Ottawa County 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; civil requests are due at least seven business days before trial or hearing, while criminal/traffic requests are due at least two business days beforehand, unless an unforeseen emergency warrants waiver of the timing requirement.
- A continuance requires a written motion showing good cause, filed at least seven calendar days before the event, although the timing requirement may be waived for an unforeseen emergency.
Communication
Phone
Page & Word Limits1 rule
J. LENGTH OF DOCUMENT - Facsimile or email filings shall not exceed 10 pages in length.
- Facsimile or email filing
- Up to 10 pages
Document Format Requirements3 rules
All motions shall be in writing and timely filed and served on all appropriate parties in accordance with Ohio Rules and Statutes.
A signed fax or email filing must use either a copy of the signed document or an unsigned copy marked “s/” with the signer's name, and filing represents that the physical original is possessed or controlled by the filer.
Court's wording
A party who wishes to file a signed source document by fax or email shall either: a. Fax or email a copy of the signed source document; or b. Fax or email a copy of the document without the signature but with the notation "s/" followed by the name of the signing person where the signature appears in the signed source document. 2. A party who files a signed document by fax or email represents that the physically signed source document is in his/her possession or control.
All motions must be in writing, on 8 1/2 × 11 paper and served on opposing counsel / pro se litigant.
- Paper size
- Letter
- Motion
Formatting
- •Motions must be in writing
Document Filing Requirements43 rules
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than two (2) hours prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
After appearing, an attorney may withdraw only with court leave by 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. Withdrawal shall be permitted only by 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.
An attorney must submit any address change for assignment notices in writing to the Clerk of Court.
Court's wording
It is the sole responsibility of attorney to provide any change of address for which assignment notices are sent. Any change of attorney address must be submitted in writing to the Clerk of Court at Ottawa County Municipal Court.
An attorney seeking appointment must submit a written application to the Judge with the specified identifying and good-standing information.
Court's wording
A. APPLICATION: The attorney must submit a written application to the Judge. Said application must include the attorney's name, email address, business address, Ohio Attorney Registration Number, and whether the attorney is in good standing with the Ohio Supreme Court.
In addition, any filings with this Court must have counsel's current contact information reflected on all documents.
A pro hac vice permission motion must be written, include the specified registration certificate and certifications, and be cosigned by an Ohio-admitted, registered attorney.
Court's wording
The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.
Attorneys, except pro se litigants, must identify themselves as trial counsel and include their signature, specified contact information, and Ohio Supreme Court registration number on court filings.
Court's wording
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. All such documents shall bear, in addition to the signature of trial counsel, counsel s name, email address, office address and zip code, office telephone number, as well as the number of counsel's Ohio Supreme Court Certificate of Registration, as provided by Ohio Gov. Bar R. VI, § 4.
After pro hac vice permission is granted, the applicant must file the notice and permission order with the Ohio Supreme Court's Office of Attorney Services within 30 days.
Court's wording
If the judge or magistrate grants the applicant's motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.
If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice must be attached to the notice.
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 either by separate instrument or by prominent endorsement in the caption of a pleading.
- Document
- Jury demand
- Placement
- Caption
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.
A fax filing must include a cover page with the listed court, filer, case, document, transmission, page-count, and applicable cost information.
- Document
- Fax filing
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
The person filing a document by fax shall also include a cover page containing all of the following information: a. name of the court b. name, title, telephone number, fax number, and e-mail address of person filing the fax document; c. title of the case; d. case number; e. title of the document being filed (e.g., Defendant Johns' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss); f. name of the judge; g. date of fax transmission; h. indication of the number of pages included in the transmission, including the cover page; i. if applicable, a statement explaining how costs are being submitted
Each exhibit to a facsimile or email produced document that cannot be accurately transmitted via facsimile transmission or email for any reason must be replaced by an insert page describing the exhibit and why it is missing.
A separately filed missing exhibit must have a cover sheet with the specified case and exhibit information and must be signed and served under the rules for pleadings.
- Document
- Exhibit filing
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, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff's Notice of Filing Exhibit 'G' to Plaintiff's Response to Defendant's Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
All requests for a copy of a recording of court proceedings require an unopened thumb drive or email address be submitted along with the request.
A Notice of Scheduled Mediation must state at least the mediation's date, time, place, and contact information.
Court's wording
The court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by "Notice of Scheduled Mediation" which shall, at a minimum, indicate the date, time, place and contact information of the mediation.
At the conclusion of mediation, the court must be informed whether mediation occurred or was terminated, the settlement outcome, party attendance, and any future sessions with their dates and times.
Court's wording
10. Mediator Report - At the conclusion of the mediation and in compliance with R.C. § 2710.06, the court shall be informed of the status of the mediation including all of the following: a. Whether the mediation occurred or was terminated; b. Whether a settlement was reached on some, all or none of the issues; c. Attendance of the parties; d. Future mediation session(s), including date and time; e. [Insert any additional applicable provision(s) that are consistent with R.C. § 2710].
