Portsmouth Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A pretrial continuance may be granted only by the Court and requires approval from the judge assigned to the pretrial.
- A continuance to a particular day will be granted only if the Court is satisfied that it is necessary.
- An application to continue a pretrial conference must be addressed to the judge assigned to the case.
- +4 more
Request must include
Document Format Requirements5 rules
All garnishment proceedings shall be in the form required by Section 2715.11 of the Ohio Revised Code
Motions to cite judgment debtors for failure to appear for examination shall be identified as to the judge and court offended as pre-judgment pleadings per local Rule 11(C) or the same shall not be accepted for filing by the clerk.
Objections to the Magistrate's findings must be in writing.
Court's wording
The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.
A Small Claims action is commenced by filing a Small Claims Petition pursuant to Ohio Revised Code Section 1925.04 on the form provided by the clerk of this Court.
Computer- or electronically-produced tickets are authorized for filing and must conform substantively to the Ohio Uniform Traffic Ticket.
Court's wording
The use of filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Portsmouth Municipal Court. The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Document Filing Requirements41 rules
In the event a party claims to be indigent and unable to post the deposit, and affidavit as to such indigence shall be filed with the demand for jury, and the Court may summon the party into court for further investigation of the claimed indigence.
In felony cases, if a transcript of the preliminary hearing proceedings is requested for an indigent defendant, an entry must be approved by a Common Pleas Court Judge ordering such transcript.
Sufficient copies of every pleading, motion, or document to be served by the clerk, bailiff, or sheriff, shall be filed with the clerk.
In every pleading, motion, or document filed on behalf of a party or parties, there shall be set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceeding for the first time.
- Document
- Pleading motion or document
- Placement
- Caption
Every pleading, motion, or document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.
A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and a proposal Judgment Entry with the Clerk of Courts. Military Affidavits pursuant to the Soldiers and Sailors Relief Act shall be filed with the proposed entry, unless filed earlier.
If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit containing sufficient information in support of the claim.
For an unliquidated claim or when the opposing party has appeared, a hearing before the Magistrate is required and the motion must state the hearing date and time on its face.
Court's wording
If the claim is unliquidated, or if the party against whom judgment by default is sought has appeared in the action, or both, then a hearing is required before the Magistrate. In these cases, the motion for default judgment must include, on the face of the motion, notice of the date and time of the scheduled hearing on the motion.
The notice accompanying the Decision must state that objections must be filed within 14 days of the Decision's filing.
Court's wording
Copies of the Judge's or Magistrate's Decision shall be served upon the parties or their attorneys by the Clerk, such notice to contain language the Objections to the Judge's or Magistrate's Decision must be filed within fourteen (14) days of the filing of the Decision.
For a levy on a motor vehicle, the party or attorney must provide an accurate description, a license or serial number, and a written statement about whether a lien is recorded.
Court's wording
If the item to be levied upon is an automobile or other motor vehicle, the party or his attorney shall furnish the bailiff with an accurate description of the automobile or motor vehicle, a license number or serial number, and a written statement as to whether there is a lien of record on the vehicle in the office of the Scioto County Clerk of courts.
If there is a lien on the vehicle, the name of the lienholder shall appear on the notice of sale.
For an attachment or execution against personal property, the attorney or party must identify each item in detail, including its type, size, and number; a general instruction to levy on all goods and chattels is insufficient.
Court's wording
In all attachments or executions to be levied upon personal property, the attorney or party shall describe in detail those items which are to be levied upon; an instruction to "levy upon all goods and chattels" is not sufficient. Information must be supplied to the bailiff as to the type, size, and number of items to be levied upon, so that the bailiff can make an accurate estimate as to the cost of the proceedings, and so that he can require a sufficient deposit to secure costs before proceeding with the execution or attachment.
the garnishment papers will be properly filled out, including date. They will be accompanied by the proof of service of the demand required by Section 2715.02 of the Ohio Revised Code
After a judgment ordering a defendant to vacate, a praecipe requesting the bailiff's action must be filed with the Court.
Court's wording
When a judgment has been rendered ordering a defendant to vacate premises, the bailiff shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.
Upon filing of motion and affidavit, as required by Ohio Revised Code Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.
Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party in whose favor an order of judgment is rendered, shall prepare a journal entry unless the trial judge indicates that he will prepare the same; if court prepared, the entry will not be submitted for approval.
All complaints shall state the name of the defendant charged, the name of the offense charged, and shall contain the numerical designation of the statute or ordinance.
An affidavit of fact merely phrased in statutory language and in substantially the same language as the complaint is not sufficient.
When a complaint requests a warrant, it must include an affidavit of fact accompanied by a prosecutor's finding of probable cause.
Court's wording
If a warrant is requested on a complaint, the complaint shall be accompanied by an affidavit of fact pursuant to Ohio Criminal Rule 4(A)(1). The clerk shall not accept such affidavits and open a criminal case file unless the affidavit is accompanied by a finding of probable cause that an offense has been committed. This finding must come from a prosecuting attorney.
