carries the possibility of a jail sentence shall be served by residence service, certified mail, or other means inconsistent with this rule.
Page 32 | RULE NO. 2.12: PRIVATE COMPLAINT
The serving officer must make the return of personal service pursuant to Ohio Criminal Rule 4(D)(4).
Return of personal service shall be made by the serving officer pursuant to Ohio Criminal Rule 4 (D)(4).
Page 32 | RULE NO. 2.12: PRIVATE COMPLAINT
When the prosecutor requests a summons for a private complaint charging a jailable misdemeanor, the summons and complaint must be personally delivered to the defendant.
Any private complaint charging a misdemeanor which carries the possibility of a jail sentence (misdemeanors of the first, second, third or fourth degree and jailable unclassified misdemeanors) for which the prosecutor requests the issuance of a summons, shall be served upon the defendant by delivering a copy of the summons and complaint to the defendant personally.
Page 32 | RULE NO. 2.12: PRIVATE COMPLAINT
After a private complaint is filed under this rule, the clerk must issue the summons, place it with the complaint in the prosecutor’s designated box, and notify the prosecutor that it is available for pickup or delivery to an authorized law enforcement officer for personal service.
Upon the filing of any private complaint under this local rule the Clerk of Court shall issue the summons pursuant to Ohio Criminal Rule 4(C)(2). The Clerk shall place the summons with the attached complaint in the prosecuting attorney’s designated box at the Clerk’s office and shall notify the prosecuting attorney that the summons and complaint are available for pick-up by, or delivery by the prosecutor to any authorized law enforcement officer of the charging jurisdiction for personal service upon the defendant.
Page 32 | RULE NO. 2.12: PRIVATE COMPLAINT
Summons must be served under the Ohio Rules of Civil Procedure; after filing, service must be obtained within six months unless good cause is shown, or the action will be dismissed without prejudice as to that defendant.
The summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify counsel or pro se party. If counsel/pro se party fails to obtain service of the summons and complaint within six (6) months from the date the case has been filed and the party on whose behalf such service was required cannot show good cause why such service was not made, the action shall be dismissed as to that defendant without prejudice upon the Court’s own initiative with notice to such party or upon motion.
Page 34 | RULE NO. 3.01: CIVIL CASE MANAGEMENT — B. Summons
The defendant must be served with the summons and complaint at least seven days before trial, unless time constraints require otherwise.
Defendant shall be served with the summons and complaint at least seven (7) days prior to the date set for trial, unless time constraints require otherwise.
Page 37 | B. Trial
The plaintiff must serve a copy of the Motion for Leave to Apply for a Writ on the defendants when the judgment is more than thirty but less than sixty days old.
2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
The jury administrator must mail the jury materials at least 14 days before trial, though a judge may order prospective jurors to appear on less notice in the stated circumstances.
Upon notice to a staff member by the Judge of an upcoming jury trial, the jury administrator shall mail to each person whose name is drawn from the jury pool an instructional cover letter, juror summons and juror questionnaire at least fourteen (14) days in advance of the scheduled trial date. (Attachment A). A judge may order prospective jurors to appear upon less notice when, in the course of jury selection, it becomes apparent that additional prospective jurors are required in order to complete jury selection, or where there is not a waiver of speedy trial in a criminal case.
Page 41 | RULE 4: NOTICE OF SELECTION FOR JURY POOL AND SUMMONS FOR JURY SERVICE
Service copies may not be transmitted by fax.
4. Facsimile filings shall not exceed fifteen (15) pages in length, excluding the cover sheet. Service copies shall not be transmitted by facsimile.
Page 9 | RULE NO. 1.13: FACSIMILE FILINGS
Registering as an e-filer constitutes consent to electronic service of pleadings filed by other registered e-filers and court orders.
Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the Court.
Page 12 | C. Definitions
The Court and Clerk issue and serve case documents electronically, with notices issued to parties without a case-management email address and in exempted cases.
The Court and the Clerk will issue, journalize, and serve notices, orders, and other documents electronically. The Clerk will issue notices to those parties that do not have an email address in the case management system and on the exempted cases listed above.
Page 14 | F. E-Filing Generally
Items that cannot be captured or stored electronically may be served in paper form.
2. Exhibits. Exhibits or other items that cannot be captured or stored in an electronic format may be filed and served in paper form.
Page 19 | O. Exceptions to E-Filing
The private-complaint service procedures in this rule do not apply to issuance or return of service in minor misdemeanor cases.
