Painesville Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Adjournments
- A continuance motion must be written and submitted at least seven days before the hearing, and a late motion may be granted only upon the stated showing of good cause; continuances will not be granted by phone.
- A defendant seeking to appear at a different time must file a written motion with the Court in advance.
- A continuance of an initial traffic-citation appearance requires a written motion filed before the appearance date, accompanied by a brief memorandum or statement of facts explaining the reasons.
Request must include
Page & Word Limits1 rule
Facsimile filing shall not exceed 10 pages in length.
- Facsimile filing
- Up to 10 pages
Document Format Requirements3 rules
A continuance motion must be submitted in writing.
Court's wording
Motions for Continuance shall be submitted to the Court in writing at least seven (7) days in advance of the scheduled hearing, and must contain a brief in support setting forth the reasons requiring the continuance, along with a proposed Order for the Court’s review and approval.
Pursuant to Rule 3F of the Ohio Traffic Rules the use of electronically produced tickets is hereby permitted provided that the ticket conforms in all substantive respects, including lay-out and content, to the “Ohio Uniform Traffic Ticket”.
N. Documents submitted must be in a digitized format specified by an administrative order of the presiding judge.
Document Filing Requirements22 rules
For a continuance sought because of a same-date trial or hearing conflict in another state court, the motion must include notices from both courts.
Court's wording
When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another court in the State, the movant shall attach to his or her motion, a copy of the Notice received from the other court, along with a copy of the Notice received from this Court.
A continuance motion must include a supporting brief stating the reasons for the request and a proposed Order.
- Document
- Motion for continuance
Must include
- •Proposed order
Court's wording
Motions for Continuance shall be submitted to the Court in writing at least seven (7) days in advance of the scheduled hearing, and must contain a brief in support setting forth the reasons requiring the continuance, along with a proposed Order for the Court’s review and approval.
The Court will not accept affidavits of the plaintiff’s attorney in support of a Motion for Default Judgment unless the attorney is also the plaintiff.
A party filing any motion shall file therewith a brief in support containing a short concise statement of the points relied upon and the authorities supporting such contentions.
Unless the Court orders otherwise, a default-judgment motion accompanied by a qualifying personal-knowledge affidavit will be considered without oral hearing.
Court's wording
Unless otherwise ordered by the Court, Motions for Default Judgment which are accompanied by an Affidavit on personal knowledge, showing affirmatively that the Affiant is competent to testify to the matters stated therein and setting forth such facts as would be admissible in evidence in support of the allegations contained in plaintiff’s Complaint, shall be considered by the Court without oral hearing.
*All motions shall be accompanied by a proposed Entry for the Court’s review and consideration.
All Motions must have a proposed Judgment Entry for the Judge’s consideration.
- Document
- Motion
Must include
- •Proposed order
A prosecutor seeking dismissal must file a written application under Criminal Rule 48 stating the reasons for the requested dismissal.
Court's wording
When the prosecutor desires to dismiss a criminal charge, he shall file a written application therefore pursuant to the provisions of the Ohio Rules of Criminal Procedure, Rule No. 48. The prosecutor shall state in a written application the reasons for the requested dismissal.
A fax filer need not submit the source document but must keep the source document, required original signatures, and source cover sheet available for the court and retain the source document until the case is closed and post-judgment relief opportunities are exhausted.
Court's wording
The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
The person filing a document by fax shall also provide therewith a cover page containing the following information: (I) the name of the court; (II) the title of the case; (III) the case number; (IV) the assigned judge; (V) the title of the document being filed (e.g. Defendant Jones’ 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); (VI) the date of transmission; (VII) the transmitting fax number; (VIII) an indication of the number of pages included in the transmission, including the cover page; (IX) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available.
- Document
- Fax filing cover page
Must include
- •Caption
- •Judge name
- •Case number
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
An exhibit filed separately this way must have a signed cover sheet with the case caption, court name, case title and number, judge’s name, and exhibit title.
- Document
- Exhibit cover sheet
- Placement
- Caption
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 Smith’s Notice of Filing Exhibit “G” to 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. (See appendix for sample exhibit cover sheet.)
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
A party filing a signed source document by fax must fax either the signed document or an unsigned copy with “/s/” and the signer’s name where the signature appears.
Court's wording
A party who wishes to file a signed source document by fax shall either: (I) fax a copy of the signed source document; or (II) fax 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.
A compliant electronically filed document is accepted as the original, and the filer must retain its source document for production on request until the case and all appeals are concluded.
Court's wording
F. A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.
A properly executed and signed User Agreement Form and Credit Card Authorization Form must be filed with the clerk to establish an electronic-filer account.
