Pike County Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The Court may extend the time to make pre-trial motions in the interest of justice.
- No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this
- A continuance requires a written motion stating the reason and endorsed in writing by both the party and counsel, unless the trial judge waives the requirement for good cause.
- +5 more
Request must include
- Continuance requests must be filed seven calendar days before trial or hearing, subject to the stated diligence exception, and must notify opposing counsel or the party and state their position; continuances require good cause, and counsel-schedule conflicts must be identified specifically.
- Continuance requests must be filed at least seven calendar days before trial or hearing, unless the circumstances could not reasonably have been determined, in which case the request must be made as soon as possible after they become known.
- A request for continuance of a case for trial should be directed to the Small Claims Division at least three (3) days prior to the trial date. Requests for continuances shall be in writing which must include the reason for the request and the date and time of the current assignment. No continuance shall be granted for more than 30 days, nor shall any party be entitled to more than one continuance, except for good cause shown and with the express approval of the Court.
Communication
Phone
Page & Word Limits1 rule
Facsimile filings shall not exceed ten (10) pages in length not including cover sheet.
- Facsimile filing
- Up to 10 pages
Document Format Requirements6 rules
All documents filed with the Court shall be sufficiently legible. The Court may order stricken any filed paper which does not comply with legibility.
All papers offered for filing with the Court shall be typewritten or printed and shall be 8 ½ x 11 inches. Original documents attached or offered as exhibits and official court forms supplied by the Clerk are exempt from the requirements of this Rule.
- Paper size
- Letter
All exhibits shall be marked prior to trial.
Formatting
- •All exhibits must be marked prior to trial
Plaintiff shall use numbers; Defendant shall use letters.
Formatting
- •Plaintiff shall use numbers; Defendant shall use letters
All exhibits shall be marked prior to trial. Plaintiff shall use numbers; Defendant shall use letters.
- Exhibits
Formatting
- •Plaintiff shall use numbers; Defendant shall use letters
Computer- or electronically produced tickets may be used and filed, and must conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Court's wording
In accordance with the Supreme Court of Ohio amendments to Traffic Rule 3 and 25, effective January 1, 2014, the use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Pike County Court. The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Document Filing Requirements44 rules
Plaintiff(s) shall tender, along with the original complaint, a sufficient number of service copies for all defendants to be served.
The original with original signatures must be maintained by the sender and be available upon demand by the Court until such time as the case is closed.
Upon filing of a complaint, summons shall be forthwith issued, signed by the Clerk or Deputy Clerk, and shall bear the seal of the Court.
Papers offered for filing must include the case number, the judge's last name below it, a title identifying the filer and document, and the specified attorney or pro se party information.
- Document
- Filing paper
Must include
- •Case number
Court's wording
All papers offered for filing with the Court shall be identified by including: (a) Case number (b) Judge's last name shall appear below the case number (c) Title, containing the name and party designation of the party filing it, nature of the document (i.e. Answer, Motion, Interrogatories, etc.) (d) The typed name, signature, office address, telephone number, facsimile number, email address, and Supreme Court number of the designated Trial Attorney or party pro se.
Attorneys practicing before the Court in civil or criminal matters must register with the Clerk and provide the specified identifying and contact information.
Court's wording
Attorneys engaged in civil or criminal practice before the Court shall be registered with the Clerk of Courts. Said registrations shall be kept in permanent volumes and shall include counsel's name, office address, zip code, telephone number, email address, and Supreme Court of Ohio Bar Registration Number.
An attorney making an initial appearance on behalf of a criminal defendant before any judge or magistrate of the Court shall provide his or her name and Supreme Court of Ohio Bar Registration Number for the record and inclusion in the case file.
