Niles Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance request for a trial or hearing must be made by written motion stating the reason; counsel’s request must also be signed and approved by the represented party.
- When counsel has a conflicting trial assignment on the same date, the case first set for trial has priority and must be tried on its assigned date.
- Criminal cases assigned for trial take priority over civil cases assigned for trial.
- +3 more
Request must include
Document Format Requirements9 rules
Documents, including attachments and exhibits, must be submitted in PDF or DOC formats.
The correct format for an attorney signature is as follows: • /Attorney Name/ • Attorney’s name (typed) • Ohio Supreme Court number • Attorney for (Plaintiff/Defendant) • Address • Telephone Number • Facsimile Number • Email Address
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
(2) All participants must be able to see, hear, or otherwise observe any documents, physical evidence, or exhibits presented during the proceedings, either by video, facsimile, or other medium.
(3) The equipment or platform must be able to be used by people with disabilities to accommodate their disabilities under the Americans with Disabilities Act.
(1) All participants must have the ability to hear and communicate with each other simultaneously.
(4) The use of a video-conferencing platform used to conduct the conference, hearing, or proceeding shall in no way abridge any right of the public.
for each electronic document filed, the filer shall submit a cover page in the format available from the Clerk.
- Cover page
Formatting
- •The cover page must be in the format available from the Clerk
The signature of the judge, clerk, deputy clerk, or bailiff shall consist of a scanned version of the person’s original signature.
Document Filing Requirements14 rules
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party is whose favor an order or judgment is rendered shall prepare a journal entry.
The journal entry shall state which party will pay the court costs.
all electronically filed pleadings must be signed by an attorney admitted to practice in the state of Ohio;
An electronic filer need not submit a hard copy but must retain the source document and produce it on request through final disposition and any appeal or appeal period.
Court's wording
The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records and have available for production upon request by the Court, the Clerk of Court, or other counsel, the source document of any document electronically filed. The filer must maintain this source document until the final disposition of the case and through any appeal or appeal period.
Upon receipt of a properly executed and signed User Agreement Form, the case management shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing documents.
for each electronic document filed, the filer shall submit a cover page in the format available from the Clerk.
If an original document requires a signature of a non-attorney, the filing party or the Clerk’s Office shall scan the original document and then electronically file it on the system.
If a telephone pretrial is held the results must also be reduced to writing
A small claim is commenced by filing a small claims petition, pursuant to Ohio Revised Code Section 1925.04, the form is attached as Appendix “E”.
Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.
All motions shall be in writing accompanied by written memorandum that specifies the arguments of counsel.
A moving party, at the time of filing a motion, may submit with that motion a proposed journal entry granting the motion and setting forth the relief requested.
No defendant is required to file an answer or statement of defense.
Filing & Service rules
Electronic Filing Rules
Beginning October 1, 2025, civil filings must be e-filed, except for the listed filing types and any hardship exemption the Judge permits.
Beginning October 1, 2025, all civil filings must be e- filed with the exception of trusteeships, garnishments and rental escrow. Hardship exemptions will be permitted at the discretion of the Judge.
Page 3 | Electronic Filing Authority
A filer must preregister for web portal access by creating an account through the case-management-system link.
Pre-registration for web portal access is required and is available by creating an account accessed by a link to our case management system.
Page 3 | Electronic Filing Authority
An attorney may authorize only an employee to electronically file on the attorney’s behalf.
no attorney shall authorize any person to electronically file on that attorney’s behalf, other than his or her employee;
Page 3 | Accepted filings
No person may use, or allow another person to use, someone else’s password for electronic filing.
no person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 4 | Accepted filings
A complaint exceeding 50 pages, including attachments and exhibits, may not be e-filed and must instead be submitted in enough hard copies for the Clerk to serve all parties.
A complaint consisting of more than fifty (50) pages in length including attachments and exhibits shall not be accepted for electronic filing but must be submitted in hard copy in sufficient number for the clerk to serve a copy on all parties.
Page 4 | Document format and length
Third-party electronic filing providers may not be used.
NOTE: third party electronic filing providers are not acceptable;
Page 4 | Account assignment
A party seeking to file an unredacted document under seal must electronically file a motion to seal.