Court's wording
G. Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the clerk, the clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronically filed documents.
D. All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.
An authorized electronic filing constitutes the attorney’s or unrepresented party’s signature under Ohio Civil Rule 11.
Court's wording
3. The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.
An electronic signature is treated as the signature of the attorney or party it purports to represent, but an unauthorized transmission must be stricken.
Court's wording
1. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.
A filer must complete an online Document Description Form with the listed case, filing, filer, and attorney information.
Court's wording
H. The filer electronically filing a document shall also complete an on-line Document Description Form containing the following information: 1. The title of the case; 2. The case number; 3. The assigned judge; 4. The title of the document being filed; 5. The date of transmission; 6. An indication that a judge or case number has not been assigned, if applicable; 7. The name, address, telephone number, fax number, and e-mail address of the person filing the fax document, and 8. For an attorney, his or her Ohio Supreme Court registration number and firm name, if any.
2. Criminal complaints shall comply with Ohio Criminal Rule 3.
3. Small claims complaints shall comply with Ohio Revised Code 1925.04(B).
Filing & Service rules
Electronic Filing Rules
New complaints and garnishments will not be accepted for fax filing.
The following documents will not be accepted for fax filing: New Complaints, and Garnishments.
Page 7 | Rule No. 22 – Facsimile Filing, APPLICABILITY
Documents faxed through a third party and then forwarded to the court are unacceptable unless the filing party can verify them.
Documents faxed to/from a 3rd party, then forwarded to the Court are not acceptable unless verifiable to the party filing same.
Page 9 | TIME OF FILING
Fax filings must be transmitted directly through the facsimile equipment operated by the Clerk of Court.
Fax filings may only be transmitted directly through the facsimile equipment operated by the Clerk of Court.
Page 9 | TIME OF FILING
Electronically produced tickets are permitted if they conform in all substantive respects, including layout and content, to the Ohio Uniform Traffic Ticket.
Pursuant to Rule 3F of the Ohio Traffic Rules the use of electronically produced tickets is hereby permitted provided that the ticket conforms in all substantive respects, including lay-out and content, to the “Ohio Uniform Traffic Ticket”.
Page 10 | Rule No. 23 – Use of Electronically Produced Tickets
No person may use or allow another person to use someone else’s password for electronic filing.
4. No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 11 | Rule No. 25 – Electronic Filing, D.4
The clerk must provide electronic filing service for documents and cases designated by the presiding judge’s administrative order.
A. The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any particular case as designated by an administrative order of the presiding judge.
Page 11 | Rule No. 25 – Electronic Filing, A
An attorney may authorize electronic filing on the attorney’s behalf only by an employee or a retained electronic-filing service provider.
2. No attorney shall authorize anyone to electronically file on that attorney’s behalf, other than his/her employee or a service provider retained to assist in electronic filing.
Page 11 | Rule No. 25 – Electronic Filing, D.2
No filer may electronically file a document containing a social security number, an individual’s listed account numbers, or the specified information about a minor.
4. No filer shall electronically file any document containing the following information: a. Social security numbers; b. Account numbers for an individual’s bank account, security account, debit card, charge card, or credit card; or c. Information concerning a minor, including the minor’s date of birth, age, or telephone number, or address.
Page 13 | P.4
Email communications to the court are not legal communications and will not be received, ruled upon, or entered into the record unless a judge authorizes them.
2. “Electronic mail” means messages sent by a user and received by another through an electronic service system utilizing the Internet. Any communication sent to the court by electronic mail is not considered a legal communication of any form and will not be received or ruled upon by a judge or entered into the court record, unless otherwise authorized by a Judge.
Page 11 | Rule No. 25 – Electronic Filing, C.2
Anyone who elects electronic filing bears the risk of transmission delays, disruptions, interruptions, and document readability problems.
L. Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed with the clerk as a result.
Page 12 | Rule No. 25 – Electronic Filing, L
Ohio Uniform Traffic Tickets, criminal complaints, and small claims complaints may be electronically filed subject to the stated conditions.
P. The following documents may be filed by electronic means with the court subject to the conditions set forth herein. 1. Ohio Uniform Traffic Tickets (OUTT) a. If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule 3(E). b. A law enforcement officer who files a ticket electronically shall be considered to have certified the ticket which shall have the same rights, responsibilities, and liabilities as with all other tickets issued pursuant to the Ohio Traffic Rules. 2. Criminal complaints shall comply with Ohio Criminal Rule 3. 3. Small claims complaints shall comply with Ohio Revised Code 1925.04(B).