Counsel shall be allowed to withdraw from the case with the consent of the Judge assigned to the case. No such application shall be considered unless: (a) a written motion is presented stating the reasons for application (b) the motion contains certification of service on opposing counsel and on the client (c) the motion states the date and time of the next scheduled court action (pre-trial, motion hearing, trial, etc.) if any has been set. (d) the motion contains counsel's statement that if the request is allowed, a copy of the journal entry granting the request will be mailed immediately to the last known address of the client (e) the motion is filed seven (7) calendar days prior to the hearing date or such shorter period as the Court may allow
- Document
- Withdrawal motion
Must include
- •Certificate of service
A request to substitute counsel must be made by written motion and submitted to the Court accompanied by any entry containing the designation of new counsel, and where possible, the agreement of retiring counsel. Substitution of counsel may be permitted only by the Judge upon good cause shown.
If a private individual elects to file an Affidavit or Complaint charging a person with a crime, and the Prosecutor finds that probable cause does not exist, the Prosecutor shall complete a "Non-approval" form and file it with the charges).
A criminal complaint must state specific facts about the offense, date and time, and any unprotected victim identity; it cannot merely recite the statute and must include or be accompanied by a concise written event summary.
Court's wording
The complaint shall contain specific facts that adequately inform the accused and the Court of the nature of the offense charged, the date and tire of the offense, and the identity of the victims) of the offense, if any, except where protected by law. It shall not be merely a recitation of the statute or ordinance upon which it is based. Each criminal complaint shall contain or be accompanied by a concise, written summary of the events which form the basis of the offense charged prepared either by the Prosecutor, law enforcement officer or private complainant.
A Written Guilty Plea shall be signed by the Detendant and contain: An acknowledgement the Defendant understands and waives his constitutional rights to a trial, to confront witnesses, to compulsory process and to remain silent її) An acknowledgement that the Defendant understands the maximum penalties ¡¡) An attorney's trust check, money order,
A defendant may enter a guilty plea by written motion only with exceptional circumstances and Court approval; the listed exceptional circumstances apply in traffic cases where the defendant previously appeared personally or through counsel.
Court's wording
Upon a showing of exceptional circumstances, a defendant may enter a plea of guilty by written motion with the approval of the Court pursuant to Ohio Traffic Rule 12 (а) The following shall be considered exceptional circumstances" in all traffic cases the defendant has previously appeared personally or through counsel: The Defendant is not a resident of Pike County, Ohio The Defendant is a resident of Pike County, Ohio, but Defendant's personal appearance in Court would cause the Defendant to lose one half (1/2) day or more of gainful employment.
All discovery disputes shall be brought to the attention of the Court by written motion within seven (7) days after the pre-trial conference, or seven (7) days before trial, whichever is earlier
A precipe for subpoena of witnesses shall be filed with the Clerk
A demand for trial by jury must be in writing and filed with the Clerk of Courts
After a jury demand has been filed, should the Defendant determine that a jury is not desirable, the Defendant must waive the jury demand in writing.
(c) Entries shall accompany the motions with blanks for the new trial time and date.
The party shall also file the number of jurors requested consistent with Civil Rule 48.
d) All motions where an oral hearing is not required shall be accompanied by a proposed entry.
c) Entries shall accompany the motions with blanks for the new trial time and date.
a) Motions will be supported by Memoranda of Law containing applicable statutory and case law citations.
a) Discovery. Counsel shall advise the Court of the status of discovery and, if not completed, that nature of additional discovery and the time anticipated as necessary to complete.
b) List of witnesses. Counsel shall list all lay and expert witnesses who will testify at trial. Failure to list a witness in the pretrial statement shall result in the witness being excluded from testimony at trial, unless excused by the trial Judge for good cause shown.
C) Settlement negotiations. Status of settlement negotiations.
9.10 JUDGMENT ENTRIES. Counsel for the party or parties in whose favor an order or judgment is rendered shall prepare a judgment entry unless the Court agrees to prepare the judgment entry.
e) Special damages. Where appropriate, trial counsel shall list all special damages and furnish opposing counsel verification of those damages.
†) Exhibits. Trial counsel shall set those exhibits that he/she expects to introduce into trial.