All criminal and traffic cases shall be commenced in this Court by the filing of a complaint.
The Court reserves the right to examine the documents comprising the investigation of the defendant's indigence, but requires only the filing of the prescribed form of the Ohio Public Defenders Office in the Court's file regarding the individual defendant.
Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.
An application to modify a driving-privilege suspension must be written, include the specified employment and application information, and be accompanied by the defendant's personal liability insurance policy or bond.
Court's wording
In making application for modification of the Court order suspending driving privileges, a written application shall be submitted containing the following: 1. The reason for the application; 2. The distance from home to the place of employment; 3. The hours of beginning and ending of work for each day requested and the days of the week worked; 4. If the request for driving privileges during hours of employment, a statement of whether employment will be terminated if the request is not granted; and 5. The appropriate filing fee. The application shall be accompanied by a liability insurance policy or bond which is personal to the defendant.
A written, signed statement of the person's assets, liabilities, employment, accounts, property, debts, and ability to pay a fine by a specified date must be furnished to the Court.
Court's wording
furnish the Court with a written and signed statement setting forth information as to such person's assets and liabilities; including, but not limited to, current wages and employment and last employment, accounts in financial institutions, property owned and debts, and shall set forth whether the fine could be paid by a certain date if time to pay were granted.
All defense counsel having filed jury demands (or in serious misdemeanors) shall notify the Court by 4:00 p.m. of the eighth (8th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing by the defendant or jury costs will bee attached to their case.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or deferral.
The summons must be understandable to a person unfamiliar with legal process and explain how and when to respond and the consequences of failing to respond.
Court's wording
Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond.
Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.
Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial.
Insofar as the party filing a document is aware of the judge to whom the case is assigned, he shall note the same between the case number and title of the document in the caption.
- Document
- Document
- Placement
- Caption
A judge may permit a change of trial counsel if an entry designates new counsel, prior trial counsel agrees, and the change will not delay trial.
Court's wording
Change of trial counsel may be permitted by the judge assigned to the case upon the filing of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of such case.
The objections to the Magistrate's findings should state, with specificity, the reason a new hearing is requested.
Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the Court marked "unapproved".
- Document
- Journal entry
Must include
- •Unapproved
Complaints may be in statutory language, but should not contain surplusage from the statute or ordinance which is not involved in the case.
Where the complaining party is not a law enforcement officer, then the Law Director (City Solicitor) shall file a proper and timely praecipe.
Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial date.
No person who does not complete the jury excuse deferral or exemption form shall be excused from service.
All requests for excuse, exemption or deferral must be made on the form provided, and shall be accompanied by appropriate documentation. These documents shall be retained by the Court.
No defendant is required to file an answer or statement of defense.
Filing & Service rules
Filing Timing and Cure Windows
The opposing party must move or plead in response within 14 days after the pleading or amended pleading is filed, unless the Court orders otherwise.
The opposing party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.
Page 8 | Rule No. 11(B) — Civil Filing of Pleadings, Motions, Etc.
After a case is transferred from small claims court to the regular docket under the cited statute, the defendant’s answer must be filed within 14 days after the transfer entry.
Where a case is transferred from small claims court to the regular docket of the Court pursuant to Section 1925.10, Ohio Revised Code, the answer of the defendant or defendants shall be filed within fourteen (14) days of the date of the entry ordering such transfer.
Page 8 | Rule No. 11(B) — Civil Filing of Pleadings, Motions, Etc.
After a failure of service of summons, the complainant or attorney must make additional service efforts within 90 days.
In the event there is a failure of service of summons, the complainant or his attorney shall make additional effort within ninety (90) days of the original failure of service.
Page 11 | Failure of Service-Civil
Objections to the Judge's or Magistrate's Decision must be filed within 14 days after the Decision is filed.
Copies of the Judge's or Magistrate's Decision shall be served upon the parties or their attorneys by the Clerk, such notice to contain language the Objections to the Judge's or Magistrate's Decision must be filed within fourteen (14) days of the filing of the Decision.
Page 11
The bailiff may not proceed with the requested action until the praecipe has been filed with the Court.
When a judgment has been rendered ordering a defendant to vacate premises, the bailiff shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.
Page 13 | Rule No. 22 — Forcible Entry and Detainer
The Magistrate must file written findings within seven days after the hearing concludes.
The Magistrate shall, at the conclusion of the hearing, file his or her written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant.
Page 13 | Rule No. 22(A) — Hearing
Parties may file written objections to the magistrate’s findings within 14 days.
inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.
Page 15 | Objections to Magistrate's Findings
A defendant must reduce the affidavit to an answer or move as though served with the complaint within 14 days of filing.
If a defendant, the same shall reduce his affidavit to an answer or move as though served with complaint within fourteen (14) days of the date of his filing.