Page 13 | P
Pleadings and other papers may be filed by fax with the Clerk of Court at the stated number, subject to the rule’s conditions.
Pleadings and other papers may be filed with the Clerk of Court by facsimile transmission to (440) 352-0028 subject to the following conditions:
Page 7 | Rule No. 22 – Facsimile Filing
A document filed by fax is accepted as the effective original filing.
A document filed by fax shall be accepted as the effective original filing.
Page 8 | Rule No. 22 – Facsimile Filing, ORIGINAL FILING
When electronic filing is authorized, the electronically filed document is part of the official record and any maintained paper record is a copy.
B. In matters where electronic filing is authorized by administrative order, the electronically filed document will be part of the official court record. Paper records, if maintained, will be considered a copy of the official court record.
Page 11 | Rule No. 25 – Electronic Filing, B
Filing Timing and Cure Windows
Trials are scheduled before the Court unless the defendant files a timely jury demand or otherwise has a legal right to a jury trial.
All trials shall be scheduled before the Court unless the defendant files a timely jury demand or otherwise is accorded a right to trial by jury pursuant to law.
Page 5 | Rule No. 13 – Case Management Program – Trial
Unless the court orders otherwise, a missing exhibit must be filed as a separate document within five court days after the faxed 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 9 | EXHIBITS
A faxed document is considered filed when the Clerk time-stamps its receipt, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and received by the Clerk shall be considered filed with the Clerk of Courts 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 9 | TIME OF FILING
The electronic filing service is available continuously, but filings must be completed by 4:00 p.m. to be timely that day.
E. The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed by 4:00 pm to be considered timely filed that day.
Page 11 | Rule No. 25 – Electronic Filing, E
Documents transmitted outside regular court hours are deemed filed on the clerk’s next normal business day.
Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the clerk.
Page 11 | Rule No. 25 – Electronic Filing, E
The clerk must reject an electronically filed document submitted without a complete Document Description Form and notify the filer by email.
I. In the event a document is electronically filed without or with an incomplete Document Description Form, the clerk shall reject said document and the clerk shall notify the filer via electronic mail of said rejection.
Page 12 | Rule No. 25 – Electronic Filing, I
A corrective filing is a new filing that does not relate back unless the filer seeks and obtains relief through a motion based on technical errors.
A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.
Page 12 | Rule No. 25 – Electronic Filing, J
If a defendant has not answered or further pleaded 90 days after the complaint is filed, the Court gives the plaintiff notice; if the plaintiff does not seek default judgment or show good cause, the action is dismissed without prejudice after six months.
In all civil cases where the defendant(s) have failed to answer or further plead ninety (90) days after the filing of the complaint, the Court shall cause to be served upon the plaintiff a Notice pursuant to Civil Rule 41 that the Court will dismiss the case for want of prosecution unless good cause is shown. If the plaintiff fails to move the Court for an Order granting judgment by default pursuant to Rule 55(A) or otherwise show good cause why it should not be dismissed, then, in that case, the Court shall dismiss the action without prejudice, for want of prosecution after six (6) months.
Page 2 | Rule No. 4 – Default –Dismissal by Court
The court fax machine is available to receive documents 24 hours a day, seven days a week, including holidays.
However, the fax machine will be available to receive facsimile transmission of documents on the basis of 24 hours per day seven days per week including holidays.
Page 9 | TIME OF FILING
Service and Proof of Service Rules
Adverse parties must serve opposing briefs and documentation within 28 days after the summary-judgment motion is filed.
Adverse parties shall serve and file opposing briefs and documentation within 28 days of the filing of the Motion.
Page 2 | Rule No. 5 – Motion Practice, B. Motion for Summary Judgment
For service by publication, the Clerk must arrange newspaper publication, and the plaintiff must pay the publisher directly without an advance deposit to the Court.
In cases where there is a request for service by publication pursuant to Civil Rule 4.4, the Clerk shall cause service of Notice to be made by publication in a newspaper of general circulation in the County pursuant to Rule 4.4. The Clerk shall notify the publisher that the payment of the costs of the publication shall be the responsibility of the plaintiff. Payment arrangements shall be made directly by the plaintiff with the publisher without the Court assessing the publication costs as costs of suit or without the requirement of an advanced deposit by the plaintiff to the Court for payment of the publication costs.
Page 4 | Rule No. 11 – Service by Publication
The trial-date notice must be personally delivered to the defendant and/or attorney before they leave court after the pretrial conference.
Prior to leaving the Court at the conclusion of the pretrial conference, a notice of the trial date shall be personally delivered to the defendant and/or his attorney.
Page 5 | Rule No. 12 – Case Management Program – Pre-trials
The pretrial conference notice must be personally delivered to the defendant and/or attorney before they leave court.