Trial counsel must set forth unusual issues of fact or law expected at trial that are not apparent from the pleadings.
Court's wording
g) Unusual issues of fact or law. Trial counsel shall set forth any unusual issues of fact or law he/she expects to arise at trial which are not made apparent by the pleading. (i.e. request to view scene, possible delays, amendments)
Trial briefs are also required for non-jury cases when there is a substantial conflict of views as to specific questions of law or when the Judge so requests.
Requested jury instructions must include the text of the instructions and citations of authority.
Court's wording
9.15 TRIAL BRIEFS AND JURY INSTRUCTIONS. Trial briefs and jury instruction's shall be filed in the Clerk's office on all jury cases seven (7) days prior to trial and shall include the text of, and citations of authority for any instructions requested by counsel.
All motions for default judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service, and answer date.
9.13 COURT COSTS. All judgments and/or entries which represent the final appealable order of the Court shall state which party will pay court costs.
A default-judgment motion must include a supported list of all damages, a proposed entry, and an affidavit addressing age, competence, and military service.
Court's wording
All motions for default judgment shall also contain a list of all damages supported by affidavit, documentary or other evidence. A proposed entry shall accompany the motion as well as an affidavit addressing issues concerning age, competence and military service.
The plaintiff must bring with him two (2) copies of any documents supporting his claim
plaintiff must have the current address of defendant.
The transfer to civil division is accomplished if the amount of the counterclaim exceeds $6,000.00 and defendant deposits the filing fee with a motion, affidavit, and entry.
A complaint is filed by plaintiff along with and information sheet.
The plaintiff shall file with the Clerk a precipe for a Writ of Restitution within 15 days after the date of the judgment unless the Magistrate or Judge issues the Writ at the time of the hearing.
In all cases in which and Order of Attachment of an Order in Aide of Execution is filed against personal earnings, a copy of the written demand and proof of service thereof, as required by Section 2716.02 of the O.R.C., shall be attached to the original copy of the proceedings to be filed with and retained by the Clerk.
The name of the attorney filing the proceedings shall appear at the place provided on the original and upon all copies.
The order shall contain a show cause hearing date by which time defendant must comply with completion of, and return the order to the Court or appear.
Proceedings in aid of execution shall be filed on forms provided by the Court and shall consist of the original, to be retained by the Clerk, as many copies thereof as there are parties to be served in proceedings and one copy for the Return of Service.
7.17 DRIVING PRIVILEGES. No Driving Privileges shall be issued, except where granted by the Judge following a written request or motion.
(a) No Driving Privileges shall be issued unless proof of financial responsibility is shown.
Filing & Service rules
Electronic Filing Rules
Documents may be filed by facsimile and will be accepted as originals.
All documents filed by facsimile will be accepted by the Court effectively as an original.
Page 5 | 4.06 FILING BY FACSIMILE
Filing Timing and Cure Windows
After a complaint is filed, a summons must be issued forthwith, signed by the Clerk or Deputy Clerk, and bear the Court's seal.
Upon filing of a complaint, summons shall be forthwith issued, signed by the Clerk or Deputy Clerk, and shall bear the seal of the Court.
Page 5 | 4.09 CLERK'S DUTY
A motion to withdraw must be filed at least seven calendar days before the hearing unless the Court allows a shorter period.
(e) the motion is filed seven (7) calendar days prior to the hearing date or such shorter period as the Court may allow
Page 8 | 5. COUNSEL OF RECORD
The prosecuting attorney must make a discovery motion within 7 days after the defendant obtains discovery or 3 days before trial, whichever comes first.
The prosecuting attorney shall make his motion for discovery within seven (7) days after the defendant obtains discovery or three days before trial, whichever is earlier.
Page 11 | 7.08 DISCOVERY
Defects in instituting the prosecution or in the charging document, motions to suppress illegally obtained evidence, and severance requests must be raised before trial.