A not-guilty plea letter must include the specified identifying information, plea, requests, and speedy-trial and jury-trial elections; the stated waiver defaults apply if those rights are not addressed.
Court's wording
The letter shall include defendant's name, email address, address and zip code as well as case number(s). The letter shall include a "not guilty" plea, waiver of arraignment, request for trial, demand or waive the defendant's right to a speedy trial, demand or waive the defendant's right to a jury trial if the offense is one that provides a right to a jury trial and indicate if the defendant is willing to have his case heard by a magistrate. If right to a speedy trial is not addressed, the court will presume that a right to speedy trial is not waived and schedule accordingly. If right to a jury trial is not addressed, that right is waived pursuant to Ohio Rule of Criminal Procedure 23.
The Clerk of Ottawa County Municipal Court shall require the filing of a written complaint or uniform traffic ticket before placing an individual's name on the traffic / criminal docket.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket. If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
All motions must be accompanied by a written memorandum containing argument and citations.
Joinder, consolidation, and separation motions must be addressed to the judge and supplied in enough copies for each affected file; noncompliant partial filings will be stricken.
Court's wording
Motions for joinder, consolidation and separation of civil cases shall be addressed to the judge. The clerk of court shall be provided with a sufficient number of copies of any motion filed in accordance with this rule to include a copy in each file affected by the motion. Failure to comply with this provision will result in such partial filing being stricken.
The court shall prepare judgment entries. 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.
the trial date shall be set forth in the summons.
For cases based on an account, the account statement must be submitted, along with proof by affidavit or testimony that no subsequent payments have been made on the account.
Proof of damages must be submitted to the court by affidavit or testimony.
A jury demand shall not be allowed in a case filed in the Small Claims Division unless accompanied by a proper and timely motion to transfer to the regular docket.
Unless good cause is shown, a motion to transfer to the regular docket shall accompany all timely, written counterclaims and crossclaims in excess of $3,000.00 (or the jurisdictional limit) and shall be transferred to the regular docket.
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.
All requests for excusal, exemption or deferral must be made on the appropriate form described in Rule 4, and attached as an Appendix to this Rule. (Attachment C).
WITHIN TWO (2) WEEKS, COMPLETE AND RETURN THE ENCLOSED CARD AND QUESTIONNAIRE.
To overcome the presumption of recognizance, the officer or prosecutor must provide the Court with information relevant to Criminal Rule 46 and R.C. 2937.222, including the listed categories.
Court's wording
In order to overcome the presumption of recognizance, the law enforcement officer/prosecutor shall provide the Court with information relevant to Criminal Rule 46 and R.C. 2937.222, including: 1) Records of criminal convictions for any: a. Offenses of violence as defined by R.C. 2901.01; b. Criminal cases within the past five (5) years other than minor misdemeanors; and c. Major traffic offenses as defined by Traffic Rule 13(B). 2) If the defendant is on community control supervision/probation, parole, or post release control; 3) The nature and circumstances of the offense charged; 4) Active warrants; 5) Pending protection orders against the defendant; 6) Known medical, mental health, or substance abuse issues; 7) Booking screening information, if arrested; 8) Known occupation or source of income/support; and 9) Any other information requested by the Judge/Magistrate or presented by the law enforcement officer/prosecutor based on the circumstances of the case.
Parties seeking a recording of a hearing or case must provide a request for an audio copy of a hearing.
The court docket must include party and counsel information, service history, filing descriptions and dates, proceeding schedules, enforcement actions, and applicable clerk activity.
Court's wording
The docket must include the following information: (1) Full names and addresses of all parties (Sup.R. 26.02 (C), 26.03); (2) Names, addresses, and Supreme Court attorney registration numbers of all counsel (Sup.R. 26.02 (C), 26.03); (3) The issuance of documents for service upon a party and the return of service or lack of return (Sup.R. 26.02(C), 26.03); (4) A brief description of all records and orders filed in the proceeding, the date and time filed, and a cross reference to other records as appropriate (Sup.R. 26.02 (C), 26.03); (5) A schedule of court proceedings for the court and its officers to use for case management purposes (Sup.R. 26.02(C), 26.03); (6) All actions taken by the court to enforce orders or judgments. (Sup.R. 26.02 (C), 26.03); (7) Any information necessary to document the activity of the clerk of the division regarding the case (applicable to all courts, except appellate, municipal, and county courts) (Sup.R. 26.03).
application shall also include any special areas of expertise, such as language fluency or mental health law specialization.
Attorneys may submit a Mediation Case Summary voluntarily, but must submit one if required in a specific case; it must include the applicable listed case information.
Court's wording
8. Mediation Case Summary - Attorneys may, at their option, or must if required on a specific case by the judge and / or magistrate, submit a "Mediation Case Summary" to the mediator which shall contain the following (insert applicable provisions, such as): a. Summary or material facts. b. Summary of legal issues. c. Status of discovery d. List special damages and summarize injuries or damages. e. Settlement attempts to date, including demands and offers.
The form shall indicate that a jury summons may issue in the ensuing year for service as a prospective juror (Attachment A).