The notice of the pretrial conference date shall be personally delivered to the defendant and/or his attorney prior to leaving court.
Page 5 | Rule No. 12 – Case Management Program – Pre-trials
The exhibit cover sheet 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 Smith’s Notice of Filing Exhibit “G” to 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. (See appendix for sample exhibit cover sheet.)
Page 9 | EXHIBITS
A filer must not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 10 | LENGTH OF DOCUMENT
If a ticket is issued at the scene of an alleged offense, the issuing officer must provide the defendant with a paper copy.
Further if a 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 10 | Rule No. 23 – Use of Electronically Produced Tickets
A document served electronically must include proof of service stating the email address at which the attorney or party was served.
Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.
Page 12 | Rule No. 25 – Electronic Filing, O
Court filings must be served under the applicable Ohio civil or criminal rule; email service is valid when the attorney or unrepresented party has filed an email address, without the additional three days under Ohio Civil Rule 6(E).
O. Documents filed with the court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the court. Where an electronic mail address has been filed with the court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(E).
Page 12 | Rule No. 25 – Electronic Filing, O
When an Ohio Uniform Traffic Ticket is filed electronically, the issuing officer must provide the defendant with a paper copy.
a. If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule 3(E).
Page 13 | P.1.a. Ohio Uniform Traffic Tickets (OUTT)
If the parties or counsel are present, the date and time of upcoming hearings must be provided in person.
If the parties and/or counsel are present, the date and time of any upcoming hearings shall be provided in person.
Page 13 | Rule No. 27 – Notices
If the parties or counsel are not present, written notice must be emailed if an email address was provided or mailed.
If not present, written notice shall be e-mailed (if provided) or mailed.
Page 13 | Rule No. 27 – Notices
When a party provides the Court with an email address, rulings, written notices, and Court correspondence must be emailed to the appropriate parties.
Upon a party providing the Court with an e-mail address, any ruling, written notice or Court correspondence shall be e-mailed to the appropriate parties.
Page 13 | Rule No. 27 – Notices
Filing Fees and Waivers
Immediately after faxing, the sending party must contact the court with credit card information for any applicable filing fee.
Immediately after the fax transmission, the party sending the transmission shall contact the Court with credit card information for the applicable filing fee, if any.
Page 10 | FEES AND COSTS
Filing fees, deposits, and copy costs are collected by credit card or deposit when processed, and a filing requiring a fee may be rejected if the court’s payment mechanism is not followed.
M. Normal filing fees, deposits, and copy costs will be collected via filer credit card or deposit at the time the filing is processed by the clerk. Any document filed electronically that requires a filing fee may be rejected by the clerk unless the filer has complied with the mechanism established by the court for the payment of filing fees.
Page 12 | Rule No. 25 – Electronic Filing, M
A dog appeal costs $70.00.
DOG APPEAL …………………………………………………………………………………………………… $70.00
Page 15 | COMPLAINTS
A $13.00 computerization fund charge applies to new complaints.
Computerization Fund................................... $13.00
Page 15 | FILING FEES – CIVIL DIVISION, EXHIBIT A
A civil complaint costs $135.00, including issuance, certified-mail service of summons, and one ordinary-mail alias.
CIVIL- (includes issuance, certified mail service of summons and one ordinary mail alias) ...................................................... $135.00
Page 15 | COMPLAINTS
Out-of-county sheriff or bailiff service costs $80.00.
Out of County ....................................................... $80.00
Page 15 | PERSONAL SERVICE
A forcible entry filing with a second cause of action costs $160.00.
Forcible Entry with Second Cause of Action........................................ $160.00
Page 15 | COMPLAINTS
Each additional defendant in a civil complaint incurs a $10.00 charge.
CIVIL- (includes issuance, certified mail service of summons and one ordinary mail alias) ...................................................... $135.00 Each Additional Defendant ...................................................................... $10.00
Page 15 | COMPLAINTS
A replevin filing costs $210.00.
REPLEVIN ........................................................................................... $210.00
Page 15 | COMPLAINTS
Legal Aid Society - Funding Pursuant to ORC (except as noted)
Legal Aid Society - Funding Pursuant to ORC (except as noted)
Page 15 | FILING FEES – CIVIL DIVISION, EXHIBIT A
Each additional defendant in a forcible entry and detainer matter incurs a $10.00 charge.
Each Additional Defendant ....................................................................... $10.00
Page 15 | COMPLAINTS
An alias summons served by certified mail costs $20.00 per defendant, other than for forcible entry.