The following must be raised before trial: (a) Defenses and objections based on defects in the institution of the prosecution (b) Defenses and objections based on defects in the indictment, information, or complaint (c) Motions to suppress evidence, including but not limited to statements and identification testimony, on the ground that it was illegally obtained (d) Requests for severance of charges or defendants
Page 11 | 7.12 PRE-TRIAL MOTIONS
A defendant must make a discovery motion within 21 days after arraignment or 7 days before trial, whichever comes first.
A defendant shall make his motion for discovery within twenty-one days after arraignment or seven (7) days before the date of trial, whichever is earlier.
Page 11 | 7.08 DISCOVERY
Discovery disputes must be brought to the Court by written motion within 7 days after the pre-trial conference or 7 days before trial, whichever comes first.
All discovery disputes shall be brought to the attention of the Court by written motion within seven (7) days after the pre-trial conference, or seven (7) days before trial, whichever is earlier
Page 11 | 7.08 DISCOVERY
A witness-subpoena precipe must be filed with the Clerk at least 5 days before trial, excluding intervening Saturdays, Sundays, and holidays.
A precipe for subpoena of witnesses shall be filed with the Clerk no later than five (5) days (excluding intervening Saturdays, Sundays, and holidays) before the date of trial.
Page 12 | 7.14 SUBPOENA
A jury demand must be filed at least 10 days before trial or by the third day after notice of the trial date, whichever is later; failure to demand a jury waives the right.
A demand for trial by jury must be in writing and filed with the Clerk of Courts not less than ten (10) days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later. (b) Failure to demand a jury trial as provided herein is a complete waiver of the right thereto.
Page 12 | 7.15 CRIMINAL JURY TRIAL
Pre-trial motions other than discovery or bill-of-particulars requests must be made within 35 days after arraignment or 7 days before trial, whichever comes first.
All pre-trial motions except for requests for discovery and/or bill of particulars shall be made within 35 days after arraignment or seven (7) days before trial, whichever is earlier.
Page 12 | 7.13 TIME FOR PRE-TRIAL MOTIONS
Trial counsel must file a pretrial statement at least seven days before the pretrial conference.
At least seven (7) days prior to the pretrial conference, trial counsel shall file a pretrial statement.
Page 16 | 9.07 PRETRIAL STATEMENT
A witness-subpoena precipe must be filed with the Clerk at least five days before trial, excluding intervening Saturdays, Sundays, and holidays.
9.08 SUBPOENA. A precipe for subpoena of witnesses shall be filed with the Clerk no later than five (5) days (excluding intervening Saturdays, Sundays, and holidays) before the date of trial.
Page 17 | 9.08 SUBPOENA
Opposing counsel must approve or reject the judgment entry within five days.
Opposing counsel shall approve or reject the entry within five (5) days.
Page 18 | 9.10 JUDGMENT ENTRIES
A settlement may avoid trial without an entry, but the settlement entry must be filed within 30 days or the case may be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within 30 days or the case may be dismissed for want of prosecution.
Page 18 | 9.11 SETTLEMENT ENTRIES
For jury cases, trial briefs and jury instructions must be filed in the Clerk’s office seven days before trial, and requested instructions must include their text and supporting authority citations.
9.15 TRIAL BRIEFS AND JURY INSTRUCTIONS. Trial briefs and jury instruction's shall be filed in the Clerk's office on all jury cases seven (7) days prior to trial and shall include the text of, and citations of authority for any instructions requested by counsel.
Page 18 | 9.15 TRIAL BRIEFS AND JURY INSTRUCTIONS
The judgment entry must be submitted to the Judge within 15 days of the decision; otherwise, the Court will prepare it.
Within 15 days of the decision, the judgment entry shall be submitted to the Judge or the Court will prepare the judgment entry.
Page 18 | 9.10 JUDGMENT ENTRIES
When appropriate under the Rules of Civil Procedure, counsel must submit a default-judgment application within 15 days or the case may be dismissed for want of prosecution.