Page 15
Parties may file written objections to the magistrate’s findings within 14 days.
inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days, in writing.
Page 16 | Appeal from Hearing
If a case has been inactive for six 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.
(4) If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.
Page 17
After service is perfected, the clerk must notify counsel that failure to submit an entry within fifteen days may result in dismissal.
(2) Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.
Page 17
If a settlement entry has not been received within thirty days after the file is marked accordingly, the clerk must notify the party that dismissal will follow unless the entry is received within ten days.
(5) When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.
Page 17
If the stated six-month summons period is not met, the clerk must notify counsel that dismissal will follow in ten days unless good cause is shown.
summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 17
The journal entry must be submitted to the judge for signature within 21 days of the decision; otherwise, the Court will prepare it.
Within twenty-one (21) days of the decision, the journal entry shall be submitted to the judge for signature, or, hereafter, the Court will prepare the journal entry and may charge a Court cost of $50.00 to the party in whose favor an order of judgment is rendered.
Page 19 | Judgment Entries
After the clerk notifies counsel that a case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.
Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.
Page 19
Settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 19
Opposing counsel must approve or reject the entry within 7 days; otherwise, it must be transmitted to the Court marked “unapproved.”
Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the Court marked "unapproved".
Page 19 | Judgment Entries
In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 20 | Rule 26(C) Clerical Steps
After service is perfected and the clerk gives notice of default, failure to submit an entry within 21 days may result in dismissal.
Upon perfection of service, the clerk shall notify counsel of said default and that a failure to submit an entry within twenty-one (21) days may result in the case being dismissed.
Page 20 | Rule 26(D)
All praecipes for witnesses shall, unless the case is set for trial less than three (3) days in advance, be filed not less than three (3) days prior to trial date.
All praecipes for witnesses shall, unless the case is set for trial less than three (3) days in advance, be filed not less than three (3) days prior to trial date.
Page 25 | RULE NO. 39 — Subpoenas
A criminal jury demand must be filed by the later of at least 10 days before trial or the third day after notice of the trial date; otherwise the jury right is completely waived, with no exceptions.
In criminal cases the demand for jury trial must be filed within the time limits set forth in Ohio Criminal Rule 23(A), that is, not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later. Failure to demand a jury trial within the time limits set forth is a complete waiver of the right to trial by jury, and absolutely no exceptions to this rule will be allowed.
Page 25 | RULE NO. 36 — Demand for Jury Trial
A subsequent jury-trial waiver must be made at least eight days before trial.
Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.
Page 25 | RULE NO. 37 — Waiver of Jury
A mandatory suspension under Ohio Revised Code § 4507.16 may not be modified during its first 30 days.
Mandatory suspensions required by Section 4507.16 of the Ohio Revised Code shall not be modified for the first thirty day period of such suspension.
Page 26 | RULE NO. 40 — Modification of Driver's License Suspension
Defense-witness praecipes must be filed at least three weeks before trial unless the case is set for trial less than three days in advance.
All praecipes for witnesses shall, unless the case is set for trial less than three (3) days in advance, be filed not less than three (3) weeks prior to trial date.
Page 26 | RULE NO. 39 — Subpoenas
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 28 | RULE NO. 43 Caseflow Management in Criminal Cases
The jury-demand fee is due when the demand is filed or no later than five business days before the pre-trial date.
- due at time of filing demand or no later than 5 business days prior to pre-trial date
Page 39
A subpoena duces tecum must be filed 72 hours before the hearing date.
Subpoena Duces Tecum…………………………. 15.00 - paid to witness (must file 72 hrs. prior to hearing date)
Page 40
A subpoena must be filed 72 hours before the hearing date.
Subpoena…………………………………………. 12.00 - paid to witness (must file 72 hrs. prior to hearing date)
Page 40
Parties may file written objections to the Magistrate's findings within fourteen days.
The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.
Page 13 | Rule No. 22(C) — Objections to Magistrate's Findings
The Court must rule on objections within 14 days after they are filed.
The Court shall, after consideration of the reasons in the objections to the Magistrate's findings, rule on said objections to Magistrate's findings within fourteen (14) days of the filing of the objections.
Page 15 | Objections to Magistrate's Findings
The clerk must immediately forward a responsive pleading and the file to the judge after the pleading is filed.
(3) After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the judge so the matter may be set for hearing.
Page 17
If a settlement entry has not been received within 30 days after the file is marked for settlement, the clerk will notify the party that the case will be dismissed unless the entry is received within 10 days.
When a file has been marked "Settlement to Come" or "Settled/attorney to send entry" and the entry has not been received within thirty (30) days, then the clerk shall notify the party that the case will be dismissed unless the entry is received within ten (10) days.
Page 20 | Rule 26(G)
Settlement entries may be filed at any time.
Entries of Settlement may be filed at any time.
