Rocky River Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A civil continuance motion must be written, supported by good cause, and filed at least seven business days before trial or hearing; an unforeseen emergency may waive the timing requirement.
- Continuance counsel must propose at least two alternative trial dates acceptable to the court and all parties.
- A continuance of a scheduled mediation is granted only for good cause after a mutually acceptable future date is determined, and the request must be in writing.
- A defendant may request a reasonable continuance of the initial arraignment by written motion or by appearing in court at arraignment.
- +1 more
Request must include
- A continuance requires a written motion showing good cause, filed at least 7 calendar days before the hearing, trial, or mediation; the court may waive that timing requirement for an unforeseen emergency.
Communication
Clerk
Phone
Clerk
Fax
Clerk
Page & Word Limits1 rule
J. LENGTH OF DOCUMENT – Facsimile or email filings shall not exceed 10 pages in length.
- Fax or email filing
- Up to 10 pages
Document Format Requirements11 rules
A jury demand must follow the applicable Ohio civil or criminal rule, be written as a separate instrument or prominent caption endorsement, and be filed within the applicable rule’s time frame.
Court's wording
A. Any party desiring a jury trial in a civil case must demand the same in accordance with Rule 38 of the Ohio Rules of Civil Procedure. Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Criminal Rule 23. The jury demand must be in writing either by separate instrument or by prominent endorsement in the caption of a pleading. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Documents must be submitted in PDF or DOC formats. OTHER FORMATS CAN BE CONVERTED TO PDF. CONTACT THE COURT FOR INFORMATION Note: Image types [such as jpg, tif and BPM] can be embedded within PDF or DOC formats.
An electronically filed document requiring an attorney's signature must use the specified slash signature and include the listed attorney and contact information.
- Pleading
- Other document requiring attorney signature
Formatting
- •Use the signature format “/(attorney name)/.”
Court's wording
A pleading or other document requiring an attorney’s signature shall be signed in the following manner if filed electronically: “/(attorney name)/.” The correct format for an attorney signature is as follows: /Ohio Attorney/ attorney’s name (typed) Ohio Supreme Court Number Attorney for (Plaintiff/Defendant) Address Telephone Number Facsimile Number Email Address
If the filing party or attorney elects to file the document electronically the signatories shall be indicated as, e.g., /Jane Doe/, /John Smith/, etc.
- Electronically filed document
Formatting
- •Indicate signatories using slash notation, e.g., /Jane Doe/
Any public record request that seeks information in electronic format will be delivered in PDF format.
- File type
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
All motions must be in writing, on 8 1/2 x 11 paper, with no backing, and served on opposing counsel / pro se litigant.
- Paper size
- Letter
- Motion
When the jury has agreed upon its verdict, the jurors shall sign the appropriate verdict form in ink.
Please complete this form in INK
Formatting
- •Complete the form in ink.
PLEASE PRINT
Formatting
- •Print the questionnaire responses
Please print.
Formatting
- •Please print
Document Filing Requirements52 rules
No recording shall be made of any court proceeding without approval of the judge or magistrate conducting the proceeding. All such recording must conform to the guidelines set forth in Ohio Rules of Superintendence for Ohio Courts. Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
After appearing, an attorney may withdraw only with court permission by written motion stating the reasons, identifying any substitute attorney, and proving notice to opposing counsel and the client.
Court's wording
Once an appearance is made, an attorney may withdraw from a case only with leave of court. Withdrawal shall be permitted only by written motion filed with the court. The motion shall include (1) the specific reasons for requesting withdrawal, (2) the name and address of a substitute attorney, if any, and (3) proof of notification to the opposing attorney and to the client.
A pro hac vice motion must be written, include the specified certificate and certifications, and be cosigned by an Ohio-admitted attorney registered under Rule VI.
Court's wording
The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.
Attorneys, but not pro se litigants, must identify trial counsel and include counsel's specified contact and registration information on filed pleadings, motions, petitions, and similar documents; a law firm may not be designated as trial counsel.
Court's wording
Attorneys practicing before this court (except for pro se litigants) shall designate their capacity as trial counsel on all pleadings, motions, petitions, etc. filed in this court. All such documents shall bear, in addition to the signature of trial counsel, counsel's name, email address, office address and zip code, office telephone number, as well as the number of counsel's Ohio Supreme Court Certificate of Registration, as provided by Ohio Gov. Bar R. VI, § 4. A law firm shall not be designated as trial counsel.
It is the sole responsibility of attorney to provide any change of email address for which assignment notices are sent. Any change of attorney address or email must be submitted in writing to the Clerk of Court at Rocky River Municipal Court. In addition, any filings with this Court must have counsel’s current contact information reflected on all documents.
After permission to appear pro hac vice is granted, the applicant must file the notice and order with the Ohio Supreme Court's Office of Attorney Services within 30 days.
Court's wording
If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.
A. APPLICATION: The attorney must submit a written application to the Administrative Judge. Said application must include the attorney's name, email address, business address, Ohio Attorney Registration Number, and whether the attorney is in good standing with the Ohio Supreme Court. The application shall also include any special areas of expertise, such as
C. Each party shall file, seven (7) full days in advance of trial, a complete set of instructions suitable for charging the jury in the captioned matter.
Parties shall file a trial brief seven (7) full days in advance of trial.
If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice must be attached to the notice.
All motions shall be in writing
1. The person filing a document by fax shall also include a cover page containing all of the following information:
If an exhibit cannot be accurately transmitted with a fax or email filing, an insert page describing the exhibit and why it is missing must replace it.
Court's wording
G. EXHIBITS 1. Each exhibit to a facsimile or email produced document that cannot be accurately transmitted via facsimile transmission or email for any reason must be replaced by an insert page describing the exhibit and why it is missing.
A signed document filed by fax or email must be transmitted either with its physical signature or with an “/s/” notation and signer’s name, and the filer represents that the signed original is in their possession or control.
Court's wording
F. SIGNATURE 1. A party who wishes to file a signed source document by fax or email shall either: a. Fax or email a copy of the signed source document; or b. Fax or email a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document. 2. A party who files a signed document by fax or email represents that the physically signed source document is in his/her possession or control.
A fax filing cover page must provide the listed court, filer, case, document, transmission, page-count, and cost information, where applicable.
Court's wording
a. name of the court b. name, title, telephone number, fax number, and e-mail address of person filing the fax document; c. title of the case; d. case number; e. title of the document being filed (e.g., Defendant Johns’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); f. name of the judge to whom the case is assigned, if any; g. date of fax transmission; h. indication of the number of pages included in the transmission, including the cover page; i. if applicable, a statement explaining how costs are being submitted
A separately filed missing exhibit must have a signed cover sheet with the specified case caption information and must be served under the rules governing pleadings.