Each Defendant – Certified Mail ............................................................... $20.00
Page 15 | ALIAS SUMMONS - (Other than Forcible Entry)
A $20.00 general special projects fee applies to new complaints.
General Special Projects Fee…………………$20.00
Page 15 | FILING FEES – CIVIL DIVISION, EXHIBIT A
Issuing a summons on a new-party complaint, counterclaim, cross-claim, or amended complaint costs $30.00 for one defendant.
One Defendant....................................................................................... $30.00
Page 15 | SUMMONS ON NEW PARTY COMPLAINT, COUNTERCLAIM OR CROSS CLAIM AND AMENDED COMPLAINT
A cognovit filing costs $110.00.
COGNOVIT .......................................................................................... $110.00
Page 15 | COMPLAINTS
In-county sheriff or bailiff service costs $25.00.
Sheriff/Bailiff Service - In-County ............................................................. $25.00
Page 15 | PERSONAL SERVICE
Transferring a case from small claims to the civil division costs $97.00.
TRANSFER TO CIVIL FROM SMALL CLAIMS .......................................... $97.00
Page 15 | COMPLAINTS
The filing fee for service by publication is $30.00.
Filing Fee .............................................................................................. $30.00
Page 15 | SERVICE BY PUBLICATION
A small claims filing costs $70.00.
SMALL CLAIMS ................................................................................... $70.00
Page 15 | COMPLAINTS
Service through the Secretary of State costs $40.00.
SECRETARY OF STATE SERVICE ................................................................ $40.00
Page 15 | SECRETARY OF STATE SERVICE
An alias summons served by regular mail costs $10.00 per defendant, other than for forcible entry.
Each Defendant – Regular Mail................................................................. $10.00
Page 15 | ALIAS SUMMONS - (Other than Forcible Entry)
Each additional defendant in a small claims case incurs a $10.00 charge.
SMALL CLAIMS ................................................................................... $70.00 Each Additional Defendant ....................................................................... $10.00
Page 15 | COMPLAINTS
A forcible entry and detainer filing costs $145.00.
FORCIBLE ENTRY & DETAINER ........................................................... $145.00
Page 15 | COMPLAINTS
An examination in aid of execution costs $40.00.
Examination in Aid of Execution ............................................................... $40.00
Page 16 | GARNISHMENTS & AID IN EXECUTION
An exemplified transcript costs $20.00.
EXEMPLIFIED TRANSCRIPT ....................................................................... $20.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
A jury demand requires a $450.00 deposit.
JURY DEMAND DEPOSIT ........................................................................... $450.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
A motion for continuance costs $30.00.
Motion for Continuance……………………………………………………………………………………….$30.00
Page 16 | MOTIONS
Certification of a judgment to the BMV costs $20.00.
CERTIFICATION OF JUDGMENT TO BMV .................................................. $20.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
Motions cost $20.00 unless another fee is specified.
All Motions (unless otherwise noted) .................................................. $20.00
Page 16 | MOTIONS
The clerk collects an additional $150.00 for the 11th District Court of Appeals.
*$150.00 will be collected by the CLERK FOR THE 11TH DISTRICT COURT OF APPEALS*
Page 16 | NOTICE OF APPEAL
Transferring a judgment from another court costs $60.00.
TRANSFER OF JUDGMENT FROM ANOTHER COURT ................................ $60.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
All other motions for driving privileges cost $60.00.
All other Motions for Driving Privileges ...................................................... $60.00
Page 16 | PETITION FOR DRIVING PRIVILEGES
Each additional defendant in a garnishment matter incurs a $10.00 charge.
Each Additional Defendant ................................................................................. $10.00
Page 16 | GARNISHMENTS & AID IN EXECUTION
The driving privileges re-instatement fee is $60.00.
Re-Instatement Fee ............................................................................. $60.00
Page 16 | PETITION FOR DRIVING PRIVILEGES
Each additional defendant on a motion to revive a dormant judgment incurs a $10.00 charge.
Each Additional Defendant .................................................................. $10.00
Page 16 | MOTIONS
A certificate of judgment for lien or transfer costs $20.00.
CERTIFICATE OF JUDGMENT FOR LIEN OR TRANSFER ........................... $20.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
A $1.00 garnishee fee applies to garnishments other than personal earnings garnishments.
Plus Garnishee Fee .............................................................................. $1.00
Page 16 | GARNISHMENTS & AID IN EXECUTION
A personal earnings garnishment costs $90.00.
Personal Earnings Garnishments .............................................................. $90.00
Page 16 | GARNISHMENTS & AID IN EXECUTION
A $300.00 deposit is required in addition to the fee for an execution of a writ of execution for personal property.