Page 19
Service and Proof of Service Rules
When no law or other rule sets the deadline, a pleading or amended pleading must be served within 14 days after the specified court entry, unless the entry sets another deadline.
In all cases where the filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.
Page 7 | Rule No. 11(B) — Civil Filing of Pleadings, Motions, Etc.
The filer of a post-complaint pleading, written motion, or brief must mail or deliver a copy to each other party or that party’s attorney and note the service on the original; depositing a pleading copy with the clerk is sufficient when it accompanies a summons, and noncompliance may result in striking the filing.
It shall be the duty of the party or attorney filing a pleading, written motion, or brief subsequent to the complaint to mail or deliver a copy thereof to each other party to the case, or the attorney for such party. Failure to comply with this rule shall be sufficient cause to strike the pleading, motion, or brief from the files. If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient compliance with this rule to deposit such copy with the clerk. The fact of such mailing or delivery to the adverse party shall be noted on the original.
Page 8 | Rule No. 11(C) — Civil Filing of Pleadings, Motions, Etc.
The motion and hearing notice must be served on the opposing party under Rule 4(C) at least seven days before the hearing, and the moving party must show proper service.
Service of the motion and notice of hearing shall be made on the opposing party in accordance of Rule 4(C) and not less than seven (7) days before the scheduled hearing. The moving party shall be responsible to show that the other parties have been properly served as required by this rule.
Page 10 | Rule No. 16—Default Judgment
The Clerk must serve the Decision on the parties or their attorneys, and the notice must state the 14-day objection deadline.
Copies of the Judge's or Magistrate's Decision shall be served upon the parties or their attorneys by the Clerk, such notice to contain language the Objections to the Judge's or Magistrate's Decision must be filed within fourteen (14) days of the filing of the Decision.
Page 11
At the conclusion of each case, the Magistrate must serve the findings on the plaintiff and defendant.
The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.
Page 13 | Rule No. 22(C) — Objections to Magistrate's Findings
The Magistrate must serve a copy of the findings on the plaintiff and defendant.
The Magistrate shall, at the conclusion of the hearing, file his or her written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant.
Page 13 | Rule No. 22(A) — Hearing
The magistrate must serve the findings on the plaintiff and defendant at the conclusion of each case.
The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant
Page 15 | Objections to Magistrate's Findings
At the conclusion of each case, the magistrate must serve the finding on the plaintiff and defendant.
The Magistrate shall, at the conclusion of each case, serve a copy of his/her finding upon the plaintiff and defendant
Page 16 | Appeal from Hearing
Summonses must be served in accordance with the Ohio Rules of Procedure.
(1) Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 16 | Caseflow Management in Civil Cases
A counsel-prepared journal entry must be submitted to opposing counsel within 14 days of the decision.
If counsel prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the decision.
Page 19 | Judgment Entries
In new cases, counsel must obtain service of summons within 6 months; if not, the clerk will notify counsel that the case will be dismissed in 10 days unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Page 20 | Rule 26(C) Clerical Steps
When an electronically produced ticket is issued at the scene, the issuing officer must give the defendant a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 21 | RULE NO. 28 — Affidavits and Complaints-Criminal
Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date.
All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 30 | Rule No. 46 — Procedure for Jury Selection
The assignment commissioner must notify all counsel of record by mail and/or telephone at least fourteen days before a pretrial conference.
Notice of pretrial conference shall be given to all counsel of record by mail and/or telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.
Page 18 | D. Judicial Steps—Pretrials
The Court will notify the City Solicitor, defense counsel, or the defendant of hearing dates.
The Court will notify the City Solicitor, the attorney for the defendant, or the defendant, as to the dates of any hearings.
Page 23
A notice is sufficient if sent to the last known address listed in the case file.
Notices shall be deemed sufficient if sent to the last known address listed on the papers making up the file on the case.
Page 23
The Law Director or City Solicitor must notify the complaining party, officers, or victims of hearing dates.
The Law Director (City Solicitor) shall notify the complaining party, officers or victims, as to the dates of any hearings.
Page 23
The complaining party is responsible for ensuring that subpoenas for prosecution witnesses are properly requested.
It is the responsibility of the complaining party to see that subpoenas for prosecution witnesses are properly requested.
Page 25 | RULE NO. 39 — Subpoenas
After subpoenas issue, the Law Director or assistants must determine whether service has been obtained to ensure service before the trial or hearing.
Once subpoenas are issued, the Law Director (City Solicitor) or his assistants determine whether service has been obtained for the purpose of assuring service before trial or hearing date.
Page 25 | RULE NO. 39 — Subpoenas
The defendant or attorney is responsible for properly subpoenaing defense witnesses and ensuring service is obtained after subpoenas issue.
It is the responsibility of defendant or his attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained.
Page 25 | RULE NO. 39 — Subpoenas
To arrange sheriff service, contact the Sheriff Department at (740) 355-8261.