9.12 DEFAULT JUDGMENT. Where appropriate under the Rules of Civil Procedure, counsel shall submit an application for default judgment within 15 days or the case may be dismissed for want of prosecution.
Page 18 | 9.12 DEFAULT JUDGMENT
After service fails, the Clerk must notify the plaintiff that the case will be dismissed within 60 days unless the plaintiff provides a new address for the defendant.
Upon failure of service on defendant, the Clerk shall notify the plaintiff that the case will be dismissed within 60 days unless plaintiff provides the Clerk a new address for defendant.
Page 19 | 10.05 FAILURE OF SERVICE ON DEFENDANTS
After receiving the precipe or court order, the Clerk must issue the Writ of Execution to the Sheriff, who must execute it within ten days unless a written motion for stay has been filed.
Upon the receipt of the precipe or order of the Court, the Clerk shall issue to Sheriff a Writ of Execution for the premises and the Sheriff shall execute the Writ within ten (10) days, unless a written motion for stay has been filed.
Page 20 | 11.03 WRIT OF EXECUTION
Unless the Magistrate or Judge issues the writ at the hearing, the plaintiff must file a precipe for a Writ of Restitution within 15 days after judgment.
The plaintiff shall file with the Clerk a precipe for a Writ of Restitution within 15 days after the date of the judgment unless the Magistrate or Judge issues the Writ at the time of the hearing.
Page 20 | 11.02 PRECIPE FOR WRIT OF RESTITUTION
Upon receiving papers for filing, the Clerk must docket them and place the originals in the file jacket without delay.
The Clerk shall, upon receiving papers for filing, docket same and place the original of said papers in the file jacket without delay.
Page 5 | 4.09 CLERK'S DUTY
A defendant may file a written Not Guilty plea before the arraignment date.
A plea of Not Guilty may be entered in writing prior to the date of arraignment.
Page 10 | 7.06 WRITTEN NOT GUILTY PLEAS
If a case is inactive for three months and is not set for trial, the Clerk must notify the party that it will be dismissed within one week unless good cause is shown.
9.14 DORMANT CASES. If no action has been taken on a file for a three (3) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.
Page 18 | 9.14 DORMANT CASES
Before trial, a party may raise by motion any defense, objection, evidentiary issue, or request that can be decided without trying the general issue.
Prior to a trial, any party may raise by motion any defense, objection, evidentiary issue, or request that is capable of determination without the trial of the general issue.
Page 11 | 7.12 PRE-TRIAL MOTIONS
Settlement entries may be filed at any time.
9.11 SETTLEMENT ENTRIES. Entries of settlement may be filed at any time.
Page 18 | 9.11 SETTLEMENT ENTRIES
Service and Proof of Service Rules
Documents required to be served on other parties must contain proof of service in the form provided by Civil Rule 5(D), except for the Complaint.
All documents, except the Complaint, required to be served on other parties shall contain proof of service in the form provided by Civil Rule 5(D).
Page 5 | 4.07 PROOF OF SERVICE
Filers must not transmit service copies by facsimile.
the filer shall not transmit service copies by facsimile.
Page 5 | 4.06 FILING BY FACSIMILE
Pleadings must be served in accordance with the applicable Rules of Criminal Procedure.
Service of pleadings shall be accomplished by following the applicable Rules of Criminal Procedures.
Page 10 | 7.05 SERVICE OF PLEADINGS
For each new civil case, the Clerk prepares a summons for service under the Ohio Rules of Civil Procedure; if no service method is specified, the Clerk serves defendants by certified mail.
9.03 SERVICE OF SUMMONS. Upon the filing of each new civil case, the Clerk shall prepare a Summons, which shall be served in accordance with the Ohio Rules of Civil Procedure. In the event no method of service is specified, the Clerk shall serve all defendants by certified mail. In the event there is a failure of service, the Clerk shall notify counsel immediately.