The Summons shall include the following information: the date and time of service, address of the court, and how the recipient may check reporting status by phone or computer.
The Summons shall also indicate that written forms for seeking disqualification, exception or deferral are available from the court at the clerk's office or on the court's website at www.ocmcourt.com.
I hereby affirm that the above information is true and correct. Signature Date
(Please enclose a statement from your doctor.)
Please complete this form and return it to the Court.
Filing & Service rules
Electronic Filing Rules
Fax and email filings are accepted as originals, but the filer must retain the source document and cover sheet and produce them on request through the end of the case and post-judgment relief opportunities.
A document filed by fax or email shall be accepted as the effective original filing. The person making a fax or email filing need not file any source document with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
Page 15 | B. ORIGINAL FILINGS
Email filings must be sent through the Court's email system to clerk@ocmcourt.com.
An "email transmission" means the transmission of a source document through the Court's email system to a specified email address. The "email address" to be used for filing submissions is clerk@ocmcourt.com.
Page 15 | B. DEFINITIONS
The Clerk accepts electronic filings by email and fax, with a dedicated email address and inbox for filings sent by email.
The Clerk of Court accepts filings electronically by email and fax in accordance with Local Rule .. A dedicated email address and inbox have been established for the acceptance of electronic filing.
Page 58 | Filing
Fax and email are identified as filing channels.
Anyone using facsimile filing or email filing is urged to verify receipt of such filing by the clerk of court.
Page 17
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 a computer or other electronic means is hereby authorized in the Ottawa County Municipal Court.
Page 24 | Rule 2.5 Use of Electronically Produced Ticket (eTICKETING)
Filing Timing and Cure Windows
A courtroom recording or broadcast request is due no later than two hours before the session, unless the trial judge permits otherwise.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than two (2) hours prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
Page 11 | RULE 1.3 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 12 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
The applicant must file the pro hac vice notice and permission order within 30 days after permission is granted.
If the judge or magistrate grants the applicant's motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.
Page 12 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
A jury demand must be filed within the timeframe provided by the applicable rule.
The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Page 14 | RULE 1.12 JURY DEMAND
An accepted fax or email filing is filed as of the clerk's receipt timestamp, not its transmission time; filings received after closing are deemed filed when the clerk's office opens the next business day.
Subject to the provisions of these rules, all documents sent by fax or email 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 or email transmission. The office of the clerk of court will be deemed open to receive facsimile or email transmission of documents on the same days and at the same time the court is regularly open for business. Therefore, a fax or email filing received after the court closes on a given business day will be deemed filed with the clerk of court as of the opening of the next business day. On a fax or email filing, at least one page of any document received by the clerk will be imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time the filing was received, provided the document is deemed accepted by the clerk.
Page 16 | H. TIME OF FILING
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax or email filing, or the court may strike the document or exhibit.
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 or email document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 16 | G. EXHIBITS
Documents will not be filed if costs and fees are unpaid, charge authorization or request information is incomplete, or the documents do not comply with applicable rules.
Documents tendered to the clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.
Page 17 | 1. FEES AND COSTS
When default judgment is available, the motion must be filed within 90 days after the plaintiff receives notice of the default; failure to file results in dismissal for want of prosecution.
In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, the motion for default judgment must be filed within 90 days from the time that plaintiff has notice of such default. Failure to file a motion for default shall result in dismissal of the complaint for want of prosecution.
Page 26 | Civil / Small Claims Management; Rule No. 3.6 Default Judgments
When a judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to purchase a writ.
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 Purchase a Writ and serve a copy of the motion on the defendant(s).
Page 27 | Writs
The costs and deposit requirements must be met within 14 days of entry of the venue-change order or the action may be dismissed.
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 28 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS, A. COURT AS TRANSFEROR
A motion to transfer without a counterclaim or crossclaim exceeding $3,000 must be filed seven days before trial; transfer to the regular docket may occur.
A motion to transfer (without a counterclaim or crossclaim in excess of $3,000.00) must be filed seven days before trial and may be transferred to the regular docket.
Page 28 | RULE NO. 3.10 SMALL CLAIMS, C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
The certification requirements must be met within 30 days after filing the qualifying pleading or the case may be dismissed.
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 28 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS, C. CERTIFICATION TO COMMON PLEAS COURT
The required cost deposit must be made within 14 days after receipt of the file or it may be returned 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 28 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS, B. COURT AS TRANSFEREE
After transfer, the defending party has 28 days from judicial assignment to move or plead.
After transfer, the defending party shall have 28 days from judicial assignment, to move or plead.
Page 28 | RULE NO. 3.10 SMALL CLAIMS, C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
A party may file a complete set of jury instructions and a trial brief seven full days before trial.
Each party may file, seven (7) full days in advance of trial, a complete set of instructions suitable for charging the jury in the captioned matter. Parties may file a trial brief seven (7) full days in advance of trial.
Page 14 | RULE 1.12 JURY DEMAND
If a fax is missing 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.