The party seeking to file an un-redacted document shall electronically file a motion to file the document under seal.
Page 5 | Privacy
A filer unable to file electronically because of a technical failure must file a hard copy with the Clerk of Court.
A filer who cannot file a document electronically because of technical failure must file a hard copy of the document with the Clerk of Court.
Page 5 | Technical Failure
After an electronic filing is accepted and becomes part of the docket, only the Clerk of Courts may correct the docket; the filing party cannot change the document or docket entry through the system.
Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk of Courts. The system does not permit a filing party to make changes to a document or docket entry once the transaction has been accepted.
Page 5 | Correction of Docket Entries/Documents Filed in Error
The Clerk of Court may deny a party, firm, or agency access to e-filing for habitual nonconformance with the rules or uncorrected equipment incompatibility.
The Clerk of Court reserves the right to deny any party, firm, or agency the use of e-filing because of habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected.
Page 6 | Nonconformance
Criminal and traffic filings may be submitted through the Court’s web portal.
criminal and traffic filings may, be transmitted to the Court via the Court’s web portal.
Page 3 | Electronic Filing Authority
Complaints, pleadings, and other documents may be filed electronically with the Clerk, subject to the rule’s provisions.
Subject to the provisions of this rule, complaints, pleadings, and other documents may be filed with the Clerk of Court electronically via the Internet.
Page 3 | Electronic Filing Policy
A person who files electronically is not required to file a hard copy with the Clerk.
The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records and have available for production upon request by the Court, the Clerk of Court, or other counsel, the source document of any document electronically filed.
Page 4 | Disposition and Maintenance of Source Documents
The Court permits the use and filing of tickets produced by computer or other electronic means.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Niles Municipal Court.
Page 8 | Electronic submission of traffic citations FCMC Loc. R. 5.06 Use of electronically produced ticket
Filing Timing and Cure Windows
After notice of default following perfected service, counsel must submit an entry within fifteen days to avoid possible dismissal.
Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 1 | CLERICAL STEPS
Counsel must obtain service within six months of filing; after notice, the case may be dismissed in ten days unless good cause is shown.
If counsel fails to obtain service of summons within (6) months from the date the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in then (10) days unless good cause if shown to the contrary.
Page 1 | CLERICAL STEPS
If a promised settlement entry is not received within thirty days, the party has ten days after notice to submit it before dismissal.
When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 1 | CLERICAL STEPS
The journal entry must be submitted to the judge within fifteen days of the decision; afterward, the court will prepare it.
Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge, or, thereafter, the court will prepare the journal entry.
Page 2 | JUDICIAL STEPS — Judgment Entries
Prevailing counsel must submit an application for default judgment within fifteen days after notice of default or the case will be dismissed for want of prosecution.
Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.
Page 2 | JUDICIAL STEPS — Judgment Entries
The journal entry must be submitted to opposing counsel within five days of the decision.
That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 2 | JUDICIAL STEPS — Judgment Entries
Opposing counsel must approve or reject the journal entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 2 | JUDICIAL STEPS — Judgment Entries
A settlement may avoid trial without an immediate entry, but the entry must be filed within thirty days or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days, or the case will be dismissed for want of prosecution.
Page 2 | JUDICIAL STEPS — Judgment Entries
A motion’s effective filing date is the date it is received and uploaded as shown by the date stamp, subject to the Clerk’s regular business days and hours for receiving electronic transmissions.
“Effective Date of Filing a Motion” – means the date the electronic filing was received and uploaded to the Court as noted on the date stamp on the submitted document. However, the office of the clerk of courts will be deemed open to receive electronic transmission of documents only on the same days and at the same time the court is regularly open for business.
Page 3 | Definitions
A new complaint’s effective filing date is the date it is received and uploaded as shown by the date stamp, subject to the Clerk’s regular business days and hours for receiving electronic transmissions.
“Effective Date of Filing of a New Complaint” – means the date the electronic filing was received and uploaded to the Court as noted on the date stamp on the submitted document. However, the office of the clerk of courts will be deemed open to receive electronic transmission of documents only on the same days and at the same time the court is regularly open for business.