Sheriff Service, Must contact Sheriff Department (740)355-8261
Page 40
Filing Fees and Waivers
A $30 filing fee will apply to all e-filings starting September 1, 2025.
On September 1st, 2025 the court will be adding a $30 filing fee to all eFilings.
Court notice
Page 1 | NOTICE - EFILE COSTS
Transcript fees must be paid to the Court Reporter; if requested, the party requesting a written transcript must deposit the estimated cost before preparation and pay any shortfall before release.
In every case reported by the Court Reporter, the fee provided by the court order pertaining to costs in the Portsmouth Municipal Court for transcripts shall be paid directly to the Court Reporter. Before the Court Reporter shall begin making a written transcript, the party requesting the same shall deposit, if requested, an amount sufficient to cover the estimated cost of the written transcript, said amount to be determined by the Court Reporter. At the completion of the written transcript, if the deposit is not sufficient, the balance shall be paid before the written transcript is released to the party. The Court Reporter shall be paid for all transcripts, including those requested by the judge or by the prosecutor's office.
Page 5 | Rule No. 7 — Court Reporter
For a requested preliminary-hearing transcript for an indigent defendant in a felony case, the relevant governmental agency must pay and the amount is taxed as costs.
In such cases, the governmental agency (City of Portsmouth or the State of Ohio, as the case may be) shall pay for such transcripts, such amount to be taxed as costs.
Page 6 | Rule No. 7 — Court Reporter
A civil jury-trial demand must include an $875 deposit for the first day's jury cost, which is applied to costs if taxed to the posting party and otherwise refunded at the case's conclusion.
A demand for a civil jury trial shall be made as required by Civil Rule 38 and shall be accompanied by a deposit of $875.00 as security for the first day jury cost. Said sum shall be applied to the costs of the case in the event that costs are taxed to the party posting such deposit upon disposition of the case. Otherwise, the deposit shall be refunded to the party posting it at the conclusion of the case.
Page 6 | Rule No. 8(A) — Civil Jury Trials and Demands
A sufficient deposit to secure costs must be provided before the bailiff proceeds with an execution or attachment.
Information must be supplied to the bailiff as to the type, size, and number of items to be levied upon, so that the bailiff can make an accurate estimate as to the cost of the proceedings, and so that he can require a sufficient deposit to secure costs before proceeding with the execution or attachment.
Page 12 | Sales and Proceedings in Aid of Execution-Civil
If the vehicle's expected sale proceeds will not cover specified costs, the party seeking the levy must post an additional cost deposit before the levy proceeds.
If the bailiff determines that the vehicle, when sold, will not bring a sufficient amount to cover the cost of towing, storage, appraisal, advertising, and other court costs, he shall require the party seeking the levy to post additional deposit for costs to cover these expenses before proceeding with the levy.
Page 12 | Sales and Proceedings in Aid of Execution-Civil
Garnishment papers must be accompanied by the garnishee's fee prescribed by Ohio Revised Code Section 2715.111.
They will be accompanied by the proof of service of the demand required by Section 2715.02 of the Ohio Revised Code, and by the garnishee's fee provided by Section 2715.111 of the Ohio Revised Code.
Page 12 | Garnishment Proceedings
The praecipe must be accompanied by a deposit in accordance with the Court's Court Costs Schedule.
When a judgment has been rendered ordering a defendant to vacate premises, the bailiff shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.
Page 13 | Rule No. 22 — Forcible Entry and Detainer
The required filing costs must be paid before a small claim can be transferred to the regular docket.
Upon filing of motion and affidavit, as required by Ohio Revised Code Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.
Page 15
The application to modify a driving-privilege suspension must include the appropriate filing fee.
5. The appropriate filing fee.
Page 26 | RULE NO. 40 — Modification of Driver's License Suspension
Civil cases require an $875 jury deposit; failure to pay waives a jury trial, though an indigent person may petition for a waiver.
In civil cases a jury deposit of Eight Hundred Seventy-Five Dollars ($875.00) shall be assessed. In the event the deposit is not made, no jury will be summoned, and the failure to make said deposit shall be deemed a waiver of the right to trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement.
Page 31
Court costs for all other traffic matters total $124.00, with the listed component costs.
Traffic, $65.00 $30.00 $9.00 $3.00 $14.00 $3.00 $124.00 All Other
Page 37 | Appendix A: Portsmouth Municipal Court Traffic/Criminal Court costs
Traffic minor-misdemeanor court costs total $89.00, with the listed component costs.
Traffic $32.00 $30.00 $9.00 $3.00 $12.00 $3.00 $89.00 Minor Misdemeanor
Page 37 | Appendix A: Portsmouth Municipal Court Traffic/Criminal Court costs
Court costs for all criminal matters are listed as $114.00, with the listed component costs.