This rule shall not apply to the issuance and return of service of summons and private complaint in minor misdemeanor criminal cases.
Page 32 | RULE NO. 2.12: PRIVATE COMPLAINT
Virtual service of process remains subject to review or challenge under Civil Rule 4.1, and service confirmation data is available through the Clerk’s Office.
All service of process of complaints or other documents served with virtual services of process are subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process data being made available through the Clerk’s Office.
Page 34 | RULE NO. 3.02: SERVICE OF PROCESS
Registered users may serve other registered users electronically through the court’s authorized e-filing system.
All parties who are registered users of the court’s authorized e- filing system may electronically serve all other registered users of the e-filing system through the court’s authorized E-Filing system.
Page 16 | Service of filings after the complaint
The system automatically serves a notice of electronic filing on registered case participants when a document is e-filed.
Once a document is e-filed, a notice of electronic filing will be automatically served electronically on all parties who are registered case participants.
Page 16 | Service of filings after the complaint
Service methods under Civil Rule 4.1 include virtual service by eCertified mail, with delivery confirmation available through the court’s website.
The Clerk of Court shall accept service of process methods as outlined in Civil Rule 4.1 which methods shall include “virtual” service of process utilizing advanced postal technology for service by eCertified mail. This advanced postal technology does not modify Civil Rule 4.1(1), but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the court’s website to show to whom the mail was delivered, the date of delivery, address where delivered, and the electronic signature of the recipient, all in accordance with the now-existing Civil Rules.
Page 34 | RULE NO. 3.02: SERVICE OF PROCESS
Filing Fees and Waivers
The Clerk will not accept a document for fax filing if it requires a filing fee or service by the Clerk.
No document shall be accepted by the Clerk of Court for facsimile filing if it requires a filing fee or service by the Clerk of Court.
Page 11 | I. Fees and Costs
An e-filed document requiring a fee will be rejected unless the filer follows the court’s fee-payment mechanism.
Any document filed electronically that requires a filing fee shall be rejected by the Clerk of Courts unless the filer has complied with the mechanism established by the court for the payment of filing fees in accordance with Ohio Civ. R. 5(E)(3).
Page 15 | Collection of Filing Deposit and Fees
Normal filing fees and case deposits are collected electronically when a filing is submitted, before it advances to Clerk review.
The Clerk of Courts shall assess normal filing fees and case deposits which will be collected via a financial transaction device of electronic means at the time the filing is submitted in order to advance to the Clerk’s review stage of e-filing.
Page 15 | Collection of Filing Deposit and Fees
Filing the bond incurs a $100.00 filing fee and a bond surcharge fee.
A filing fee of $100.00 and the bond surcharge fee shall be charged.
Page 33
A deposit of at least the amount specified in the civil costs section is required as security for costs before filing, unless the Court orders otherwise or the filer is exempt by law; a Judge or Magistrate may excuse a person unable to pay upon an appropriate affidavit.
No action, proceeding, motion or other document shall be accepted for filing by the Clerk of Court unless there first shall be deposited the sum of not less than the amount specified in the civil costs section as security for costs, unless otherwise ordered by the Court or otherwise exempted by law. The schedule of court costs in the civil division is set by administrative order. The schedule is available at the Clerk of Court’s Office or at the Court’s web site. Those persons unable to post the required security for costs may be excused from the same upon filing of an appropriate affidavit, when approved by the Judge or Magistrate.
Page 34 | RULE NO. 3.01: CIVIL CASE MANAGEMENT — A. Costs
The party demanding a civil jury must pay the Civil Jury Cost 10 days before trial, unless the Judge approves a waiver based on evidence of indigency.
The party demanding the jury in a civil case shall pay the Civil Jury Cost ten (10) days prior to the trial. The cost requirement may be waived upon the presentation of evidence which establishes the indigency of the party demanding the jury, and upon approval of the Judge.
Page 36 | RULE NO. 3.07: JURY DEMAND IN CIVIL CASES
If the plaintiff delays or cancels a set-out and more than fifteen business days have passed since issuance, the plaintiff must apply for a new Writ and pay another fee.
If a set-out is delayed or canceled by the plaintiff, and more than fifteen (15) business days pass after the date the Writ was issued, the plaintiff must apply for a new Writ and pay another fee.
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
The plaintiff must pay the fee set by the most recent cost schedule with the application for a Writ of Restitution.
Plaintiff shall remit a fee, established by the most recent cost schedule, with the application for the Writ.
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
The Clerk will not file and docket a transferred case until a deposit sufficient to secure costs has been made.