If a document is sent by fax to the clerk without the cover page information listed above, the clerk may do either of the following: a. enter the document in the case docket and file the document; b. deposit the document in a file of failed faxed documents with a notation of the reason for the failure (omission of cover page). The document shall not be considered filed with the clerk.
Page 15 | D. FAX COVER PAGE
A defendant may enter a not-guilty plea by letter before the scheduled arraignment.
B. Not Guilty Plea by letter: A defendant may enter a plea of not guilty by letter prior to defendant's scheduled arraignment.
Page 23 | Rule No. 2.2 Arraignment
Service and Proof of Service Rules
After counsel appears, court documents and trial assignments must be served on designated counsel at the address provided to the court.
Upon the entry of appearance of counsel, all journal entries, court documents, court orders and trial assignments shall be served upon the designated counsel at the address that the attorney provides Ottawa County Municipal Court.
Page 12 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
Motions must be served on all appropriate parties in accordance with Ohio rules and statutes.
All motions shall be in writing and timely filed and served on all appropriate parties in accordance with Ohio Rules and Statutes.
Page 14 | RULE 1.11 MOTIONS
A separately filed missing exhibit 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, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff's Notice of Filing Exhibit 'G' to Plaintiff's Response to Defendant's 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 16 | G. EXHIBITS
Filers must not transmit service copies by fax or email.
K. SERVICE COPIES - The filer shall not transmit service copies by facsimile or email.
Page 17 | K. SERVICE COPIES
The clerk must accept service-of-process methods outlined in Civil Rule 4.1.
The Clerk of the Ottawa County Municipal Court shall accept service of process methods as outlined in Civil Rule 4.1.
Page 17 | RULE 1.16 SERVICE OF PROCESS
Motions must be served on opposing counsel or the self-represented litigant.
All motions must be in writing, on 8 1/2 × 11 paper and served on opposing counsel / pro se litigant.
Page 25 | Civil / Small Claims Management; Rule No. 3.3 Pleadings and Motions
Summonses must be served in accordance with the Ohio Rules of Civil Procedure.
The summons shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 25 | Civil / Small Claims Management; Rule No. 3.1(B) Summons
Service of the summons and complaint must be obtained within six months after filing; absent good cause, the action will be dismissed without prejudice as to the unserved defendant.
If counsel/pro se litigant fails to obtain service of the summons and complaint within 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 25 | Civil / Small Claims Management; Rule No. 3.1(B) Summons
The defendant must be served at least seven days before the trial date.
Defendant shall be served at least seven (7) days prior to the date set for trial.
Page 26 | Civil / Small Claims Management; Rule No. 3.7(B) Trial
The plaintiff must serve the motion for leave to purchase a writ on the defendants.
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 Purchase a Writ and serve a copy of the motion on the defendant(s).
Page 27 | Writs
Filing Fees and Waivers
A party demanding a jury in a civil case must pay the Jury Demand Civil Cost when making the demand; the cost requirement may be waived upon proof of indigency and judicial approval.
The party demanding the jury in a civil case shall pay the Jury Demand Civil Cost at the time the demand is made
Page 14 | RULE 1.12 JURY DEMAND
A party demanding a jury in a civil case must pay the Jury Deposit Civil Cost by noon on the day before trial; the cost requirement may be waived upon proof of indigency and judicial approval.
The party demanding the jury in a civil case shall pay the Jury Deposit Civil Cost no later than noon on the date prior to the trial.
Page 14 | RULE 1.12 JURY DEMAND
A faxed or emailed document requiring a filing fee will not be accepted until the court costs and fees are paid.
No document filed by facsimile or email that requires a filing fee at the time of filing shall be accepted by the clerk for filing until court cost and fees have been paid.
Page 17 | 1. FEES AND COSTS
Filing requires the specified security costs unless the court orders otherwise or the law provides an exemption; a person unable to pay may seek an excuse by affidavit subject to the assigned judge's approval.
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 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 assigned to the case.
Page 25 | Civil / Small Claims Management; Rule No. 3.1(A) Costs
The motion to certify must include a check or money order payable to the Court of Common Pleas for at least the required 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 28 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS, C. CERTIFICATION TO COMMON PLEAS COURT
A transferred case will not be filed or docketed until a sum sufficient to secure costs has been deposited.
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 28 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS, B. COURT AS TRANSFEREE
Before a venue-transfer case is transferred, all costs must be paid and a sufficient check payable to the transferee court must be deposited with the clerk.
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. It shall be the responsibility of the plaintiff's attorney to ascertain the filing cost in the transferee court.
Page 28 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS, A. COURT AS TRANSFEROR
Local Rule 29 must be followed, and all required fees and deposits must be paid.
comply with Local Rule 29 regarding jury demands and all required fees and deposits must have been paid.
Page 29 | Section 3 Civil / Small Claims Management
A jury demand fee set by the court’s most recent Administrative Journal Entry or Schedule of Court Costs is assessed in civil cases.
In civil cases, a jury demand fee in an amount indicated in the court's most recent Administrative Journal Entry/Schedule of Court Costs, shall be assessed.
Page 30 | RULE 1.19.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
The jury deposit fee must be receipted by the Clerk’s Office by noon one business day before trial.