Page 14 | 9.03 SERVICE OF SUMMONS
When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a copy in compliance with Traffic Rules 3(F)(1) and (2).
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a copy of the ticket, in compliance with Traffic Rules 3(F) (1) and (2).
Page 14 | 8. ELECTRONICALLY PRODUCED TICKET
A copy of each expert’s written report must be furnished to all counsel and the Court before the pretrial.
d) Exchange of Medical and/or Expert Reports. A copy of each expert's written report is available to counsel prior to the pretrial shall be furnished to all counsel and the Court.
Page 17 | Exchange of Medical and/or Expert Reports
e) Special damages. Where appropriate, trial counsel shall list all special damages and furnish opposing counsel verification of those damages.
e) Special damages. Where appropriate, trial counsel shall list all special damages and furnish opposing counsel verification of those damages.
Page 17 | Special damages
The judgment entry must be submitted to opposing counsel within five days of the decision.
That entry shall be submitted to opposing counsel within five (5) days of the decision.
Page 17 | 9.10 JUDGMENT ENTRIES
A pending case in which service is not obtained within six months must be dismissed sua sponte.
Any pending case wherein service is not obtained within six (6) months shall be dismissed by the Court Sua Sponte without prejudices
Page 19 | 10.05 FAILURE OF SERVICE ON DEFENDANTS
If certified mail service fails, the Clerk must have the plaintiff sign a request for regular mail service.
The Clerk shall also have plaintiff sign a request for regular mail service in the event of failure of certified mail service.
Page 19 | 10.04 PROCEDURE AND LIMITATIONS
After a debtor's exam order is filed, the Clerk must mail the asset-listing order to the defendant by ordinary mail.
Upon filing of an order for debtor's exam, the Clerk's office shall issue by ordinary mail to the defendant an Order Requiring Defendant to List Assets, Earnings & Liabilities and return information to the Court.
Page 21 | 12.01 SMALL CLAIMS-DEBTORS EXAM
Leaving a pleading with the Clerk or Court personnel does not constitute service.
No pleadings shall be deemed served by leaving a copy with the Clerk or any Court personnel.
Page 10 | 7.05 SERVICE OF PLEADINGS
The Clerk and Court personnel are not required to forward pleadings left for opposing counsel.
Neither the Clerk nor any other personnel of the Court have an obligation to forward pleadings left by counsel for the opposing party.
Page 10 | 7.05 SERVICE OF PLEADINGS
Filing Fees and Waivers
A person filing a civil action or proceeding must deposit the applicable court costs with the complaint unless the Court approves evidence of inability to pay; the Clerk must refuse a complaint without the deposit.
9.01 COURT COSTS. Any person filing a civil action or proceeding shall deposit with his or her complaint the corresponding court cost deposit set forth in attached Exhibit A, unless an affidavit or other evidence of such party's inability to make the required deposit is approved by the Court. The Clerk shall refuse to accept the filing of any complaint if the required deposit is not included.
Page 14 | 9.01 COURT COSTS
A party demanding a jury trial in a civil case must deposit $500 in addition to the usual court cost deposit with the written demand, unless the Court approves evidence of inability to pay; the Clerk must refuse a jury demand without the deposit.
9.02 COSTS DEPOSIT FOR JURY TRIALS IN CIVIL CASES. Any party demanding trial by jury in a civil case shall deposit, in addition to the usual court cost deposit, the sum of $500.00. with their written demand unless an affidavit or other evidence of such party's inability to make the required deposit is approved by the Court. The Clerk shall refuse to accept the filing of a jury demand if the deposit is not included.
Page 14 | 9.02 COSTS DEPOSIT FOR JURY TRIALS IN CIVIL CASES
The filing fee for a counterclaim is $50.00.
The filing fee is $50.00.
Page 19 | 10.06 COUNTERCLAIMS
A physical set-out under a Writ of Restitution is subject to the appropriate security deposits.