B. Court as Transferee: The Clerk shall not file and docket any case transferred to this Court pursuant to venue change in application of Civil Rule 3(C) until a sum sufficient to secure costs has been deposited.
Page 38 | RULE NO. 3.11: CHANGE OF VENUE CERTIFICATION OF PROCEEDINGS — B. Court as Transferee
The motion to certify must include a check or money order payable to the Court of Common Pleas for at least the specified security costs.
The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court.
Page 38 | RULE NO. 3.11: CHANGE OF VENUE CERTIFICATION OF PROCEEDINGS — C. Certification to Common Pleas Court
A case may not be transferred for a venue change until all costs are paid and a check sufficient to secure the transferee court’s costs is deposited with the Clerk.
A. Court as Transferor: The Clerk shall not transfer any case pursuant to venue change in application of Civil Rule 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer.
Page 38 | RULE NO. 3.11: CHANGE OF VENUE CERTIFICATION OF PROCEEDINGS — A. Court as Transferor
A jury demand fee set by the Court’s current cost schedule is assessed in civil cases and must accompany a complaint or responsive pleading when the jury demand is made with that pleading.
In civil cases, a jury demand fee in an amount indicated in the court’s most recent Schedule of Court Costs, shall be assessed. If the jury demand is made upon the filing of a complaint or made upon the filing of a responsive pleading, the jury demand fee, in the amount set by the Schedule of Court Costs shall accompany said pleading.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
The jury deposit must be receipted by the Clerk’s Office by noon one business day before trial; an indigent person may petition for waiver, no deposit is required in a criminal/traffic case, and failure to pay either fee waives the right to a jury trial in a civil case.
One (1) business day prior to the trial date, the jury deposit fee must be receipted by the Clerk’s Office by noon. This jury deposit fee (as listed in the Court’s most recent Schedule of Court Courts), shall be used to pay the prospective jurors who have been called in response to the jury demand. The jury deposit fee will not completely cover the juror expense. The remainder of the juror expense will be added to the court costs of the case at hand. In the event either deposit fee or the demand fee is not made, this shall be deemed a waiver of the right to a trial by jury in the civil case. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement. No deposit shall be required of a party in a criminal/traffic case.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
Users must pay the rates permitted by law for printed copies of documents.
Users shall be charged for printed copies of documents at rates permitted by law.
Page 13 | Definitions
A check submitted to pay filing costs may cover no more than five complaints.
No more than five (5) complaints shall be filed per check submitted to pay for the costs of the filing of such complaints.
Page 34 | RULE NO. 3.01: CIVIL CASE MANAGEMENT — A. Costs
If a civil case settles on the jury-trial date, all lawful costs are assessed against the party who requested the jury unless a consent entry provides otherwise.
If a civil case is settled on the date of the jury trial all lawful costs shall be assessed against the party who requested the jury, unless otherwise agreed by consent entry.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
If no jury has been sworn and a criminal defendant fails to appear without good cause, that morning’s juror costs may be included in the costs of prosecution.
ORC § 2947.23(A)(2)(b) effective May 18, 2005, provides that if a jury has not been sworn at the trial of a criminal case, and the defendant fails to appear without good cause, the costs incurred for that morning’s jurors for that particular trial may be included in the costs of prosecution.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
Costs associated with summoning a jury, as set by the Court’s current cost schedule, are assessed to the party requesting the jury trial.
Those costs associated with the summoning of a jury as set by the Court’s most recent Schedule of Costs, shall be assessed to the party requesting the jury trial.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
For multiple criminal/traffic trials set on the same date, the judge assesses individual jury-service payments in light of the parties’ agreement, which governs whether costs are assessed to the defendant or the State or City, subject to the stated exceptions.
In cases where multiple criminal/traffic trials are set for the same date, the individual jury service payment shall be assessed at the discretion of the judge per agreement of the parties. If the agreement is the defendant is to pay costs, all court costs shall be assessed to the defendant unless otherwise agreed. If the agreement is that the State or the City pay costs, the cost of summoning the jury, as well as other court costs, including the cost of paying juror fees will be assessed to the State or City based on the complaint in the file unless amended, unless otherwise agreed by the parties.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
If jury-summoning costs are assessed against the defendant, they must be paid to the public treasury from which the jurors were paid.
If the costs incurred in summoning jurors are assessed against the defendant, those costs shall be paid to the public treasury from which jurors were paid.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
When multiple civil trials are set for the same date, jury costs are assessed to the last case settled on the trial date.