Court's wording
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff North Olmsted’s Notice of Filing Exhibit ‘G’ to Plaintiff North Olmsted’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or, by a party not represented by an attorney.
For each electronic document filed, the filer shall submit a Cover Page
An electronic filer need not submit a hard copy but must keep the source document available on request through the case's final disposition and the applicable appeal period.
Court's wording
The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records, and have available for production upon request by the Court, the Clerk of Court or other counsel, the source document of any document electronically filed. c. The filer must maintain this source document until the final disposition of the case and through any Notice of Appeal, or, if appealed, appeal period.
The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document.
the proposed journal entry shall contain, by reference, the case number of the case.
- Document
- Proposed journal entry
Must include
- •Case number
All requests for transcripts of any court proceeding shall be in writing and directed to the judge or magistrate who heard the case. The Court also requires an unopened thumb drive be submitted along with the request.
If movant or movant’s counsel wants a particular reporting firm appointed to transcribe a recording, a motion seeking such appointment must be made.
All requests for a copy of a recording of court proceedings require an unopened thumb drive be submitted along with the request.
At mediation's conclusion, the court must be informed whether mediation occurred or ended, the settlement status, attendance, future sessions, and any applicable additional provisions.
Court's wording
At the conclusion of the mediation and in compliance with R.C. § 2710.06, the court shall be informed of the status of the mediation including all of the following: a. Whether the mediation occurred or was terminated; b. Whether a settlement was reached on some, all or none of the issues; c. Attendance of the parties; d. Future mediation session(s), including date and time; e. [Insert any additional applicable provision(s) that are consistent with R.C. § 2710].
The defendant shall sign a program agreement.
The Clerk of Rocky River Municipal Court shall require the filing of a written complaint or uniform traffic ticket before placing an individual's name on the traffic / criminal docket.
A not-guilty plea letter must include counsel's specified contact and registration details, address speedy-trial and jury-trial rights, and state whether the defendant is willing to have the case heard by a magistrate; omissions have stated consequences.
Court's wording
The letter shall include counsel’s name, email address, office address and zip code, office telephone number, and counsel’s Ohio Supreme Court Certificate of Registration Number. The letter shall demand or waive the defendant’s right to a speedy trial, demand or waive the defendant’s right to a jury trial if the offense is one that provides a right to a jury trial and indicate if the defendant is willing to have his case heard by a magistrate. If right to a speedy trial is not addressed, the court will presume that a right to speedy trial is not waived and schedule accordingly. If right to a jury trial is not addressed, that right is waived pursuant to Ohio Rule of Criminal Procedure 23.
All motions must be accompanied by a written memorandum containing argument and citations.
Motions for joinder, consolidation, or separation must be addressed to the administrative judge, and enough copies must be provided to the clerk for every affected file or the partial filing will be stricken.
Court's wording
Motions for joinder, consolidation and separation of civil cases shall be addressed to the administrative judge. The clerk of court shall be provided with a sufficient number of copies of any motion filed in accordance with this rule to include a copy in each file affected by the motion. Failure to comply with this provision will result in such partial filing being stricken.
When the plaintiff is a corporation, the complaint must be signed and prosecuted by an attorney.
Proof of damages must be submitted to the court by affidavit or testimony.
A complaint in Forcible Entry and Detainer shall be filed and shall contain a reason for the eviction, a copy of the notice under ORC § 1923.04, and a copy of the written instrument upon which the claim is founded.
For cases based on an account, the account statement must be submitted, along with proof by affidavit or testimony that no subsequent payments have been made on the account.
Unless good cause is shown, a motion to transfer to the regular docket shall accompany all timely, written counterclaims and crossclaims in excess of $6,000.00 (or the jurisdictional limit) and shall be transferred to the regular docket.
It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the court to also file a motion to certify the case to the Court of Common Pleas.
A jury demand shall not be allowed in a case filed in the Small Claims Division unless accompanied by a proper and timely motion to transfer to the regular docket.
Such action shall be prompted by the filing of a written jury demand, if required by the Ohio Rules of Civil and Criminal Procedure, in cases that have not been resolved at pre-trial or other appropriate hearing.
The summons must provide the listed service, travel, compensation, accessibility, response, and reporting-status information.
Court's wording
The Summons shall include the following information: the date of service, directions to the court, parking, public transportation, per diem compensation set by the most current Administrative Journal Entry setting such rate, attire, meals and how to obtain auxiliary aides and services required by the Americans with Disabilities Act. It shall further explain how and when the recipient must respond, the consequences of a failure to respond, and how the recipient may check reporting status by phone. (Ohio Jury Management Standard 1 and 11) (Attachment B).
The Summons shall indicate that the term of service for any prospective panel shall be one day or the completion of one trial, whichever is longer. (Ohio Jury Management Standard 5)
The Summons shall also indicate that written forms for seeking disqualification, exception or deferral are available from the court at the clerk’s office or on the court’s website at www.rrcourt.net. (Attachment C).
All requests for excusal, exemption or deferral must be made on the appropriate form described in Rule 4, and attached as an Appendix to this Rule. (Attachment C).
The court must record its final instructions, provide at least one copy or recording to the jury for deliberations, and preserve them for the record.
Court's wording
The court shall read the appropriate final instructions. The court shall reduce its final instructions to writing or make an audio, electronic or other recording of those instructions, provide at least one written copy or recording of those instructions to the jury for use during deliberations, and preserve those instructions for the record.
To achieve these goals, the court shall adopt and utilize a juror exit survey, (see Attachment D) along with maintaining regular data on all jury pools as maintained by the jury administrator.
ALL QUESTIONS MUST BE ANSWERED
To overcome the presumption of a personal bond, the police officer and/or law department must provide the court with written Criminal Rule 46 information, including the listed categories.
Court's wording
In order to overcome the presumption of a personal bond, the police officer and/or law department shall provide information in accordance with Criminal Rule 46 to the court in writing, including: A. Record of criminal convictions for any: (1) Offenses of violence as defined by R.C. 2901.01, (2) Criminal cases within the past five (5) years other than minor misdemeanors, and (3) Major traffic offenses as defined by Traffic Rule 13(B), B. If the defendant is currently on community control supervision / probation, parole or post-release control and the name of the court, C. The nature and circumstances of the offense charged, which may include the police report, including: (1) Injury to victim and/or damage to property, (2) Use of weapon in offense possession, ownership, or access to a firearm or whether the defendant has a CCW permit, (3) Alcohol or drug related or involved, D. Active warrants with verification for pickup, E. Known medical, mental health, and/or substance abuse issues, F. Booking screening information if arrested, or if arrested with no booking screen information, an explanation for absence, G. Known occupation or source of income/support, and H. Any other information requested by the judge or presented by the government based on the circumstances of the case.