Criminal, All $65.00 $30.00 $9.00 $3.00 $14.00 $3.00 $114.00
Page 37 | Appendix A: Portsmouth Municipal Court Traffic/Criminal Court costs
Reckless-operation minor-misdemeanor court costs total $124.00, with the listed component costs.
Reckless $65.00 $30.00 $9.00 $3.00 $14.00 $3.00 $124.00 Operation (Minor Misdemeanor)
Page 37 | Appendix A: Portsmouth Municipal Court Traffic/Criminal Court costs
An alias summons costs $25.00.
Alias Summons……………………………………………………… 25.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
The appraiser’s fee for an attachment is $20.00.
- appraiser’s fee……………………………………………. 20.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Personal service by the Bailiff for a complaint costs $20.00.
- personal service by Bailiff…………………………………. 20.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Certified-mail service for one defendant with a counterclaim, cross-claim, or third-party complaint costs $7.00.
- certified mail service, 1 defendant………………………… 7.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
An attachment costs $35.00.
Attachment…………………………………………………………… 35.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Personal service by the Bailiff for an alias summons costs $20.00.
- personal service by Bailiff………………………………… 20.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Certified-mail service for each additional defendant with an amended complaint costs $7.00.
- each additional defendant by certified mail………………… 7.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Re-issuance by certified mail for a complaint costs $7.00.
- re-issuance by certified mail………………………………. 7.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Re-issuance by certified mail for an amended complaint costs $7.00.
- re-issuance by certified mail……………………………….. 7.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Certified-mail service for one defendant with an amended complaint costs $7.00.
- certified mail service, 1 defendant…………………………. 7.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Replevin for one defendant costs $100.00.
Replevin (one defendant)……………………………………………. 100.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
A writ of replevin costs $20.00.
- writ of replevin………………………………………….. 20.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
A counterclaim, cross-claim, or third-party complaint costs $25.00.
Counterclaim, Cross-Claim,Third Party Complaint………………… 25.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Storage and/or towing fees for an attachment are listed as $100.00.
- storage and/or towing fees……………………………….. $100.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Certified-mail service for each additional defendant with an alias summons costs $5.00.
- each additional defendant by certified mail……………….. 5.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Filing an amended complaint costs $25.00.
Amended Complaint…………………………………………………. 25.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Certified-mail service for each additional defendant in a complaint costs $7.00.
- each additional defendant by certified mail……………….. 7.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
A complaint for one defendant, including certified mail, costs $100.00.
Complaint (one defendant plus certified mail)………………………$100.00
Page 38 | Appendix B: Schedule of Costs-Civil Division
Fines, costs, and fees may be paid to the Clerk by cash, debit or credit card, Apple Pay, or money order during the stated weekday hours.
Payments for Fines, Costs, or Fees, can be made to the Clerk of Court in the form of Cash, Debit Card, Credit Card, Apple Pay or Money Order between the hours of 8:00 a.m. - 4:00 p.m., Monday - Friday.
Court notice
Page 1 | Payment Methods
The Court will no longer accept personal checks for payments.
The Court will no longer accept personal checks.
Court notice
Page 1 | NOTICE - COSTS CHANGES
Only new traffic citations not requiring a mandatory appearance may be paid online by debit or credit card or by calling the listed number; fines cannot be paid this way.
Traffic violations can be paid on-line using a debit or credit card or by calling 877-341-9588. Payment can only be made for new citations and the citation does not require a mandatory court appearance. Payments cannot be made on fines.
Court notice
Page 1 | Traffic violations
If a civil case settles or is dismissed before trial and all jurors cannot be notified, the party requesting the jury must pay the fees of jurors who report on the trial date.
In the event a civil case is settled or dismissed prior to trial and it is not possible to notify all jurors of such cancellation, the requesting party shall bear the cost of juror fees for those jurors who report on the day of the trial.
Page 6 | Rule No. 8(B) — Civil Jury Trials and Demands
The schedule of costs, security deposits, and filing fees for all cases is established by a separate court order.
The schedule of costs, security deposits and filing fees for all cases in the Portsmouth Municipal Court will be as set forth by separate order of this court.
Page 7 | Rule No. 10 — Civil Court Costs and Security Deposits
If the Court must prepare the journal entry after the 21-day deadline, it may charge a $50 court cost to the party favored by the judgment.
Within twenty-one (21) days of the decision, the journal entry shall be submitted to the judge for signature, or, hereafter, the Court will prepare the journal entry and may charge a Court cost of $50.00 to the party in whose favor an order of judgment is rendered.
Page 19 | Judgment Entries
The listed court cost for a restricted-mail request for each complaint defendant is $0.00; the schedule directs filers to ask the local post office for the restricted-mail rate.
- request for restricted mail, each defendant………………… 0.00*
Page 38 | Appendix B: Schedule of Costs-Civil Division
The listed court cost for a restricted-mail request for each amended-complaint defendant is $0.00; the schedule directs filers to ask the local post office for the restricted-mail rate.
request for restricted mail, each defendant………………… 0.00*
Page 38 | Appendix B: Schedule of Costs-Civil Division
An out-of-state DUI appeal costs $95.00.