One (1) business day prior to the trial date, the jury deposit fee must be receipted by the Clerk's Office by noon.
Page 30 | RULE 1.19.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
When a jury demand is made with a complaint or responsive pleading, the applicable jury demand fee must accompany that pleading.
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 said Administrative Entry shall accompany said pleading.
Page 30 | RULE 1.19.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
Civil jury deposit and demand fees must be paid to preserve the right to a jury trial; an indigent person may petition to waive the deposit, and no deposit is required in criminal or traffic cases.
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. (RRMC Local Rule 1.13(B)) 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 31 | Appendix A - Jury Management Plan
A forcible entry and detainer case with two defendants incurs a $75 fee for the additional defendant.
A. Two (2) Defendants $75.00 for the additional defendant.
Page 49 | Costs & Fees Schedule 2023
The fee for each forcible entry and detainer case is $265.
For each Forcible Entry & Detainer $265.00
Page 49 | Costs & Fees Schedule 2023
The fee for each trusteeship case is $140.
For each Trusteeship Case $140.00
Page 49 | Costs & Fees Schedule 2023
Cases with three or more defendants incur a $20 fee per defendant.
A. Three (3) or more Defendants $20.00 per Defendant
Page 49 | Costs & Fees Schedule 2023
A motion to appoint a process server costs $25.
Motion to Appoint Process Server $25.00
Page 49 | Costs & Fees Schedule 2023
Each additional certified-mail service costs $20 per defendant, deducted from the security deposit if available.
B. $20.00 for any additional certified mail service for each Defendant (to be deducted from Security Deposit, if available)
Page 49 | Costs & Fees Schedule 2023
The fee for each small claims case is $120.
For each Small Claims Case $120.00
Page 49 | Costs & Fees Schedule 2023
Each additional certified-mail service costs $20 per defendant, deducted from the security deposit if available.
C. $20.00 for any additional certified mail service for each Defendant (to be deducted from Security Deposit, if available)
Page 49 | Costs & Fees Schedule 2023
A forcible entry and detainer case with three or more defendants incurs an $85 fee for each additional defendant.
B. Three (3) or more Defendants $85.00 for each additional Defendant
Page 49 | Costs & Fees Schedule 2023
The fee for each civil case is $200.
For each Civil Case $200.00
Page 49 | Costs & Fees Schedule 2023
Transferring a small claims case to the Regular Division costs $75 plus the difference in the civil case filing fee.
C. Transfer to Regular Division - $75.00 plus filing fee difference in civil case filing
Page 49 | Costs & Fees Schedule 2023
A second cause of action costs $50.
Second Cause of Action $50.00
Page 49 | Costs & Fees Schedule 2023
Executions and writs of restitution cost $75 each plus mileage.
14. Executions and Writs of Restitution $75.00 each plus mileage (see 29S)
Page 50 | Costs & Fees Schedule 2023
Garnishments must include poundage of 2%.
Garnishments shall include a poundage of 2%
Page 50 | Costs & Fees Schedule 2023
A certificate of judgment for a lien or transfer costs $25.
12. Certificate of Judgment $25.00 (Lien or Transfer)
Page 50 | Costs & Fees Schedule 2023
Certified copies of pleadings, process, records, or files cost $3 per page.
10. Certified Copies of Pleadings, Process, Records or Files $3.00 (each page)
Page 50 | Costs & Fees Schedule 2023
A wage or bank garnishment proceeding in aid of execution costs $140.
16. Proceeding in Aid of Execution (Garnishments) Wage and Bank $140.00
Page 50 | Costs & Fees Schedule 2023
A small claims judgment debtor form costs $25.
6. Judgment Debtor Form - Small Claims $25.00
Page 50 | Costs & Fees Schedule 2023
An appraisal associated with publication costs an additional $150 per appraisal.
(Plus $150.00 per appraisal for appraisal fee)
Page 50 | Costs & Fees Schedule 2023
Cross-complaints and counterclaims cost $75 per defendant; the schedule also lists third-party complaints under this fee item.
3. Cross-Complaint, per Defendant $75.00 Counterclaim, per Defendant Third-party Complaint
Page 50 | Costs & Fees Schedule 2023
Publication under Rule 3(C) costs $400.
5. Publication (Rule 3 (C)) $400.00
Page 50 | Costs & Fees Schedule 2023
Jury security is $375 and is refundable if not consumed.
9. Security for Jury $375.00 (Refundable if not consumed)
Page 50 | Costs & Fees Schedule 2023
Computer printouts and regular copies cost $0.10 per page.
11. Computer Printouts and Regular Copies $0.10 (per page)
Page 50 | Costs & Fees Schedule 2023
The fee for each criminal case is $113.
For each Criminal Case $113.00
Page 50 | Costs & Fees Schedule 2023
A $1 check payable to the bank institution is required for garnishments.
$1.00 check payable to Bank Institution
Page 50 | Costs & Fees Schedule 2023
Issuing writs and subpoenas costs $10.