Upon receipt of a properly executed and signed User Agreement Form, the Clerk of Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing document.
The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.
Attorneys may submit a Mediation Case Summary voluntarily, but must submit one if the judge or magistrate requires it; a submitted summary should contain the applicable listed information.
Court's wording
8. Mediation Case Summary - Attorneys may, at their option, or must if required on a specific case by the judge and / or magistrate, submit a “Mediation Case Summary” to the mediator which shall contain the following (insert applicable provisions, such as): a. Summary or material facts. b. Summary of legal issues. c. Status of discovery d. List special damages and summarize injuries or damages. e. Settlement attempts to date, including demands and offers.
No oral agreement by counsel or with parties or an officer of the court will be regarded unless made in open court.
The court shall prepare judgment entries. However, when ordered by the court, counsel for the party in whose favor an entry, order, judgment, or decree is entered, shall prepare a proper Journal Entry and submit it to the court.
A moving party, at the time of filing a motion, may submit with that motion a proposed journal entry granting the motion and setting forth the requested relief.
Filing & Service rules
Electronic Filing Rules
Attorneys must submit all civil filings through the Court’s eFiling web portal; fax, email, mail, and personal delivery at court are not accepted from attorneys in civil cases.
1. After January 1, 2015, the Court shall no longer accept fax filings, email filings, filings by mail or filings personally presented at court by an attorney on a CIVIL case. All CIVIL filings submitted by an attorney shall be required to be submitted to the Court via the Court’s eFiling web portal only (see RULE 1.16.2).
Page 12 | RULE 1.16.1 FAX FILING / EMAIL FILING
Fax filings must be transmitted through the clerk of court’s facsimile equipment and may not be sent directly to the court.
Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through the facsimile equipment operated by the clerk of court.
Page 14 | H. TIME OF FILING
Beginning January 1, 2015, attorneys must transmit all civil filings to the court via the court’s web channel; the sentence is incomplete in this excerpt.
A. NOTICE: BEGINNING JANUARY 1, 2015, ALL CIVIL FILINGS SUBMITTED BY AN ATTORNEY SHALL BE TRANSMITTED TO THE COURT VIA THE COURT’S WEB
Page 14 | RULE 1.16.2 EFILING
Pre-registration is required for web portal access and is available at the Court’s website.
PORTAL. PRE-REGISTRATION FOR WEB PORTAL ACCESS IS REQUIRED AND IS AVAILABLE AT WWW.RRCOURT.NET .
Page 15 | C. ELECTRONIC FILING POLICY
No person may use or allow another person to use someone else’s password for electronic filing.
No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 16 | C. ELECTRONIC FILING POLICY, 3. Accepted Filings
If an original document requires a non-attorney's signature, the filing party or Clerk's Office must scan the original and electronically file it.
If an original document requires a signature of a non-attorney, the filing party or the Clerk’s Office shall scan the original document and, then electronically file it on the System.
Page 18 | 14. Signatures
Attachments and exhibits are to be filed electronically.
Attachments and exhibits are to be filed electronically.
Page 18 | 13. Attachments and Exhibits
Attachments or exhibits over 30 megabytes cannot be filed electronically and must instead be submitted in hard copy and served on all other parties.
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 18 | 13. Attachments and Exhibits
A party seeking to file an unredacted document must electronically file a motion to file it under seal.
The party seeking to file an un-redacted document shall electronically file a motion to file the document under seal.
Page 19 | 16. Privacy
After an electronically submitted document becomes part of the docket, only the Clerk’s Office may correct the docket, and the filing party cannot change the document or docket entry after acceptance.
Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk of Court’s Office. b. The System does not permit a filing party to make changes to the document(s) or docket entry once the transaction has been accepted.
Page 20 | 18. Correction of Docket Entries / Documents Filed in Error
If problems on the filer’s end prevent electronic filing, the filer must file a hard copy with the Clerk of Court.
A filer who cannot file a document electronically due to problems on the filer’s end, must file a hard copy of the document with the Clerk of Court.
Page 20 | 17. Technical Failures
An attorney may authorize only the attorney’s employee or a retained e-filing service provider to file on the attorney’s behalf.
No attorney shall authorize any person to electronically file on that attorney’s behalf, other than his or her employee or a service provider retained to assist in electronic filing.
Page 15 | C. ELECTRONIC FILING POLICY, 3. Accepted Filings
Third-party electronic filing providers are not acceptable.
NOTE: Third party electronic filing providers are not acceptable.
Page 16 | C. ELECTRONIC FILING POLICY, 4. Account Assignment
An electronically file-stamped document cannot be altered after acceptance into the system.
After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.
Page 17 | 9. Electronic File Stamping
Anyone electing to file electronically bears the risk of delays, interruptions, readability problems, and resulting filing failures.
Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of electronic signals and readability of the document and, accepts the full risk that the document may not be properly filed with the Clerk of Court as a result.
Page 17 | 8
The Clerk of Court may deny e-filing access to a party, firm, or agency for habitual nonconformance or uncorrected equipment incompatibility.
The Clerk of Court reserves the right to deny any party, firm, or agency the use of eFiling due to habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected.
Page 20 | C. NONCONFORMANCE RULE
If a document has been filed in error, the filing party should not attempt to re-file the document.
If a document has been filed in error, the filing party should not attempt to re-file the document.
Page 20 | 18. Correction of Docket Entries / Documents Filed in Error
Complaints, pleadings, and other documents may be filed electronically with the Clerk, subject to the rule’s provisions.
In conformity with Ohio Revised Code, Ohio Civil Rule 5(E) and Criminal Rule 12(B) and, as approved (provisionally) by the Ohio Supreme Court on Technology and the Courts, complaints, pleadings and other documents may be filed with the Clerk of Court electronically via the Internet, subject to the provisions in this rule.
Page 15 | C. ELECTRONIC FILING POLICY
The Clerk receives electronic documents 24 hours a day, seven days a week, even when the Clerk’s office is closed.
The Clerk of Court shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk’s office is actually open.
Page 16 | C. ELECTRONIC FILING POLICY, 5. Hours of Operation
An electronically filed document is accepted as the original filing if the filer complies with the Local Rule's requirements.
A document electronically filed shall be accepted as the original filing, consistent with Ohio Civil Rule 5(E) and Criminal Rule 12(B) if the person filing electronically complies with all of the requirements set forth in this Local Rule.