In cases where multiple civil trials are set for the same date, jury costs shall be assessed to the last case settled on the date of the jury trial, as substantial efforts have been made by the Court to have all issues resolved prior to trial.
Page 40 | RULE 3: MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
No additional fee is assessed for facsimile filings.
No additional fee shall be assessed for facsimile filings.
Page 11 | I. Fees and Costs
After the motion is granted, the plaintiff may pay the fee set by the most recent cost schedule for the Writ and schedule a set-out.
Upon the granting of the motion, plaintiff may remit the fee established by the most recent cost schedule for the Writ and schedule a set-out.
Page 37 | D. Enforcement of First Claim Judgment – Writs and Set-Outs
Sealing & Redaction Procedures
Social Security numbers and other personal identifying information must be redacted before filing, including from attached exhibits and addenda, whether or not the information is relevant to the case.
In accordance with Sup. R. 45(D), Social Security numbers and other personal identifying information, whether relevant to the case or not, must be redacted from documents before the documents are filed with the court. This requirement includes exhibits or addenda attached to filings such as preliminary judicial reports, financial reports, and medical records, etc.
Page 17 | L. Personal and Private Information in Electronically Filed Court Documents
When personal identifiers are redacted, the party must submit or file them on a separate Clerk-provided form, and the information will be kept in a format inaccessible to the public.
Pursuant to Sup. R. 45(D)(2), when personal identifiers are redacted from a document filed with the Clerk or submitted to the Court, the party must submit or file that information on a separate form provided by the Clerk, and this information will be held in a format that cannot be viewed by the public.
Page 17 | L. Personal and Private Information in Electronically Filed Court Documents
The parties and their counsel bear sole responsibility for redacting personal identifiers; the Clerk does not review each document for compliance.
Pursuant to Sup. R. 45(D)(3), the responsibility for redacting personal identifiers rests solely with the parties and their counsel. The Clerk will not review each document for compliance with this Rule.
Page 17 | L. Personal and Private Information in Electronically Filed Court Documents
Pre-Motion Conference Requirements
Before filing a discovery-compel or discovery-sanctions motion, the parties must contact the presiding Judge or Magistrate by telephone conference or in open court to discuss and narrow the issues.
No party shall file a motion to compel discovery or a motion for sanctions regarding alleged discovery violations until the parties have contacted the presiding Judge or Magistrate either by telephone conference or in open court to discuss and narrow the issues.
Page 35 | Motion to Compel/Discovery Sanctions
Adjournment & Extension Requirements
A continuance requires a written motion and good cause, ordinarily filed at least seven days before trial or hearing; the deadline may be waived for an unforeseen emergency, the moving party must state whether the other side has no objection, and consent does not ensure a continuance. A conflicting trial notice must be attached when that is the asserted reason.
No case assigned for trial or hearing may be continued except upon written motion and for good cause shown. Such motion shall be filed with the Court not less than seven (7) days prior to the date of the trial or hearing. In the case of unforeseen emergency, this time requirement may be waived. The moving party shall indicate to the Court if opposing counsel/party has no objection to the continuance. Agreement of opposing counsel/party does not guarantee that a continuance will be granted. If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice MUST be attached to the notice. Failure to attach a copy of the conflicting hearing shall result in a denial of said motion to continue.
Page 8 | RULE NO. 1.11: CONTINUANCE OF TRIAL OR HEARING
A Court-ordered schedule may be amended only by order of the Court.
The schedule ordered by the Court may not be amended except by order of Court.
Page 35 | RULE NO. 3.04: DISCOVERY AND DISPOSITIVE MOTION PRACTICE
A continuance may not exceed eight days unless the plaintiff applies and the defendant consents, or the defendant applies and provides a court-approved bond meeting the stated conditions.
A continuance may be granted as provided in Ohio Revised Code § 1923.08 which reads: “No continuance in an action under this chapter shall be granted for a period longer than eight (8) days, unless the plaintiff applies for the continuance and the defendant consents to it, or unless the defendant applies for the continuance and gives a bond to the plaintiff, with good and sufficient surety, that is approved by the court and conditioned for the payment of rent that may accrue, if judgment is rendered against the defendant.”
Page 37 | C. Continuance
A continuance requires a written motion showing good cause, filed at least seven calendar days before trial or hearing; an attorney’s motion must include a proposed entry, but the deadline may be waived for an unforeseen emergency.