(Plus Deposit of $300.00)
Page 16 | ISSUANCE OF WRITS
A CD/DVD copy costs $10.00, and the fee must be paid before processing.
CD/DVD Copy (fee required before processing) ................................. $10.00
Page 16 | PHOTOCOPIES OR COMPUTER PRINTOUTS
Transferring a case to another court costs $50.00.
TRANSFER OF CASE TO ANOTHER COURT ................................................ $50.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
Certified-mail service for a garnishment costs $20.00.
Certified Mail Service ........................................................................................ $20.00
Page 16 | GARNISHMENTS & AID IN EXECUTION
Refiling a motion to show cause with bailiff service costs $30.00.
Re-filing of Motion to Show Cause/Bailiff Service ........................................ $30.00
Page 16 | MOTIONS
A copy of any document costs $0.25 per page.
Per Page Copy of Any Document ................................................................... .25
Page 16 | PHOTOCOPIES OR COMPUTER PRINTOUTS
Issuing an execution of a writ of restitution costs $30.00.
Execution of Writ of Restitution ................................................................ $30.00
Page 16 | ISSUANCE OF WRITS
A driving privileges petition for noncompliance costs $60.00.
Noncompliance ...................................................................................... $60.00
Page 16 | PETITION FOR DRIVING PRIVILEGES
Certification of court documents costs $1.00.
Certification of Court Documents ............................................................... $1.00
Page 16 | PHOTOCOPIES OR COMPUTER PRINTOUTS
A notice of appeal costs $50.00.
NOTICE OF APPEAL .................................................................................. *$50.00
Page 16 | NOTICE OF APPEAL
A motion to show cause, including bailiff service, costs $40.00.
Motion to Show Cause – Includes Bailiff Service ......................................... $40.00
Page 16 | MOTIONS
A motion for leave to plead costs $20.00.
Leave to Plead ....................................................................................... $20.00
Page 16 | MOTIONS
Execution of a writ of execution for personal property costs $50.00.
Execution of Writ of Execution – Personal Property ..................................... $50.00
Page 16 | ISSUANCE OF WRITS
A garnishment other than a personal earnings garnishment costs $50.00, plus a garnishee fee.
Other Than Personal Earnings Garnishments.............................................. $50.00
Page 16 | GARNISHMENTS & AID IN EXECUTION
Issuance of a small claims examination questionnaire costs $30.00.
ISSUANCE OF SMALL CLAIMS EXAM QUESTIONNAIRE .......................... $30.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
A motion to revive a dormant judgment costs $30.00.
Motion to Revive Dormant Judgment ........................................................ $30.00
Page 16 | MOTIONS
Issuing an execution of a writ of replevin costs $30.00.
Execution of Writ of Replevin ................................................................... $30.00
Page 16 | ISSUANCE OF WRITS
A 12 Point BMV Petition costs $100.00.
12 POINT BMV PETITION ........................................................................ $100.00
Page 16 | FILING FEES – CIVIL DIVISION, EXHIBIT A
Issuing a bench warrant, plus agency fees, costs $50.
ISSUANCE OF BENCH WARRANT PLUS AGENCY FEES ............................ $50.00
Page 17
The marriage fee is $50.
MARRIAGE .................................................................................................. $50.00
Page 17
The return check fee is $50.
RETURN CHECK FEE ..................................................................... $50.00
Page 17
The additional trusteeship filing fee and notices fee is $50.
TRUSTEESHIP FILING FEE & NOTICES (Additional Fee Per R.C. §2303.20 (W) ...................................................... $50.00
Page 17
Fax transmission by local phone call costs $1 per page.
FAX TRANSMISSION FEE: Per Page; Local Phone Call ........................................................................ $1.00
Page 17
Fax transmission by long-distance phone call costs $3 per page.
Per Page; Long Distance Phone Call ............................................................ $3.00
Page 17
Issuing a subpoena in Lake County costs $25.
ISSUANCE OF SUBPOENA: Lake County .......................................................................................... $25.00
Page 17
The rental escrow fee is 1% of the escrow amount.
RENTAL ESCROW ............................................................................... 1% of Escrow
Page 17
Issuing a subpoena outside Lake County costs $80.
Out of Lake County ................................................................................ $80.00
Page 17
A transcript for a Common Pleas bindover costs $20.
Transcript for Common Pleas Bindover ................................................... $20.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
A motion for continuance costs $30.
Motion for Continuance ............................................................................. $30.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
Dismissed counts incur a $33 fee for special project, computer, and capital improvement costs.
Dismissed Counts (Special Project, Computer, and Capital Improvement ) ........ $33.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
The HB562 additional moving-violation cost is $10 for moving traffic violations and $0 for the other listed categories.