Page 17 | 10. Disposition and Maintenance of Source Documents
Filing Timing and Cure Windows
A courtroom broadcast, recording, photography, or television request must be made no later than one-half hour before the session unless the trial judge permits otherwise.
Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
Page 7 | RULE 1.3 PUBLIC USE OF COURTROOMS
The pro hac vice notice and order must be filed within 30 days after permission is granted.
If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.
Page 8 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
A motion to withdraw must be filed at least seven days before the next scheduled hearing.
Said motion shall be filed at least seven (7) days prior to the next scheduled hearing.
Page 8 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
Jury demands must be filed within the time frame set by the applicable Ohio civil or criminal rule.
A. Any party desiring a jury trial in a civil case must demand the same in accordance with Rule 38 of the Ohio Rules of Civil Procedure. Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Criminal Rule 23. The jury demand must be in writing either by separate instrument or by prominent endorsement in the caption of a pleading. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Page 11 | RULE 1.13 JURY DEMAND
Trial briefs must be filed seven full days before trial.
Parties shall file a trial brief seven (7) full days in advance of trial.
Page 11 | RULE 1.13 JURY DEMAND
Jury instructions must be filed seven full days before trial.
C. Each party shall file, seven (7) full days in advance of trial, a complete set of instructions suitable for charging the jury in the captioned matter.
Page 11 | RULE 1.13 JURY DEMAND
Motions must be filed timely in accordance with the applicable Ohio Rules and Statutes.
All motions shall be in writing and timely filed
Page 11 | RULE 1.12 MOTIONS
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax or email document is filed, or the court may strike the document or exhibit.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile or email document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 13 | G. EXHIBITS
An accepted fax or email filing is deemed filed at the date and time the clerk time-stamps its receipt, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax or email and accepted by the clerk shall be considered filed with the clerk of court as of the date and time the clerk time-stamps the document received as opposed to the date and time of the fax or email transmission.
Page 14 | H. TIME OF FILING
Fax and email filings received after the court closes, including filings received after 4:30 PM, are deemed filed when the court next opens for business.
The office of the clerk of court will be deemed open to receive facsimile or email transmission of documents on the same days and at the same time the court is regularly open for business. Therefore, a fax or email filing received after the court closes on a given business day will be deemed filed with the clerk of court as of the opening of the next business day. 2. If received after 4:30 PM, that filing would be considered filed as of the following day the court is open for business.
Page 14 | H. TIME OF FILING
The effective filing date and time for a motion is the receipt-and-upload timestamp shown on the submitted document.
Effective Date and Time of Filing of a Motion – means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.
Page 15 | B. DEFINITIONS
The effective filing date and time for a new complaint is the receipt-and-upload timestamp shown on the submitted document.
Effective Date and Time of Filing of a New Complaint – means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.
Page 15 | B. DEFINITIONS
A document is timely if filed before 4:30 p.m. Court time on its due date, unless the assigned judge orders a different time or date; Court time is Eastern Standard/Daylight Savings time.
A document will be deemed timely when filed prior to 4:30 p.m. the afternoon of the due date, unless the assigned judge has ordered the document filed by a different time /date. Time at the Court (Eastern Standard/Daylight Savings) governs, rather than the time zone from which the filing is made.
Page 16 | C. ELECTRONIC FILING POLICY, 5. Hours of Operation
For a rejection caused by technical errors, a filer seeking relation back must file a motion for relief.
If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the filer must file a motion with the Court seeking relief.
Page 17 | 8
A rejected filing may retain its original filing date and time if resubmitted by email within 24 hours after the rejection email was sent.
A rejected filing may be resubmitted to the Clerk of Court in order to retain the original date and time of filing. f. Rejected filings which are resubmitted via electronic mail must be received by the Clerk of Court within twenty-four (24) hours of the time that the rejection electronic mail message was sent by the Clerk of Court in order to retain the original date and time of filing and confirmation number.
Page 17 | 8
An attorney or party challenging an electronically filed document or signature must file an objection within 10 days after receiving the filing notice.
Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.
Page 18 | 14. Signatures
The motion must be docketed before the proposed journal entry is submitted to the judge.
The motion shall be docketed prior to submitting the proposed journal entry to the judge
Page 19 | 15. Orders (Journal Entries)
A non-filing signatory or party disputing the authenticity of a multi-signature electronic filing or its signatures must object within ten days of receiving the electronic filing notice.
A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten days of receiving the notice of electronic filing.
Page 19
Transcriptions must be filed with the court immediately after completion.
All transcriptions must be filed with the court immediately upon completion.
Page 21 | RULE 1.18 B. TRANSCRIPT OF PROCEEDING
A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment provided that the letter is sent by retained or court appointed counsel.
A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment provided that the letter is sent by retained or court appointed counsel.
Page 28 | RULE NO. 2.2 ARRAIGNMENT
Motions and responses must be filed within the time guidelines in the Ohio Rules of Civil Procedure.
Motions and responses must be filed within the time guidelines set forth in the Ohio Rules of Civil Procedure.
Page 30 | RULE NO. 3.3 PLEADINGS AND MOTIONS
The adverse party must file its opposition brief within 14 days after service of a summary judgment motion.
The adverse party shall file a brief in opposition within fourteen (14) days after service of the motion.
Page 31 | Motions for Summary Judgment
A party opposing a motion other than summary judgment must serve and file its opposition brief within 7 days after service, unless the Ohio Rules of Civil Procedure provide a longer period.
Each party opposing a motion other than Motion for Summary Judgment shall serve and file a brief in opposition within seven (7) days of service of said Motion, unless a longer time period is provided in the Ohio Rules of Civil Procedure.
Page 31 | Motions other than for Summary Judgment
When default judgment is available because the defendant failed to answer or appear, the plaintiff must file the motion within 90 days after receiving notice of the default.
In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, the motion for default judgment must be filed within 90 days from the time that plaintiff has notice of such default.
Page 31 | RULE NO. 3.6 DEFAULT JUDGMENTS
A motion to transfer without an over-limit counterclaim or crossclaim must be filed 7 days before trial and may be transferred to the regular docket.
A motion to transfer (without a counterclaim or crossclaim in excess of $6,000.00) must be filed seven days before trial and may be transferred to the regular docket.
Page 33 | RULE NO. 3.10 SMALL CLAIMS — C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
The transfer requirements must be satisfied within 14 days of entry of the change-of-venue order, or the action may be dismissed.
Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.
Page 33 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS
After transfer, the defending party has 28 days from judicial assignment to move or plead.
After transfer, the defending party shall have 28 days from judicial assignment, to move or plead.