Page 3 | Definitions
An attorney challenging the authenticity of an electronically filed document or its signature must file an objection within ten days after receiving the notice of electronic filing.
Any attorney challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.
Page 5 | Electronic Filing Authority
After service is perfected, counsel must submit an entry within fifteen days to avoid possible dismissal of the case.
Upon perfection of service, the clerk shall notify counsel of said default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 6 | CASE MANAGEMENT IN SPECIAL PROCEEDINGS — CLERICAL STEPS
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
All motions must be filed within the time limits established the Ohio Rules of Criminal Procedure.
Page 8 | LOCAL RULES OF COURT: m.c. Sup. R. 18 Criminal Cases
A filing party whose filing is untimely because of a technical failure of the Court’s system or website may seek appropriate relief from the Court.
A filing party whose filing is made untimely as a result of a technical failure of the Court’s system or site may seek appropriate relief from the Court.
Page 5 | Technical Failure
If an entry is not received within thirty days after a file is marked “settlement to come,” the clerk will notify the party that the case will be dismissed unless the entry is received within ten days.
When a file has been marked “settlement to come” and the entry has not been received within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within then (10) days.
Page 6 | CASE MANAGEMENT IN SPECIAL PROCEEDINGS — CLERICAL STEPS
If no action is taken on a file for six months and the case is not set for trial, the clerk will notify the party that the matter will be dismissed within one week unless good cause is shown.
If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause it shown.
Page 6 | CASE MANAGEMENT IN SPECIAL PROCEEDINGS — CLERICAL STEPS
A settlement entry may be filed at any time.
Entries of settlement may be filed at any time.
Page 2 | JUDICIAL STEPS — Judgment Entries
The Clerk of Court may deem the website to have a technical failure if it cannot accept filings, continuously or intermittently, for a period greater than one hour after 10:00 a.m. that day.
The Clerk of Court may deem the Internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10:00 a.m. on that day.
Page 5 | Technical Failure
Service and Proof of Service Rules
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 1 | CLERICAL STEPS
The assignment commissioner must notify counsel of record of a pretrial conference by mail and/or telephone at least fourteen days beforehand.
Notice of pretrial conference shall be given to all counsel of record by mail and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 2 | JUDICIAL STEPS — Pretrials
For a complaint over 50 pages, the filer must provide enough hard copies for the Clerk to serve every party.
A complaint consisting of more than fifty (50) pages in length including attachments and exhibits shall not be accepted for electronic filing but must be submitted in hard copy in sufficient number for the clerk to serve a copy on all parties.
Page 4 | Document format and length
Service and filing of pleadings and other papers after the original complaint must follow this Rule and Civil Rule 5.
Otherwise, service and filing of pleadings and other papers subsequent to the original complaint shall be in accordance with the provisions of this Rule and Civil Rule 5.
Page 4 | Document format and length
Documents filed electronically with the Clerk must be served in accordance with Civil Rule 5.
Documents filed electronically with the Clerk of Court shall be served in accordance with Civil Rule 5.
Page 4 | Service of Documents
After entering an appearance, a party must provide an email address, and service thereafter must be electronic where possible.
Once a party has entered an appearance in a case, the party shall furnish his or her email address, and service thereafter shall be made electronically, where possible.
Page 4 | Service of Documents
In a new case, counsel must obtain service of summons within six months; otherwise, the clerk will notify counsel that the case will be dismissed in ten days unless good cause is shown.
CLERICAL STEPS: In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 6 | CASE MANAGEMENT IN SPECIAL PROCEEDINGS — CLERICAL STEPS
When an electronically produced ticket is issued at the scene, the officer must provide the defendant with a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 8 | Electronic submission of traffic citations FCMC Loc. R. 5.06 Use of electronically produced ticket
Filing Fees and Waivers
Normal filing fees apply, and case payments are collected by user credit card when the filing is processed.
The Clerk of Court shall assess normal filing fees and case payments will be collected via user credit card at the time the filing is processed.
Page 4 | Fees
The required filing costs must be paid before a small claim can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
Page 7 | SMALL CLAIMS COURT
A credit-card surcharge may be assessed in an amount determined by the credit-card agreement with the Court.