MOVING VIOLATION- ADDITIONAL COST (HB562) $0.00 $10.00 $0.00 $0.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
A summons by mail or personal service costs $20.
Summons by Mail or Personal Service ..................................................... $20.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
All other motions cost $30.
All Other Motions ........................................................................................ $30.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
The computerization fund fee is $13 for each listed violation category.
Computerization Fund $13.00 $13.00 $13.00 $13.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
A motion for post-conviction modification of sentence costs $30.
Motion for Post Conviction Modification of Sentence ............................. $30.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
IDSF (ORC §2949.091) $30.00 $20.00 $10.00 $20.00
IDSF (ORC §2949.091) $30.00 $20.00 $10.00 $20.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
Preparation of a jail commitment costs $15.
Preparation of Jail Commit .............................................................. $15.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
A motion to vacate costs $100.
Motion to Vacate........................................................................................ $100.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
The special project fund fee is $20 for each listed violation category.
Special Project Fund $20.00 $20.00 $20.00 $20.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
The State Fund fee is $30 for felonies, $9 for moving traffic violations, $0 for non-moving or traffic violations, and $9 for misdemeanors.
State Fund (ORC §2743.70) $30.00 $9.00 $0.00 $9.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
Local costs are $58 for each listed violation category.
Local Costs $58.00 $58.00 $58.00 $58.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
BMV payment plan motions cost $50.
BMV Payment Plan Motions .............................................................. $50.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
A personal recognizance, surety bond, or 10% bond costs $10.
Personal Recognizance, Surety Bond, or 10% Bond .............................. $10.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
All motions for driving privileges cost $50.
ALL Motions for Driving Privileges .......................................................... $50.00
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
Filing fees in civil cases are set out in Exhibit A, which the Court may amend by order.
The schedule of filing fees in civil cases is attached hereto and marked Exhibit A and may be amended from time-to-time by order of Court.
Page 2 | Rule No. 3 – Filing Fees
A publication deposit is required; the amount is not stated, and the court directs filers to call for it.
Deposit for Publication—Call Court @ (440) 392-5884
Page 15 | SERVICE BY PUBLICATION
Fees are assessed per plea agreement.
FEES ASSESSED PER PLEA AGREEMENT
Page 18 | COURT COSTS – TRAFFIC & CRIMINAL
The Clerk collects an additional $150 for the 11th District Court of Appeals.
*$150 will be collected by CLERK FOR THE 11TH DISTRICT COURT OF APPEALS
Page 19
A returned check incurs a $50.00 fee.
Return Check Fee ....................................................................................... $50.00
Page 19
A license forfeiture costs $20.00.
License Forfeiture ....................................................................................... $20.00
Page 19
Probation supervision costs $20.00 per month unless otherwise ordered by the judgment entry.
Per Month Unless Otherwise Ordered by Judgment Entry ............................ $20.00
Page 19 | Probation Supervision Fees
Filing for expungement in a dismissed case costs $100.00.
Filing Expungement .......................................................... Dismissed Case $100.00
Page 19
Fax transmission by local phone call costs $1.00 per page.
Per Page; Local Phone Call ........................................................................ $1.00
Page 19 | Fax Transmission Fee
The community work program charge is $15.00 per diem.
Per Diem Charge for Community Work Program .................................... $15.00
Page 19
A payment plan costs $20.00.
Payment Plan .............................................................................................. $20.00
Page 19
A notice of appeal costs $50.00.
Notice of Appeal ....................................................................................... *$ 50.00
Page 19
Filing for expungement in a convicted case costs $150.00.
Filing Expungement .......................................................... Dismissed Case $100.00 Convicted Case $150.00
Page 19
The Court Pre-Trial Diversion Program costs $250.00, consisting of $150.00 in local costs and $100.00 for the Probation Supervision Fund.
Court Pre-Trial Diversion Program ......................................................... $250.00 $150.00 Local Costs $100.00 Probation Supervision Fund
Page 19
A $10.00 fee must be paid before a CD-DVD copy is processed.
CD-DVD copy (fee required before processing) .................................. $10.00
Page 19 | Photocopies or Computer Printout
A certification of a court document costs $1.00.
Certification of Court Document ............................................................... $1.00
Page 19 | Photocopies or Computer Printout
Filing a complaint not prepared by the prosecution or police authority requires a refundable $105.00 deposit.
Filing Complaint not Prepared by Prosecution or Police Authority (Refundable Deposit) ............................................................................. $105.00
Page 19
Restitution payments through the Clerk’s Office are charged at 5% of the total.