Page 33 | RULE NO. 3.10 SMALL CLAIMS — C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
The certification requirements must be met within 30 days after filing the counterclaim, crossclaim, or third-party complaint, or dismissal may be sought under Civil Rule 41(B).
Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civil Rule 41(B).
Page 33 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS
The required cost deposit must be made within 14 days after receipt of the file, or the file may be returned to the transferor court.
Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.
Page 33 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS
The completed questionnaire must be returned within 10 days.
RETURN IT WITHIN 10 DAYS.
Page 45 | ATTACHMENT A – JURY QUESTIONNAIRE LETTER TEXT
Complete and return the form to the Clerk of Court within two days of receipt.
Instructions: Complete this form and return it to the Rocky River Municipal Court Clerk of Court within two (2) DAYS OF RECEIPT (Court Fax Number: (440) 356-5613).
Page 47 | ATTACHMENT C
A document filed by fax or email shall be accepted as the effective original filing. The person making a fax or email filing need not file any source document with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
A document filed by fax or email shall be accepted as the effective original filing. The person making a fax or email filing need not file any source document with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
Page 12 | RULE 1.16.1 FAX FILING / EMAIL FILING
For a fax sent without the required cover-page information, the clerk may file it or place it in the failed-fax file, in which case it is not filed.
If a document is sent by fax to the clerk without the cover page information listed above, the clerk may do either of the following: a. enter the document in the case docket and file the document; b. deposit the document in a file of failed faxed documents with a notation of the reason for the failure (omission of cover page). The document shall not be considered filed with the clerk.
Page 13 | Fax filing
A corrective filing sent after the 24-hour resubmission period is treated as a new filing, and the prior confirmation number expires.
A corrective filing may, however, be sent at a later time if the filer elects to do so, but after the twenty-four (24) hour period expires, this filing will be considered a new filing and the prior confirmation number will have expired.
Page 17 | 8
A filing party whose filing becomes untimely because of a court-system or filer-side technical failure may seek appropriate relief from the Court.
A filing party whose filing is made untimely as a result of a technical failure of the Court’s system or site, or as a result of the problems on the filer’s end, may seek appropriate relief from the Court.
Page 20 | 17. Technical Failures
A confirmation number is assigned when the Clerk’s receiving device receives the entire filing.
A confirmation number will be assigned to each filing when it is received in its entirety by the Clerk of Court’s receiving device.
Page 16 | C. ELECTRONIC FILING POLICY, 8. Filing Acceptance or Rejection Cycle
Upon successful transmission, the filer’s computer screen displays the confirmation number and filing date and time.
The confirmation number and the date and time of the filing will be displayed on the screen of the filer’s computer upon successful transmission of the filing.
Page 16 | C. ELECTRONIC FILING POLICY, 8. Filing Acceptance or Rejection Cycle
Each electronically filed document receives an acknowledgment showing a confirmation date and time.
All electronically filed documents shall receive a confirmation date and time acknowledgement.
Page 16 | C. ELECTRONIC FILING POLICY, 5. Hours of Operation
After acceptance processing, an electronically filed document is stamped with the time the Clerk's receiving device received the full transmission and the case number.
Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically file stamped. b. This stamp will include the date and time that the receiving device of the Clerk of Court received the entire transmission as well as the case number of the filing.
Page 17 | 9. Electronic File Stamping
The Clerk’s Office may deem the website to have a technical failure if it cannot accept filings continuously or intermittently for more than one hour after 10:00 a.m. that day.
The Clerk of Court’s Office may deem the internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day.
Page 20 | 17. Technical Failures
Service and Proof of Service Rules
After counsel appears, journal entries, court documents, court orders, and trial assignments must be served on designated counsel at the email address provided to the court.
Upon the entry of appearance of counsel, all journal entries, court documents, court orders and trial assignments shall be served upon the designated counsel at the email address that the attorney provides Rocky River Municipal Court.
Page 8 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
Motions must be served on all appropriate parties in accordance with Ohio Rules and Statutes.
served on all appropriate parties in accordance with Ohio Rules and Statutes.
Page 11 | RULE 1.12 MOTIONS
A missing exhibit filed separately must be served in conformance with the rules governing service of pleadings.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff North Olmsted’s Notice of Filing Exhibit ‘G’ to Plaintiff North Olmsted’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 14 | G. EXHIBITS
A filer may not transmit service copies by facsimile or email.
K. SERVICE COPIES - The filer shall not transmit service copies by facsimile or email.
Page 14 | K. SERVICE COPIES
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 18 | 13. Attachments and Exhibits
Electronically filed documents must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.
Documents filed electronically with the Clerk of Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.
Page 18 | 12. Service of Documents
After appearing, a party must provide an email address, and subsequent service must be electronic where possible.
Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronically, where possible.
Page 18 | 12. Service of Documents
The Clerk must accept service-of-process methods outlined in Civil Rule 4.1, including virtual service.
The Clerk of the Rocky River Municipal Court shall accept service of process methods as outlined in Civil Rule 4.1 which methods shall include “virtual” service of process.
Page 20 | RULE 1.17 SERVICE OF PROCESS
When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 29
Motions must be served on opposing counsel or the pro se litigant.
All motions must be in writing, on 8 1/2 x 11 paper, with no backing, and served on opposing counsel / pro se litigant.
Page 30 | RULE NO. 3.3 PLEADINGS AND MOTIONS
Summonses must be served under the Ohio Rules of Civil Procedure; if service is not obtained within six months after filing and good cause is not shown, the action must be dismissed without prejudice as to that defendant, with notice.
The summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the clerk of court shall notify counsel immediately. If counsel/pro se litigant fails to obtain service of the summons and complaint within 6 months from the date the case has been filed and the party on whose behalf such service was required cannot show good cause why such service was not made, the action shall be dismissed as to that defendant without prejudice upon the court’s own initiative with notice to such party or upon motion.
Page 30 | CIVIL / SMALL CLAIMS MANAGEMENT
The defendant must be served at least 7 days before the forcible entry and detainer trial date.
Defendant shall be served at least seven (7) days prior to the date set for trial.
Page 31 | RULE NO. 3.7 FORCIBLE ENTRY AND DETAINER
A party opposing a motion other than summary judgment must serve its opposition brief within 7 days after service, unless the Ohio Rules of Civil Procedure provide a longer period.
Each party opposing a motion other than Motion for Summary Judgment shall serve and file a brief in opposition within seven (7) days of service of said Motion, unless a longer time period is provided in the Ohio Rules of Civil Procedure.
Page 31 | Motions other than for Summary Judgment
When the judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to purchase a writ and serve a copy on the defendant or defendants.
Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Purchase a Writ and serve a copy of the motion on the defendant(s).
Page 32 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
The jury administrator must mail each selected person a questionnaire or qualification form as soon as possible after receiving the pool names.
As soon as possible after receiving the names from the jury pool, the jury administrator, on an ongoing as needed basis, shall mail to each person whose name is drawn a juror questionnaire or jury qualification form. The form shall indicate that a jury summons may issue in the ensuing year for service as a prospective juror (Attachment A).
Page 37 | RULE 1.20.5 NOTICE OF SELECTION FOR JURY POOL AND SUMMONS FOR JURY SERVICE
The jury administrator must send the court-ordered summons at least 14 days before trial, unless a judge orders less notice in the stated circumstances.
Upon notice of a staff member of the Judge conducting the upcoming jury trial, the jury administrator shall send Summons upon Court Order at least fourteen (14) days in advance of the scheduled trial date. A judge may order prospective jurors to appear upon less notice when, in the course of jury selection, it becomes apparent that additional prospective jurors are required in order to complete jury selection, or where there is not a waiver of speedy trial in a criminal case.
Page 37 | RULE 1.20.5 NOTICE OF SELECTION FOR JURY POOL AND SUMMONS FOR JURY SERVICE
Prospective jurors must be notified by regular mail of their service obligation 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 (see Attachment B).
Page 37 | RULE 1.20.5 NOTICE OF SELECTION FOR JURY POOL AND SUMMONS FOR JURY SERVICE
Before a summons is issued, each prospective juror must previously have been requested to complete a basic jury questionnaire sent by the jury administrator.
All prospective jurors will have previously been requested to complete the basic jury questionnaire form that will have been sent by the jury administrator prior to the Summons being issued (see Attachment A).
Page 38 | RULE 1.20.5 NOTICE OF SELECTION FOR JURY POOL AND SUMMONS FOR JURY SERVICE
Virtual service of process may be reviewed or challenged under Civil Rule 4.1, and service confirmation data is available through the Clerk’s Office.
All service of process of complaints or other documents served with virtual services of process are subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process data being made available through this Clerk’s Office.
Page 21
After a judgment or proceedings transcript is transferred and docketed, the clerk must notify the original court by mail.
Pursuant to provisions of ORC §2329.02, the clerk of court shall accept for filing, a Certificate of Judgment or a Transcript of the Proceedings of the original court which shall be docketed and numbered as if originally filed in this court and the clerk shall notify the original court by mail that such transfer has been made.
Page 33 | RULE NO. 3.9 TRANSFER OF JUDGMENT
The Clerk may use eCertified mail for service; it supplements rather than modifies Civil Rule 4.1(A)(1)(a).
The Clerk may choose to utilize service by eCertified mail. This advanced postal technology does not modify Civil Rule 4.1(A)(1)(a) Service by United States certified or express mail, but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the court’s website to show to whom the mail was delivered, the date of delivery, and address where delivered, all in accordance with the now-existing Civil Rules.
Page 20 | RULE 1.17 SERVICE OF PROCESS
The Clerk may use a commercial-carrier service under Civil Rule 4.1(A)(1)(b), choosing the service deemed most effective.
The Clerk may also choose to utilize service of process methods as outlined in Civil Rule 4.1(A)(1)(b) Service by commercial carrier service using the specific service that the Clerk deems most effective for the purpose.
Page 20 | RULE 1.17 SERVICE OF PROCESS
Filing Fees and Waivers
In civil cases, the jury-demand cost is due when the demand is made and the jury deposit is due by noon the day before trial; the costs may be waived upon evidence of indigency and approval by the assigned judge.
B. The party demanding the jury in a civil case shall pay the Jury Demand Civil Cost at the time the demand is made and the Jury Deposit Civil Cost no later than noon on the date prior to the trial. The cost requirement may be waived upon the presentation of evidence, which establishes the indigency of the party demanding the jury, and upon approval of the judge assigned to the case.
Page 11 | RULE 1.13 JURY DEMAND
A fax or email filing that requires a fee will not be accepted until costs and fees are paid by credit or debit card, with complete authorization information and compliance with applicable rules.
No document filed by facsimile or email that requires a filing fee at the time of filing shall be accepted by the clerk for filing until court cost and fees have been paid by a credit or debit card (VISA, Discover, or MasterCard). The forms necessary for the authorization of payment by credit card shall be available at the Clerk’s Office during normal business hours and are accessible online at www.rrcourt.net. Documents tendered to the clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.
Page 14 | I. FEES AND COSTS
Normal filing fees and case payments are collected by user credit card when the filing is processed, and the Clerk may assess a credit-card surcharge in an amount it determines.
The Clerk of Court shall assess normal filing fees and case payments will be collected via user credit card at the time the filing is processed. Pursuant to §301.28(E) and (F) of the Ohio Revised Code, a surcharge for credit card use may be assessed in an amount to be determined by the Clerk of Court.
Page 16 | C. ELECTRONIC FILING POLICY, 7. Fees
Civil filings require the security costs specified in the civil costs schedule, subject to court-ordered or legal exemptions; a judge may excuse a person unable to pay upon an appropriate affidavit.
No action, proceeding, motion or other document shall be accepted for filing by the clerk of court unless there first shall be deposited the sum of not less than the amount specified in the civil costs section as security costs, unless otherwise ordered by the court or otherwise exempted by law. The schedule of court costs in the civil division is set by administrative order. The schedule is available at the clerk of court’s office or at the court’s web site. Those persons unable to post the required security for costs may be excused from the same upon filing of an appropriate affidavit, when approved by the judge assigned to the case.
Page 30 | CIVIL / SMALL CLAIMS MANAGEMENT
A motion to certify must include a check or money order payable to the Court of Common Pleas for at least the specified security-cost amount.
The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court.
Page 33 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS
A case transferred to this court will not be filed and docketed until sufficient security for costs has been deposited.
The clerk shall not file and docket any case transferred to this court pursuant to venue change in application of Civil Rule 3(C) until a sum sufficient to secure costs has been deposited.
Page 33 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS
Before a venue-change transfer, all costs must be paid and a check payable to the transferee court for sufficient security costs must be deposited with the clerk.
The clerk shall not transfer any case pursuant to venue change in application of Civil Rule 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the clerk to accompany the file upon transfer.
Page 33 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS
In a civil case, failure to pay either the jury deposit fee or demand fee is deemed a waiver of the right to a jury trial.
In the event either deposit fee or the demand fee is not made, this shall be deemed a waiver of the right to a trial by jury in the civil case.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
A jury demand fee set by the court’s current schedule is assessed in civil cases and must accompany a complaint or responsive pleading when the jury demand is made with that pleading.