No case scheduled for trial, or hearing may be continued except on written motion and for good cause shown. Such motion shall be filed with the Court not less than seven (7) calendar days prior to the trial or hearing. In the event such continuance is filed by an attorney, a proposed entry MUST accompany the motion. In the case of unforeseen emergency, this time requirement may be waived.
Page 38 | RULE NO. 3.12: SMALL CLAIMS — B. Continuances
A defendant may request a reasonable initial-arraignment continuance by written motion or in court at arraignment; the court may deny it if there is no time waiver.
F. Request for Continuance: Defendant may request a reasonable continuance of initial arraignment by filing a written motion or defendant may appear in Court at arraignment to request a continuance. Supporting documentation shall be attached to any motions to continue the hearing date. The Court may deny the continuance if there is no time waiver.
Page 26 | F. Request for Continuance
Chambers Communication Rules
The first attorney listed is primary trial counsel and receives all communications from the Court.
The first attorney listed is the primary trial counsel and all communications from the Court will be sent to that attorney.
Page 7 | RULE NO. 1.06: APPEARANCE AND WITHDRAWAL OF COUNSEL
The Clerk may acknowledge receipt of a fax filing but is not required to do so.
6. The Clerk of Court may, but need not, acknowledge receipt of the facsimile transmission.
Page 9 | RULE NO. 1.13: FACSIMILE FILINGS
The sending party bears the risks of fax transmission and is urged to verify that the Clerk received the filing.
The risks of transmitting a document by facsimile 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 by the Clerk of Court.
Page 10 | RULE NO. 1.13: FACSIMILE FILINGS
The Clerk need not notify the sender of a failed fax filing, but may inform the sender if practicable.
The Clerk of Court may, but 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 10 | RULE NO. 1.13: FACSIMILE FILINGS — E. Failed Fax Submission
The Clerk will email the e-filer if a submission is rejected.
The Clerk will notify the e-filer by email if the e-filer’s submission has been rejected.
Page 16 | Filing Date and Time of E-Filed Documents
If you need auxiliary aides or services or other reasonable accommodations, please contact the jury administrator in advance at 330-343-6797, ext. 237.
If you need auxiliary aides or services or other reasonable accommodations, please contact the jury administrator in advance at 330-343-6797, ext. 237.
Page 49 | ATTACHMENT A – JURY COVER LETTER TEXT
Contact the Court the night before each scheduled trial date after 4:30 p.m. by dialing 330-343-6797, then press number 3. The Court’s pre-recorded jury message will inform you whether you must report. You may also check the jury status on the Court’s website. Select “Jury Trial Status” to confirm whether you must report.
Contact the Court the night before each scheduled trial date after 4:30 p.m. by dialing 330-343-6797, then press number 3. The Court’s pre-recorded jury message will inform you whether you must report. You may also check the jury status on the Court’s website. Select “Jury Trial Status” to confirm whether you must report.
Page 50 | ATTACHMENT B – JURY SUMMONS TEXT
The Clerk will email the e-filer when a submission is successful.
The Clerk will notify the e-filer by e-mail of the successful submission.
Page 16 | Filing Date and Time of E-Filed Documents
Requests for copies of court proceeding recordings must be directed to the Clerk of Court.
All requests for copies of the electronic recording of any court proceeding shall be directed to the Clerk of Court
Page 22 | Rule No. 1.17(C): Copy of Record of Proceeding
The Public Defender may arrange with the Bailiff to appear by video.
The Public Defender may make arrangements with the Bailiff to appear by video.
Page 27 | D. Public Defender’s Duties
The State may arrange with the Bailiff to appear by video.
The State may make arrangements with the Bailiff to appear by video.
Page 27 | C. Prosecutor’s Duties
Questions about electronic media evidence compatibility should be directed to the Chief Bailiff.
Any questions should be directed to the Chief Bailiff.
Page 28 | RULE NO. 2.05: JURY PRACTICE IN TRAFFIC/CRIMINAL CASES
Counsel may pick up juror questionnaires at the Clerk’s Office or request faxed or emailed copies by noon on the business day before trial, and should contact the Judge’s Administrative Assistant.
F. Counsel may pick up copies of Jurors’ Questionnaires at the Clerk’s Office on the business day before trial. Questionnaires may be faxed or emailed to counsel upon request received by noon on the business day before trial. Please contact the Judge’s Administrative Assistant.
Page 29 | Chapter 2 – Criminal/Traffic Case Management
Jurors calling from a rotary dial phone should use the alternate Court number.
If you are calling from a rotary dial phone, dial 330-343-6535.
Page 50 | ATTACHMENT B – JURY SUMMONS TEXT