8. Issuance of Writs and Subpoenas $10.00
Page 50 | Costs & Fees Schedule 2023
A judgment transfer-in costs $50.
15. Judgment - Transfer In $50.00
Page 50 | Costs & Fees Schedule 2023
Adding creditors to a trusteeship costs $25.
A. Adding Creditors to a Trusteeship $25.00
Page 50 | Costs & Fees Schedule 2023
A small claims counterclaim costs $75.
2. Small Claims Counterclaim $75.00
Page 50 | Costs & Fees Schedule 2023
A telephone pre-trial costs $20, deducted from the security deposit if available.
13. Telephone Pre-Trial $20.00 (To be deducted from Security Deposit, if available)
Page 50 | Costs & Fees Schedule 2023
Amended pleadings and service performed by the Court cost $25.
4. Amended Pleadings and Service if Performed by the Court $25.00 (Local Rule 3 (1)(b))
Page 50 | Costs & Fees Schedule 2023
Each traffic moving violation carries a mandatory additional $10 state fee.
(Plus mandatory $10.00 State fee per traffic moving violation) $123.00
Page 50 | Costs & Fees Schedule 2023
Requested personal service other than writs costs $50 plus mileage.
7. Personal Service Requested Other Than Writs $50.00 plus mileage (see 29S)
Page 50 | Costs & Fees Schedule 2023
The Clerk must collect an additional $40 upon filing each listed complaint, citation, action, proceeding, or confession judgment, beginning January 1, 2023.
The Court FINDS that in order to carry out such programs pursuant to Ohio Revised Code Section 2303.201(E)(1), the Clerk shall add the sum of Forty dollars ($40.00) to the Court's schedule of fees and costs upon the filing of each criminal complaint, traffic citation, civil action or other proceeding, or judgment by confession, with the moneys to be paid to the Ottawa County Treasurer, who shall place such funds in a separate account for Records Retention, Storage and Future Capabilities of same and Security. It is ORDERED that the Ottawa County Municipal Court Clerk, commencing January 1, 2023, collect the additional court costs as hereinabove contained.
Page 56 | Ottawa County Municipal Order AO 19
Service and return of an execution involving a levy on real property costs $25 for the first tract and $10 for each additional tract.
B. For the Service and Return of an Execution When Levy is Made On $25.00 for the first Tract Real Property (division (A)(1)(C)) $10.00 for each additional
Page 51 | 29. Bailiff Fees
The diversion fee is $50.
B. Diversion Fee $50.00
Page 51 | 26. Probation Fees
Service and return of an execution when money is paid without levy or no property is found costs $20.
A. For the Service and Return of an Execution When Money is Paid $20.00 Without Levy or When No Property is Found (division (A)(1)(a))
Page 51 | 29. Bailiff Fees
The fee for appearing and answering at a debtor’s exam is $75.
Appear & Answer (Debtor's Exam) $75.00
Page 51
Service and return of an execution involving a levy on goods and chattels, including inventory, costs $50.
C. For Service and Return of an Execution When Levy is Made On $50.00 Goods and Chattels Including Inventory (division (A)(1)(C))
Page 51 | 29. Bailiff Fees
The fee for a civil default of summary judgment is $25 and is to be added from the security deposit if available.
18. Default of Summary Judgment (Civil) $25.00 (to be added from Security Deposit, if available)
Page 51
Issuing an occupational driving permit costs $50.
25. Issuance of Occupational Driving Permits $50.00
Page 51
A release of garnishment costs $10 in civil and small claims cases.
19. Release of Garnishment $10.00 (Civil and Small Claims)
Page 51
A returned check for insufficient funds incurs a $25 fee.
24. Returned Check Fee $25.00 (Insufficient Funds)
Page 51
A petition to vacate, revive, or modify a judgment costs $75.
17. Petition to Vacate, Revive or Modify Judgment $75.00
Page 51
Second notices for bench warrants, show cause notices, license cancellations, and bench warrant blocks cost $30.
22. Second Notices $30.00 Bench Warrants Show Cause Notices License Cancellations Bench Warrant Blocks
Page 51
Extending a community service date costs $25.
27. Extension of Community Service Date $25.00
Page 51
Filing an appeal costs $50.
20. Filing of Appeal $50.00
Page 51
An appeal filing must also be accompanied by $150 for the Clerk of Courts.
Must Be Accompanied by $150.00 for Clerk of Courts
Page 51
Expungement costs $50 per case, but there is no fee if the case was dismissed.
23. Expungements (per case) $50.00 (if case dismissed - no fee)
Page 51
Supervised probation costs $50.
A. Supervised Probation $50.00
Page 51 | 26. Probation Fees
The administrative fee for guardian interlock or similar devices is $50.
28. Administrative Fee for Guardian Interlock or Similar Devices $50.00
Page 51
A modification or amendment costs $30.
Modification and/or Amendment $30.00
Page 51
A jury trial demand costs $25.
21. Jury Trial Demand $25.00
Page 51
Service and return of a writ of attachment of property, except for garnishment, costs $40.