In civil cases, a jury demand fee in an amount indicated in the court’s most recent Administrative Journal Entry/Schedule of Court Costs, shall be assessed. If the jury demand is made upon the filing of a complaint or made upon the filing of a responsive pleading, the jury demand fee, in the amount set by said Administrative Entry shall accompany said pleading.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
The jury deposit fee, set by the court’s current schedule, must be receipted by the Clerk’s Office by noon one business day before trial; any remaining juror expense is added to the case costs.
One (1) business day prior to the trial date, the jury deposit fee must be receipted by the Clerk’s Office by noon. This jury deposit fee (as listed in the court’s most recent Schedule of Court Courts), shall be used to pay the prospective jurors who have been called in response to the jury demand. The jury deposit fee will not completely cover the juror expense. The remainder of the juror expense will be added to the court costs of the case at hand.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
Jury costs need not be prepaid in criminal/traffic cases.
There is no prepayment of jury costs in criminal/traffic cases.
Page 11 | RULE 1.13 JURY DEMAND
The Court does not maintain electronic billing or debit accounts for lawyers or law firms.
The Court shall not maintain electronic billing or debit accounts for lawyers or law firms.
Page 16 | C. ELECTRONIC FILING POLICY, 7. Fees
Personal checks are not accepted.
No personal checks will be accepted.
Page 16 | C. ELECTRONIC FILING POLICY, 7. Fees
The Selective Intervention Diversion Program has a diversion fee.
There is a diversion fee for the program.
Page 26 | Rule 2.1 Diversion Programs
A defendant whose charges are dismissed after successful completion of the diversion program must pay the associated court costs.
The defendant shall pay the court costs associated with the dismissal.
Page 26 | Rule 2.1 Diversion Programs
When multiple civil trials are set for the same date, jury costs are assessed to the last case settled on the trial date.
In cases where multiple civil trials are set for the same date, jury costs shall be assessed to the last case settled on the date of the jury trial, as substantial efforts have been made by the court to have all issues resolved prior to trial.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
For multiple criminal or traffic trials set on the same date, the judge assesses jury-service payments according to the parties’ agreement and the prosecution’s motion, with costs allocated to the defendant or State/City as specified, subject to the stated exceptions.
In cases where multiple criminal/traffic trials are set for the same date, the individual jury service payment shall be assessed at the discretion of the judge per agreement of the parties. Ultimately, said costs will be assessed based on the motion of the prosecution. If the agreement is the defendant is to pay costs, all court costs shall be assessed to the defendant unless otherwise agreed. If the agreement is that the State or the City pay costs, the cost of summoning the jury, as well as other court costs, including the cost of paying juror fees will be assessed to the State or City based on the complaint in the file unless amended, unless otherwise agreed by the parties.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
The party requesting a jury trial is assessed the jury-summoning costs set by the court’s current schedule.
Those costs associated with the summoning of a jury as set by the court’s most recent Administrative Journal Entry/Schedule of Costs, shall be assessed to the party requesting the jury trial.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
An indigent person may petition for waiver of the jury deposit, and parties in criminal or traffic cases are not required to pay it.
A person determined to be indigent may petition the court for a waiver of the jury deposit requirement. No deposit shall be required of a party in a criminal / traffic case.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
If a civil case settles on the jury-trial date, all lawful costs are assessed against the party requesting the jury unless a consent entry provides otherwise.
If a civil case is settled on the date of the jury trial all lawful costs shall be assessed against the party who requested the jury, unless otherwise agreed by consent entry.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
If a criminal defendant fails to appear without good cause before the jury is sworn, costs for that morning’s jurors may be included in prosecution costs.
ORC §2947.23(A)(2)(b) effective May 18, 2005 provides that if a jury has not been sworn at the trial of a criminal case, and the defendant fails to appear without good cause, the costs incurred for that morning’s jurors for that particular trial may be included in the costs of prosecution.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
Court-cost schedules for criminal/traffic and civil/small-claims cases are set by administrative order and are available from the Clerk or the Court’s website.
The schedules of court costs for criminal/traffic cases as well as for civil/small claims cases are set by administrative order. The schedules are available at the Clerk of Court’s office and are posted on the Court’s website at www.rrcourt.net.
Page 11 | RULE 1.11 COURT COSTS
No additional fee is charged for facsimile filings.
No additional fee shall be assessed for facsimile filings.
Page 14 | I. FEES AND COSTS
The parties are not charged for mediation services.
F. FEES AND COSTS - Mediation services are provided at no cost to the parties.
Page 25 | Fees and Costs
If a jury has been sworn in a civil case, juror fees are paid from the public treasury from which the jurors were paid.
If a jury has been sworn at the trial of a civil case, the fees of the jurors shall be paid to the public treasury from which the jurors were paid.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
A movant must comply with Local Rule 29 for jury demands and pay all required fees and deposits.
The movant must comply with Local Rule 29 regarding jury demands and all required fees and deposits must have been paid.
Page 34 | RULE NO. 3.10 SMALL CLAIMS — C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
Sealing & Redaction Procedures
Filing parties must omit or, when necessary, partially redact the listed identifiers and information from pleadings, documents, and exhibits, unless the assigned judge orders otherwise.
Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: Social security numbers except for the last four digits; Financial account numbers, including but not limited to debit card, charge card, and credit card numbers; Employer and Employee identification numbers; A juvenile’s name in an abuse, neglect, or dependency case, except for the juvenile’s initials or a generic abbreviation such as “CV: for “child victim”; Proprietary or trade secret information.
Page 19 | 16. Privacy
With court permission, a party may file an unredacted document under seal by electronically filing a motion to seal; the judge may require a redacted public-record copy.
With permission of the Court, a party may file, under seal, a document containing the un-redacted personal data identifiers listed above. (1) The party seeking to file an un-redacted document shall electronically file a motion to file the document under seal. (2) In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.
Page 19 | 16. Privacy
The filing party alone is responsible for redacting personal data identifiers; the Clerk’s Office will not review or redact documents.
The responsibility for redacting personal data identifiers (i.e., social security numbers and bank/credit card numbers) rests solely with the filing party. (1) The Clerk’s Office will not review the documents for compliance with this rule or redact documents, whether filed electronically or on paper.
Page 19 | 16. Privacy
Pre-Motion Conference Requirements
Before seeking a continuance, the moving party must first discuss it with opposing counsel or, if there is no counsel, the opposing parties, and state the reason.
The moving party is required to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state the reason for the continuance.