Restitution Payment through Clerk’s Office ................................... (5% of total)
Page 19
The local court cost for a probation violation hearing is $25.00.
Probation Violation Hearing Local Court Cost ........................................ $25.00
Page 19
A bench warrant costs $50.00, in addition to agency fees.
Bench Warrant (plus agency fees) ................................................................ $50.00
Page 19
The Resident Violator’s Compact charge is $20.00.
Resident Violator’s Compact ..................................................................... $20.00
Page 19
A copy of a court document costs $0.25 per page.
Per page copy of any court documents . ...................................................... $ .25
Page 19 | Photocopies or Computer Printout
Sealing & Redaction Procedures
A party may file a document containing unredacted listed identifiers under seal only with court permission and must file a motion to do so; the judge may require a redacted public copy.
B. With permission of the Court, a party may file, under seal, a document containing the un-redacted personal data identifiers listed above. The party seeking to file an un-redacted document shall file a motion to file the document under seal. In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.
Page 13 | Rule No. 26 – Redaction Policy (Civil), B
In all pleadings, documents, and exhibits, filing parties must omit or, when necessary, partially redact the listed personal identifiers and proprietary or trade secret information, unless the assigned judge orders otherwise.
A. Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, unless the assigned Judge orders otherwise: 1. Social security numbers except for the last four digits. 2. Driver’s license number. 3. Financial account numbers, including but not limited to debit card, charge card, and credit card numbers. 4. Employer and Employee identification numbers. 5. A juvenile’s name in a complaint or associated document, except for the juvenile’s initials or a generic abbreviation such as “CV” for child victim. 6. Proprietary or trade secret information.
Page 13 | Rule No. 26 – Redaction Policy (Civil), A
The filing party alone is responsible for redacting personal data identifiers.
C. The responsibility for redacting personal data identifiers (i.e. social security numbers and/or bank credit card numbers) rests solely with the filing party.
Page 13 | Rule No. 26 – Redaction Policy (Civil), C
The Clerk’s Office will neither review documents for compliance with the redaction rule nor redact documents.
D. The Clerk’s Office will not review the documents for compliance with this rule or redact documents.
Page 13 | Rule No. 26 – Redaction Policy (Civil), D
Pre-Motion Conference Requirements
Unless the Court orders otherwise, summary-judgment motions are decided on briefs without oral hearing no earlier than 30 days after service and filing, and adverse parties must serve and file opposition papers within 28 days after the motion is filed.
Unless otherwise ordered by the Court, Motions for Summary Judgment shall be heard on briefs and supporting documentation authorized by Civil Rule 56 (C) without oral hearing no less than 30 days after the service and filing of the Motion. Adverse parties shall serve and file opposing briefs and documentation within 28 days of the filing of the Motion.
Page 2 | Rule No. 5 – Motion Practice, B. Motion for Summary Judgment
Adjournment & Extension Requirements
A continuance motion must be written and submitted at least seven days before the hearing, and a late motion may be granted only upon the stated showing of good cause; continuances will not be granted by phone.
Motions for Continuance shall be submitted to the Court in writing at least seven (7) days in advance of the scheduled hearing, and must contain a brief in support setting forth the reasons requiring the continuance, along with a proposed Order for the Court’s review and approval. No continuance will be granted by phone. Motions for Continuance submitted after the aforementioned seven (7) day period may be granted upon the showing of good cause constituting extreme hardship, unforeseen circumstances or other unavoidable conditions.
Page 1 | Rule No. 2 – Motions for Continuance
A defendant seeking to appear at a different time must file a written motion with the Court in advance.
All criminal cases shall be heard only at the regularly scheduled date and time. Defendants may appear for hearing or disposition of their case at a time other than the regularly scheduled date and time only upon written motion filed in advance with the Court.
Page 5 | Rule No. 15 – Cases Heard on Scheduled Date
A continuance of an initial traffic-citation appearance requires a written motion filed before the appearance date, accompanied by a brief memorandum or statement of facts explaining the reasons.
The date of any defendant’s initial appearance on a traffic citation shall not be continued by the Court unless the defendant files a written motion with the Court in advance of the appearance date along with a brief memorandum or statement of facts setting forth the reasons requiring the continuance.
Page 7 | Rule No. 21 – Continuing Traffic Appearance
Chambers Communication Rules
The sending party bears all risks of fax filing, and filers are urged to verify receipt with the Clerk using available technological means.
The risks of transmitting a document by fax to the Clerk of Court shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 9 | TIME OF FILING
The Clerk of Court may acknowledge a fax transmission but is not required to do so.
The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
Page 9 | TIME OF FILING