D. For Service and Return of a Writ of Attachment of Property, Except $40.00 for Purpose of Garnishment (division (A)(2))
Page 51 | 29. Bailiff Fees
The fee for Alcohol, Drug and Mental Health Intervention Court is $50.
C. Alcohol, Drug and Mental Health Intervention Court $50.00
Page 51 | 26. Probation Fees
Service and return of a summons for each juror other than on venire in a civil case costs $6.
N. For Service and Return of Summoning each Juror, Other Than On $6.00 Venire, If In a Civil Case (division (A)(10))
Page 52 | 29. Bailiff Fees
Service and return of another order of sale of real property costs $50 for the first tract and $25 for each additional tract.
Q. For Service and Return of Another Order of Sale of Real Property $50.00 for the first Tract (division (A)(13)) $25.00 for each additional
Page 52 | 29. Bailiff Fees
Service and return of an attachment for contempt costs $10 for each person named in the writ.
H. For Service and Return of an Attachment for Contempt, For Each $10.00 Person Named in the Writ (division (A)(6))
Page 52 | 29. Bailiff Fees
Service and return of a writ of possession or restitution costs $60.
I. For Service and Return of a Writ of Possession or Restitution (division $60.00 (A)(7))
Page 52 | 29. Bailiff Fees
Service and return of a writ of partition costs $25.
P. For Service and Return of A Writ of Partition (division (A)(11)) $25.00
Page 52 | 29. Bailiff Fees
Service and return of a subpoena in a civil case costs $6 for each person named in the writ.
J. For Service and Return of a Subpoena, For Each Person Named in $6.00 the Writ, If In a Civil Case (division (A)(8))
Page 52 | 29. Bailiff Fees
Service and return of a venire in a civil case costs $6 for each person named in the writ.
L. For Service and Return of a Venire, For Each Person Named in the $6.00 Writ, If In a Civil Case (division (A)(9))
Page 52 | 29. Bailiff Fees
Service and return of a subpoena in a criminal case costs $6 for each person named in the writ.
K. For Service and Return of a Subpoena, For Each Person Named in $6.00 the Writ, If In a Criminal Case (division (A)(9))
Page 52 | 29. Bailiff Fees
Service and return of a writ of attachment for garnishment costs $10.
E. For Service and Return of a Writ of Attachment for Purpose of $10.00 Garnishment (division (A)(3))
Page 52 | 29. Bailiff Fees
Mileage is charged at $1 per mile for the first mile, going and returning, with actual mileage charged on each additional name.
S. Mileage $1.00 per mile for the first mile, going and returning with actual mileage charged on each additional name
Page 52 | 29. Bailiff Fees
Service and return of summonses, writs, orders, or notices costs $6 for the first name and $1 for each additional name.
R. For Service and Return of All Summons, Writs, Orders or Notices $6.00 for the first Name (division (A)(17)) $1.00 for each additional name
Page 52 | 29. Bailiff Fees
Service and return of a venire in a criminal case costs $6 for each person named in the writ.
M. For Service and Return of a Venire, For Each Person Named in the $6.00 Writ, If In a Criminal Case (division (A)(9))
Page 52 | 29. Bailiff Fees
Service and return of a writ of replevin costs $40.
F. For Service and Return of a Writ of Replevin (division (A)(4)) $40.00
Page 52 | 29. Bailiff Fees
Service and return of a warrant to arrest costs $10 for each person named in the writ.
G. For Service and Return of a Warrant to Arrest, For Each Person $10.00 Named in the Writ (division (A)(5))
Page 52 | 29. Bailiff Fees
Service and return of a summons for each juror other than on venire in a criminal case costs $6.
O. For the Service and Return of Summoning each Juror, Other Than $6.00 On Venire, If In a Criminal Case (division (A)(10))
Page 52 | 29. Bailiff Fees
Court-cost schedules for criminal/traffic and civil/small-claims cases are set by administrative order.
The schedules of court costs for criminal/traffic cases as well as for civil/small claims cases are set by administrative order.
Page 13 | RULE 1.10 COURT COSTS
Court-cost schedules are available at the Clerk of Court's office and on the Court's website.
The schedules are available at the Clerk of Court's office and are posted on the Court's website at www.ocmcourt.com.
Page 13 | RULE 1.10 COURT COSTS
Jury costs do not have to be prepaid in criminal or traffic cases.
There is no prepayment of jury costs in criminal/traffic cases.
Page 14 | RULE 1.12 JURY DEMAND
The court will not assess an additional fee for filing by facsimile.
No additional fee shall be assessed for facsimile filings.
Page 17 | 1. FEES AND COSTS
Sealing & Redaction Procedures
Personal information about jurors or prospective jurors that is not disclosed in open court is confidential, subject to use by the parties and counsel and to the parties’ constitutional and statutory rights and Ohio public-records laws.
Personal information relating to a juror or prospective juror not disclosed in open court is confidential, other than for the use of the parties and counsel. The court shall maintain confidentiality to the extent consistent with constitutional and statutory rights of the parties, and with Ohio's Public Records laws. (Ohio Jury Management Standard 7D).