Page 11 | RULE 1.14 CONTINUANCE FOR TRIAL OR HEARING
Summary judgment motions are decided on the briefs and attachments without oral argument unless the court orders otherwise.
Unless otherwise ordered by the court, Motions for Summary Judgment shall be decided on the briefs and other attachments without oral arguments.
Page 31 | Motions for Summary Judgment
Adjournment & Extension Requirements
Continuance counsel must propose at least two alternative trial dates acceptable to the court and all parties.
Counsel must also set forth at least two (2) other alternative dates for trial, agreeable to the court and all parties in the case.
Page 11 | RULE 1.14 CONTINUANCE FOR TRIAL OR HEARING
A civil continuance motion must be written, supported by good cause, and filed at least seven business days before trial or hearing; an unforeseen emergency may waive the timing requirement.
No case assigned for trial or hearing may be continued except on written motion and for good cause shown. Such motion shall be filed with the court not less than seven (7) business days prior to the date of the trial or hearing in civil cases and two (2) business days prior to the date of trial or hearing in criminal/traffic cases. In the case of unforeseen emergency, this time requirement may be waived. The moving party is required to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state the reason for the continuance. If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice must be attached to the notice. Counsel must also set forth at least two (2) other alternative dates for trial, agreeable to the court and all parties in the case. Alternative dates are available on the court’s website at www.rrcourt.net.
Page 11 | RULE 1.14 CONTINUANCE FOR TRIAL OR HEARING
A continuance of a scheduled mediation is granted only for good cause after a mutually acceptable future date is determined, and the request must be in writing.
7. Continuances - It is the policy of this court to determine matters in a timely way. Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. Requests for a continuance shall be in writing.
Page 24 | E. PROCEDURES, 7. Continuances
A defendant may request a reasonable continuance of the initial arraignment by written motion or by appearing in court at arraignment.
Defendant may request a reasonable continuance of initial arraignment by filing a written motion or defendant may appear in court at arraignment to request a continuance.
Page 28 | RULE NO. 2.2 ARRAIGNMENT
A continuance requires a written motion showing good cause, filed at least 7 calendar days before the hearing, trial, or mediation; the court may waive that timing requirement for an unforeseen emergency.
No case scheduled for trial, hearing or mediation may be continued except on written motion and for good cause shown. Such motion shall be filed with the court not less than seven (7) calendar days prior to the hearing, trial or mediation. In the case of unforeseen emergency, this time requirement may be waived.
Page 33 | RULE NO. 3.10 SMALL CLAIMS — B. CONTINUANCES
A continuance may be granted as provided in R.C. §1923.08.
C. CONTINUANCE - A continuance may be granted as provided in R.C. §1923.08.
Page 31 | RULE NO. 3.7 FORCIBLE ENTRY AND DETAINER — CONTINUANCE
Chambers Communication Rules
Email filing submissions must be sent to clerk@rrcourt.net.
5. The “email address” to be used for filing submissions is clerk@rrcourt.net.
Page 12 | RULE 1.16.1 FAX FILING / EMAIL FILING
If a police officer or prosecutor reasonably believes personal recognizance is insufficient, the Administrative Judge must be contacted for additional authority.
If the police officer or prosecutor, based on the circumstances of the case, has reasonable cause to believe that a personal recognizance bond is insufficient, the Administrative Judge shall be contacted for additional authority.
Page 50 | APPENDIX B – MISCELLANEOUS ADMINISTRATIVE COURT ORDERS — BAIL BOND SCHEDULE
The clerk need not notify a sender of a failed fax filing but may do so if practicable.
E. FAILED FAX SUBMISSION - The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
Page 13 | E. FAILED FAX SUBMISSION
The clerk need not acknowledge a fax, the sender bears the transmission risks, and filers are urged to verify receipt using available technological means.
The clerk of court may, but need not, acknowledge receipt of a facsimile transmission. 5. The risks of transmitting a document by fax or email to the clerk of court shall be borne entirely by the sending party. Anyone using facsimile filing or email filing is urged to verify receipt of such filing by the clerk of court through whatever technological means are available.
Page 14 | H. TIME OF FILING
As soon as possible after discovering a filing error, the filing party should contact the Clerk’s Office and provide the case and document numbers.
As soon as possible, after the error has been discovered, the filing party should contact the Clerk of Court’s Office with the case number and document number for which the correction is being requested.
Page 20 | 18. Correction of Docket Entries / Documents Filed in Error
The plaintiff must call the judge’s bailiff to schedule the move-out within 5 days after purchasing the writ.
Plaintiff must call the judge’s bailiff to schedule the move-out within five (5) days of the purchase of the Writ.
Page 32 | E. SCHEDULING THE MOVE-OUT
The assigned judge or designee must contact counsel or the parties at least two weeks before the scheduled trial date.
The assigned judge or his or her designee shall contact counsel, or the parties, whichever is appropriate, at least two weeks prior to the scheduled trial date.
Page 36 | RULE 1.20.4 MANAGEMENT STANDARDS PRIOR TO THE ISSUANCE OF JURY SUMMONS FOR TRIAL DATE CERTAIN
Jurors should call the listed number between 5:00 PM and 8:30 AM the night before their scheduled appearance to confirm whether they must appear.
TO CONFIRM YOUR APPEARANCE AS A JUROR, PLEASE CALL (440) 333-0066 BETWEEN THE HOURS OF 5:00 PM AND 8:30 AM THE NIGHT BEFORE YOU ARE TO APPEAR.
Page 46 | ATTACHMENT B – JURY SUMMONS TEXT
Submit records requests by email to RECORDS@RRCOURT.NET.
For Records Requests By Email: RECORDS@RRCOURT.NET
Page 1 | Contact Information and Court Hours
Contact the court by email at CLERK@RRCOURT.NET.
Contact us by email: CLERK@RRCOURT.NET
Page 1 | Contact Information and Court Hours
The Clerk of Court's office is generally open from 8:30 a.m. to 4:30 p.m., Monday through Friday.
The Clerk of Court's office shall be generally open between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday.
Page 7 | RULE 1.1 COURT HOURS
Filers may contact the Court for information about converting other formats to PDF.
CONTACT THE COURT FOR INFORMATION
Page 16 | C. ELECTRONIC FILING POLICY, 6. Document Format
Call (440) 333-0066 with questions.
If you have a question, please call (440) 333-0066.
Page 47 | ATTACHMENT C
The form-return instructions provide the Court's fax number, (440) 356-5613.
Instructions: Complete this form and return it to the Rocky River Municipal Court Clerk of Court within two (2) DAYS OF RECEIPT (Court Fax Number: (440) 356-5613).
Page 47 | ATTACHMENT C