Should actual, physical eviction of property be required pursuant to a Writ of Restitution of premises, plaintiff shall arrange for sufficient workers to be present to accomplish the set-out, under the supervision of the Sheriff; subject to the appropriate security deposits.
Page 21 | 11.04 SET-OUT PROCEDURE
A separate $3.00 computerized and legal research fee is charged when each criminal, traffic, civil, or Small Claims action is filed.
The Clerk is hereby authorized and directed to charge a fee of $3.00 on the filing of each criminal, traffic, civil, and Small Claims action for computerized research, and legal research.
Page 22 | 14.02 COMPUTERIZED LEGAL RESEARCH
A $3.00 computerization fee is charged when each criminal, traffic, civil, or Small Claims action is filed.
The Clerk is hereby authorized and directed to charge and additional fee of $3.00 on the filing of each criminal, traffic, civil, and Small Claims action.
Page 22 | 14.01 COMPUTERIZATION
Copies of public records cost $0.10 per page when requested orally or in writing, but the fee is waived for governmental units requesting copies for official business.
Effectively immediately, upon any oral or written request tor copies, the Court will provide, as required by the Public Records Act, copies of anything considered public record when the appropriate fee of $.10 per page accompanies such request. When a governmental unit in connection with official business such as police agencies, a prosecutor's office or another court makes such request, that fee is waived.
Page 5 | 4.11 COMPUTER REPORTS AND COPY FEES
No additional fee is assessed for facsimile filings.
No additional fee shall be assessed for facsimile tilings.
Page 5 | 4.06 FILING BY FACSIMILE
If the plaintiff or attorney fails to appear for the examination, the proceeding costs are taxed to the party who filed the proceedings.
In such an event, the costs of the proceedings shall be taxed to the party who filed the proceedings and be so reflected on the docket and counsel may be subject to appropriate action by the Court.
Page 21 | 12.03 FAILURE TO APPEAR
The Court assesses an additional $10.00 in costs for each criminal case, civil action or proceeding, and judgment by confession.
In addition to all other court costs, effective January 1, 2000, the Court will assess an additional $10.00 in costs to each criminal case, civil action or proceeding, or judgment by confession.
Page 23
Pre-Motion Conference Requirements
A written request is required for a pretrial motion to be set for oral hearing.
b) Pretrial motions shall not be set for oral hearing unless requested, in writing.
Page 15
Adjournment & Extension Requirements
No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this
No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this
Page 12 | 7.16 CONTINUANCES IN A CRIMINAL CASE
Continuance requests must be filed seven calendar days before trial or hearing, subject to the stated diligence exception, and must notify opposing counsel or the party and state their position; continuances require good cause, and counsel-schedule conflicts must be identified specifically.
(a) All requests for continuances must be filed seven (7) calendar days prior to the trial or hearing date, except for circumstances which by reasonable diligence, could not be determined and the request is made as soon as possible after the circumstances are known. (b) All requests for continuance shall certify opposing counsel or party has been notified of the continuance and state the opposing party's position on the continuance. (c) Entries shall accompany the motions with blanks for the new trial time and date. (d) If a continuance is granted, the Court shall set a new date for the trial or hearing. (e) When a continuance is requested due to a conflict in counsel's schedule, the prior trial conflict shall be cited with specificity including the court, case name, and case number of the conflict. In the event of conflict, Ohio Sup. R. 41 shall control which case is to be continued. (f) Continuances will only be granted upon a showing of good cause.
Page 13
A continuance request based on counsel’s schedule conflict must specifically identify the court, case name, and case number of the prior trial conflict; Ohio Supreme Court Rule 41 controls which case is continued.
e) When a continuance is requested due to a conflict in counsel's schedule, the prior trial conflict shall be cited with specificity including the Court, case name, and case number of the conflict. in the event of conflict, Ohio Sup. Rule 41 shall control which case is to be continued.