Page 33 | RULE 1.19.11 JUROR SAFETY AND PRIVACY
Pre-Motion Conference Requirements
The adverse party must file a summary-judgment opposition brief within 14 days after service of the motion.
The adverse party shall file a brief in opposition within fourteen (14) days after service of the motion.
Page 25 | Civil / Small Claims Management; Rule No. 3.3 Motions for Summary Judgment
A party opposing a motion other than summary judgment must serve and file an opposition brief within seven days after service, unless the Ohio Rules of Civil Procedure provide a longer period.
Each party opposing a motion other than Motion for Summary Judgment shall serve and file a brief in opposition within seven (7) days of service of said Motion, unless a longer time period is provided in the Ohio Rules of Civil Procedure.
Page 26 | Civil / Small Claims Management; Rule No. 3.3 Motions other than for Summary Judgment
Motions are decided without a hearing unless a hearing is requested in writing, and whether to hold one remains within the court's discretion.
Motions shall be ruled on without a hearing unless otherwise requested in writing, and at the court's discretion.
Page 25 | Civil / Small Claims Management; Rule No. 3.3 Pleadings and Motions
Summary judgment motions are decided on the briefs and attachments without oral argument unless the court orders otherwise.
Unless otherwise ordered by the court, Motions for Summary Judgment shall be decided on the briefs and other attachments without oral arguments.
Page 25 | Civil / Small Claims Management; Rule No. 3.3 Motions for Summary Judgment
Adjournment & Extension Requirements
A continuance requires a written motion and good cause; civil requests are due at least seven business days before trial or hearing, while criminal/traffic requests are due at least two business days beforehand, unless an unforeseen emergency warrants waiver of the timing requirement.
No case assigned 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) business days prior to the date of the trial or hearing in civil cases and two (2) business days prior to the date of trial or hearing in criminal/traffic cases. In the case of unforeseen emergency, this time requirement may be waived. If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice must be attached to the notice.
Page 14 | RULE 1.13 CONTINUANCE FOR TRIAL OR HEARING
Continuances of scheduled mediations are granted only for good cause, and requests must be in writing.
7. Continuances - It is the policy of this court to determine matters in a timely way. Continuances of scheduled mediations shall be granted only for good cause shown. Requests for a continuance shall be in writing.
Page 20 | 7. Continuances
A continuance requires a written motion showing good cause, filed at least seven calendar days before the event, although the timing requirement may be waived for an unforeseen emergency.
No case scheduled for trial, hearing or mediation 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 hearing, trial or mediation. In the case of unforeseen emergency, this time requirement may be waived.
Page 28 | RULE NO. 3.10 SMALL CLAIMS, B. CONTINUANCES
A defendant may request a reasonable continuance of the initial arraignment by written motion or by appearing in court at arraignment.
C. 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.
Page 23 | Rule No. 2.2 Arraignment
A continuance may be granted as provided by R.C. §1923.08.
A continuance may be granted as provided in R.C. §1923.08.
Page 26 | Civil / Small Claims Management; Rule No. 3.7(C) Continuance
Chambers Communication Rules
The plaintiff must call the judge's bailiff to schedule the move-out within five days of purchasing the writ.
2. Plaintiff must call the judge's bailiff to schedule the move-out within five (5) days of the 1. Plaintiff must purchase a writ of restitution from the clerk; purchase of the Writ.
Page 27 | E. SCHEDULING THE MOVE-OUT
If the law enforcement officer or the prosecutor seek to hold an individual without bond or require a cash/surety bond prior to release for any other type of crime not referenced in Sections 1,2 and/or 3, herein, said officer/prosecutor must contact the Judge and/or Magistrate as soon as practicable, but not to exceed forty-eight (48) hours after arrest, and present the grounds for overcoming said presumption of recognizance.
If the law enforcement officer or the prosecutor seek to hold an individual without bond or require a cash/surety bond prior to release for any other type of crime not referenced in Sections 1,2 and/or 3, herein, said officer/prosecutor must contact the Judge and/or Magistrate as soon as practicable, but not to exceed forty-eight (48) hours after arrest, and present the grounds for overcoming said presumption of recognizance.
Page 47
An officer or prosecutor requesting a no-bond or cash/surety-bond order must contact the Judge or Magistrate during reasonable hours and with reasonable notice.
The law enforcement officer/prosecutor requesting a no bond order or cash/surety bond order shall contact the Judge/Magistrate during reasonable hours and with reasonable notice.
Page 47
Please call 419-734-5152 or go to www.ottawacountymunicipalcourt.com and click on Jury Service link, anytime after 4:30 p.m. on Monday, Trial Date to determine if you are still required to appear for the jury trial.
Please call 419-734-5152 or go to www.ottawacountymunicipalcourt.com and click on Jury Service link, anytime after 4:30 p.m. on Monday, Trial Date to determine if you are still required to appear for the jury trial.
Page 42 | Attachment B
Filers using fax or email are urged to verify with the clerk that the filing was received.
Anyone using facsimile filing or email filing is urged to verify receipt of such filing by the clerk of court.
Page 17