Out of state D.U.I. …………………………… 95.00
Page 39
A bank garnishment costs $80.00.
Bank Garnishment…………………………………………. 80.00
Page 39
A jury demand costs $875.00.
Jury Demand………………………………………………. 875.00
Page 39
The bank-garnishment check or money order payable to the bank is listed as “l.00.”
- check or money order made payable to bank…….. l.00
Page 39
A judgment debtor examination costs $25.00, including bailiff service.
Judgment Debtor Examination…………………………….. 25.00 - includes Bailiff service
Page 39
Certified mail for each judgment-debtor-examination defendant costs $7.00.
- for certified mail each defendant…………………. 7.00
Page 39
Storage and/or towing fees are listed at $100.00.
- storage and/or towing fees…………………………… 100.00
Page 39
A wage garnishment costs $80.00.
Wage Garnishment………………………………………… 80.00
Page 39
A forcible entry and detainer filing costs $103.00.
Forcible Entry & Detainer……………………………………. 103.00
Page 39
A small-claim filing costs $63.00 and includes certified mail for one defendant.
Small Claim………………………………………………….. 63.00 - includes certified mail for 1 defendant
Page 39
An order of sale costs $10.00.
- order of sale………………………………………….. 10.00
Page 39
A small-claim counterclaim costs $25.00 and includes certified mail for one defendant.
Small Claim Counterclaim………………………………….. 25.00 - includes certified mail for 1 defendant
Page 39
Notice-of-sale publication costs $175.00.
- notice of sale publication……………………………. 175.00
Page 39
Certified mail for each additional small-claim defendant costs $7.00.
- each additional defendant by certified mail………. 7.00
Page 39
A writ of restitution costs $20.00.
- writ of restitution……………………………………. 20.00
Page 39
Execution costs $30.00.
Execution……………………………………………………… 30.00
Page 39
Notice by publication is listed at $325.00, with publication costs based on actual expenses.
Notice by Publication……………………………………… 325.00 - costs are actual expenses of publication
Page 39
Bailiff service for a small claim costs $20.00.
- Bailiff service…………………………………….. 20.00
Page 39
Transferring a case to another court costs $20.00.
Transfer of Case to Another Court……………… 20.00
Page 40
A notice of appeal costs $100.00, payable to the Clerk of Court for filing the appeal.
Notice of Appeal…………………………………. 100.00 - payment of filing of appeal with Clerk of Court
Page 40
A certificate of judgment for lien attachment or transfer costs $5.00.
Certificate of Judgment…………………………. 5.00 - for purposes of lien attachment/transfer
Page 40
Certified-mail service for one defendant on a motion to vacate, modify, or revive a judgment costs $7.00.
- certified mail service, 1 defendant……… 7.00
Page 40
A subpoena costs $12.00, payable to the witness, and must be filed 72 hours before the hearing.
Subpoena…………………………………………. 12.00 - paid to witness (must file 72 hrs. prior to hearing date)
Page 40
Transferring a small claim to the regular civil docket costs a non-refundable $40.00.
Motion to Transfer Small Claim to regular Civil Docket (non-refundable)………………………….. 40.00
Page 40
Bailiff service costs $5.00 for each subpoena witness.
- Bailiff service, each witness 5.00
Page 40
A subpoena duces tecum costs $15.00, payable to the witness, and must be filed 72 hours before the hearing.
Subpoena Duces Tecum…………………………. 15.00 - paid to witness (must file 72 hrs. prior to hearing date)
Page 40
A motion to vacate, modify, or revive a judgment costs $25.00.
Motion to Vacate, Modify or Revive Judgment…. 25.00
Page 40
Landlord-tenant rent escrow actions have no filing charge, but the rental amount must be deposited.
Landlord-Tenant Rent Escrow Actions………….. (no charge for filing/must deposit rental amount)
Page 40
An exemplified copy costs $5.00.
Exemplified copy………………………………… 5.00
Page 40
Certified-mail service for each additional defendant on a motion to vacate, modify, or revive a judgment costs $7.00.
- each additional defendant by certified mail 7.00
Page 40
Transferring a judgment to this court costs $50.00.
Transfer of Judgment to this Court……………... 50.00
Page 40
A certificate of judgment to the BMV costs $12.00.
Certificate of Judgment to BMV……………….. 12.00
Page 40
If the individual does not file the transferred case themselves, the filing fee required by the receiving court must also be paid.
- plus filing fee required in transferred Court if individual does not file themselves
Page 40
The cost for a bank-returned check is 10.00.
Bank Returned Checks……………………………. 10.00
Page 41 | Civil Court Costs
Certification and authentication of court records costs 1.00 per sheet.