Pursuant to R.C. § 301.28(E) and (F), a surcharge for credit card use may be assessed in an amount to be determined by the terms of the credit card agreement with the court.
Page 4 | Fees
The Court does not maintain electronic billing or debit accounts for attorneys or law firms.
The Court shall not maintain electronic billing or debit accounts for attorneys or law firms.
Page 4 | Fees
Sealing & Redaction Procedures
With the Court’s permission, a party may file a document containing unredacted listed personal identifiers under seal by electronically filing a motion to seal; the Court may require a redacted public copy.
With permission of the Court, a party may file, under seal, a document containing the unredacted personal identifiers listed above. The party seeking to file an un-redacted document shall electronically file a motion to file the document under seal. In granting the motion, the Court may require the party to file a redacted copy for the public record.
Page 5 | Privacy
Filing parties must omit the listed personal, financial, identifying, juvenile, and proprietary or trade-secret information from filings, or partially redact it when inclusion is necessary, unless the assigned judge orders otherwise.
Privacy. Filing parties shall omit, or where inclusion is necessary, partially redact the following data from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers • Financial account numbers, including but not limited to debit card, and credit card numbers • Employer and Employee identification numbers • A juvenile’s name, except for the juvenile’s initials or a generic abbreviation • Proprietary or trade secret information.
Page 5 | Privacy
Pre-Motion Conference Requirements
Opposing counsel must respond in like manner within fourteen days; motions are then submitted unless the court extends the time, and an oral hearing is granted only if requested in writing and deemed necessary by the court.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the court. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.
Page 1 | JUDICIAL STEPS — Motions
All motions are set for oral hearing; an oral motion filed after arraignment but before the scheduled trial or pretrial is heard on that date, and otherwise the Court sets a hearing date.
All motions shall be set for oral hearing. If the motion is filed after arraignment buy prior to the trial or pretrial date set by the Court, the oral motion shall be heard on the date upon which the case has been set. Otherwise, the case shall be set for hearing on the motion by the Court.
Page 8 | LOCAL RULES OF COURT: m.c. Sup. R. 18 Criminal Cases
Adjournment & Extension Requirements
When counsel has a conflicting trial assignment on the same date, the case first set for trial has priority and must be tried on its assigned date.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.
Page 2 | Continuances
Criminal cases assigned for trial take priority over civil cases assigned for trial.
Criminal cases assigned for trial have priority over civil cases assigned for trial.
Page 2 | Continuances
Counsel requesting a continuance because of a conflict with a previously assigned case in another court must attach a copy of that assignment to the written request.
If a continuance is requested due to conflict with a previously assigned case in another Court, counsel must attach a copy of said assignment with the written request submitted.
Page 2 | Continuances
A continuance request for a trial or hearing must be made by written motion stating the reason; counsel’s request must also be signed and approved by the represented party.
No party shall be granted a continuance of a trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance. All requests for continuance filed by counsel must be signed and approved by the party represented.
Page 2 | Continuances
The trial court has discretion to grant any other request to continue a scheduled trial.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 2 | Continuances
When scheduling conflicts exist, the Court’s policy is not to continue pretrial hearings.
In cases where scheduling conflicts exist it shall be the policy of the Court not to continue pretrial hearings.
Page 7 | LOCAL RULES OF COURT: m.c. Sup. R. 18 Criminal Cases
Chambers Communication Rules
Attorneys must notify the Court by 1:30 P.M. on the day preceding trial of a plea change and withdrawal of a jury demand, or jury costs will be assessed.
All attorneys shall notify the Court by 1:30 P.M. of the day proceeding their trial of any change of plea and withdraw of their jury demand, or jury costs shall be assessed.
Page 8 | LOCAL RULES OF COURT: m.c. Sup. R. 18 Criminal Cases
If a document has been filed in error, the filing party should not attempt to re-file the document. As soon as possible after the error has been discovered, the filing party should contact the Clerk of Court with the case number and document number for which the correction is being requested.
If a document has been filed in error, the filing party should not attempt to re-file the document. As soon as possible after the error has been discovered, the filing party should contact the Clerk of Court with the case number and document number for which the correction is being requested.
Page 6 | Correction of Docket Entries/Documents Filed in Error