Page 15 | 9.05 CONTINUANCES IN CIVIL CASES
Continuance requests must be filed at least seven calendar days before trial or hearing, unless the circumstances could not reasonably have been determined, in which case the request must be made as soon as possible after they become known.
a) All requests for continuances must be filed seven (7) calendar days prior to the trial or hearing date, except for circumstances which by reasonable diligence could not be determined and the request is made as soon as possible after the circumstances are known.
Page 15 | 9.05 CONTINUANCES IN CIVIL CASES
A continuance request must certify that opposing counsel or the opposing party was notified and state the opposing party’s position.
b) All requests for continuance shall certify opposing counsel or party has been notified of the continuance and state the opposing party's position on the continuance.
Page 15 | 9.05 CONTINUANCES IN CIVIL CASES
A continuance requires a written motion stating the reason and endorsed in writing by both the party and counsel, unless the trial judge waives the requirement for good cause.
No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this requirement upon a showing of good cause.
Page 15 | 9.05 CONTINUANCES IN CIVIL CASES
A continuance will be granted only upon a showing of good cause.
Continuances will only be granted upon a showing of good cause.
Page 16 | 9.05 CONTINUANCES IN CIVIL CASES
A request for continuance of a case for trial should be directed to the Small Claims Division at least three (3) days prior to the trial date. Requests for continuances shall be in writing which must include the reason for the request and the date and time of the current assignment. No continuance shall be granted for more than 30 days, nor shall any party be entitled to more than one continuance, except for good cause shown and with the express approval of the Court.
A request for continuance of a case for trial should be directed to the Small Claims Division at least three (3) days prior to the trial date. Requests for continuances shall be in writing which must include the reason for the request and the date and time of the current assignment. No continuance shall be granted for more than 30 days, nor shall any party be entitled to more than one continuance, except for good cause shown and with the express approval of the Court.
Page 20 | 10.08 CONTINUANCES
The Court may extend the time to make pre-trial motions in the interest of justice.
The Court in the interest of justice may extend time for making pre-trial motions.
Page 12 | 7.13 TIME FOR PRE-TRIAL MOTIONS
A witness’s failure to appear is not grounds for a continuance when the subpoena precipe was not timely filed under this rule.
The failure to appear of a witness for whom the precipe was not filed in accordance with this rule will not be grounds for a continuance of the case.
Page 17 | 9.08 SUBPOENA
If an attorney appears for a party at the hearing, the other party must be granted a reasonable continuance to obtain counsel.
If an attorney enters his appearance at hearing for a party, the court shall grant the other party a reasonable continuance to obtain legal counsel.
Page 19 | 10.02 PURPOSES OF SMALL CLAIMS COURT
Chambers Communication Rules
Counsel, parties, and witnesses must not have any contact with jurors.
Under no circumstances shall counsel, a party, or other witnesses, have any contact with jurors.
Page 26 | D) Jury Orientation
c) Telephone conferences may be arranged with prior approval of the Judge or Magistrate.
c) Telephone conferences may be arranged with prior approval of the Judge or Magistrate.
Page 16 | 9.06 PRETRIAL CONFERENCE
Judge-jury communications from jurors’ reporting through dismissal must be documented in writing or on the record, and counsel must be informed and given an opportunity to be heard.
All communication between the Judge and the members of the jury panel, from the time of reporting to the court through dismissal, shall be committed to writing or placed on the record in open court. Counsel for each party shall be informed of any communication and shall be given the opportunity to be heard as to such communication.
Page 26 | D) Jury Orientation
To reschedule a court appearance, call the Court at 740-947-4003.
If you need to reschedule a court appearance please call the Court at 740-947-4003 to make arrangements.
Page 31 | IN THE MATTER OF COURT OPERATIONAL JOURNAL ENTRY CHANGES IN RESPONSE TO COVID-19
Filer's using facsimile are urged to verify with the Clerk that the document was received and filed.
Anyone using facsimile filing is urged to verify receipt and filing with the Clerk.
Page 5 | 4.06 FILING BY FACSIMILE