Certification & Authentication of Court Records… 1.00 - each sheet
Page 41 | Civil Court Costs
Trusteeship costs are 20% of gross income after deduction of normal taxes.
20% of gross income after deduction of normal taxes
Page 41 | Civil Court Costs
Computer printouts cost .50 per page.
Computer Printout………………………………… .50 - per page
Page 41 | Civil Court Costs
No jury deposit is required in criminal cases.
In criminal cases, no deposit shall be required.
Page 31
There is no charge for ordinary mail service with an amended complaint.
- no charge of ordinary mail service…………………………. ----
Page 38 | Appendix B: Schedule of Costs-Civil Division
There is no charge for ordinary mail service with a counterclaim, cross-claim, or third-party complaint.
- no charge for ordinary mail service……………………….. ----
Page 38 | Appendix B: Schedule of Costs-Civil Division
There is no charge for ordinary mail service for a complaint.
- no charge for ordinary mail service………………………... ----
Page 38 | Appendix B: Schedule of Costs-Civil Division
Pre-Motion Conference Requirements
Opposing counsel must answer in the same manner within fourteen days; motions are then considered submitted unless the Court extends the time.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court.
Page 17 | D. Judicial Steps—Motions
A motion is submitted on written briefs unless an oral hearing is requested; notice of a request to the Court must previously be given to opposing counsel, and opposing counsel must request a hearing in writing within seven days of receiving the motion.
In the absence of a request to the Court for an oral hearing, notice of which request shall have been previously given to opposing counsel, a motion shall be deemed submitted on written briefs unless the opposing counsel requests in writing an oral hearing, which request shall be submitted within seven (7) days of receiving the motion.
Page 8 | Rule No. 11(D) — Civil Filing of Pleadings, Motions, Etc.
Adjournment & Extension Requirements
A pretrial continuance may be granted only by the Court and requires approval from the judge assigned to the pretrial.
Continuances of pretrials may be granted only by the Court, and no continuance shall be granted without approval of the judge before whom the pretrial is scheduled.
Page 10 | Rule No. 15—Pretrial Procedure for Civil Cases
For a continuance request based on counsel’s conflicting trial setting, the first-set case has priority, and the movant must identify the court and conflicting date.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same ate I the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Movant shall name the court and state the date which the case was scheduled in conflict in order to facilitate this process.
Page 18 | 3. Continuances
A continuance of a trial or hearing requires a written motion from the party or counsel stating the reason.
3. Continuances: No party shall be granted a continuance of a trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 18 | 3. Continuances
An application to continue a pretrial conference must be addressed to the judge assigned to the case.
Any application for continuance of the conference shall be addressed to the judge to whom the case has been assigned.
Page 18 | D. Judicial Steps—Pretrials
A party seeking a continuance of a trial or hearing must submit a written motion stating the reason, subject also to Rule II-17 (D)(4).
No party shall be granted a continuance of a trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance. Rule II-17 (D)(4) shall apply as though fully restated here regarding the requirements for a valid continuance motion.
Page 28 | RULE NO. 43 Caseflow Management in Criminal Cases
A continuance to a particular day will be granted only if the Court is satisfied that it is necessary.
All cases will be heard on the day assigned for pretrial or trial, and continuances to a certain day will only be granted upon the demonstration to the satisfaction of the Court of the necessity for the continuance.
Page 11 | Assignment of Cases-Civil
Other requests to continue a scheduled trial are within the trial court’s discretion.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 19
Chambers Communication Rules
Defense counsel who filed jury demands, and counsel in serious misdemeanors, must notify the Court by 4:00 p.m. on the eighth day before trial of a plea change or change in jury-demand status; otherwise jury costs will be attached to the case.
All defense counsel having filed jury demands (or in serious misdemeanors) shall notify the Court by 4:00 p.m. of the eighth (8th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing by the defendant or jury costs will bee attached to their case.
Page 28 | RULE NO. 43 Caseflow Management in Criminal Cases
Counsel, parties, and witnesses may not contact jurors before the jurors are dismissed.
Under no circumstances shall counsel, a party, or other witness, have any contact with jurors until such jurors have been dismissed.
Page 35
Attorneys interested in representing indigent defendants must inform the Court of their interest.
Attorneys interested in representing indigent defendants shall make it known to the Court.
Page 24 | RULE NO. 35
Prospective jurors must direct questions and communications to assigned court personnel.
Upon appearance for service, all prospective jurors shall be placed under the supervision of assigned court personnel and shall direct any questions or communications to such court personnel for appropriate action.
Page 35
Judge-jury panel communications must be written or placed on the open-court record, and counsel must be informed and given an opportunity to be heard.
All communications between the judge and the members of the jury panel, from the time of reporting to the Court to the time of dismissal, shall be committed to writing or placed on the record in open court. Counsel for each party shall be informed of any communications, and shall be given the opportunity to be heard as to such communication.
Page 35