Court Rules

Sidney Municipal Court, Ohio

Court-Level Rules, Filing Procedures & Policies

Limits & Logistics

Courtesy Copies

Motion to Suppress Motions

  • 1 copy

Communication

Phone

Clerk

937-498-8712
Phone
937-498-8719
Phone

Chambers

937-498-8710
Phone
(937) 498-8738
Fax

Clerk

937-498-8179
Filters:

Document Format Requirements8 rules

FormattingMandatory

E-Filed pleadings should be formatted in accordance with Court Rules 102, 103, and 104 with additions as follows:  Typewritten or printed;  Shall not contain links to other documents or references;  Proposed Order/Entry shall be submitted in Word [.doc] format and reference the specific motion to which it applies;  Pleadings, including Original Affidavits or other notarized documents, shall be filed with the Clerk in [.pdf] form;

FormattingMandatory

2. Request and receive a letter from your employer(s) on company letterhead which states the days and hours worked.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 16
|SectionRule 210: Driving Privileges
FormattingMandatory

The motion of a party to appear via video conferencing must be made in writing.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 26
|SectionRule 406: Video/Remote Proceedings
FormattingImportant

All documents presented to the clerk for filing should be on paper that is 8.5 by 11 inches in size, and the text of all documents should be no smaller in size than 12-point type. The margin on the top of each page should be at least one inch so that the clerk can punch holes in that margin without obscuring the document’s text.

File type
Paper
Font size
12 points
Margins
Top 1 inch
Paper size
Letter
Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 5
|SectionRule 104: Mechanical Requirements for Court Filings
FormattingImportant

Multi-page documents should be numbered and firmly stapled at the upper left, with enough blank space at the upper right for the clerk’s date stamp.

Binding
Stapled
Applies to
  • Multi-page document

Formatting

  • Number every multi-page document

Court's wording

Every multi-page document filed with the clerk should be numbered and should be firmly stapled in the upper-left corner of the document. Also, sufficient blank space should be visible in the upper-right portion of each document, especially the first page so that the clerk can date-stamp the document without obscuring the document’s text.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 5
|SectionRule 104: Mechanical Requirements for Court Filings
FormattingImportant

The clerk may accept handwritten documents for filing, but the clerk may reject any document that is not clearly legible.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 5
|SectionRule 104: Mechanical Requirements for Court Filings
FormattingImportant

but – aside from the color, weight, and binding requirements that typically apply to paper copies of traffic tickets in Ohio – any electronically- produced tickets should conform in layout and content to the Ohio Uniform Traffic Ticket form.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 13
|SectionRule 201: Method of Service of Complaints and Tickets
FormattingNote

The signature of the defendant is not required on those tickets,

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 13
|SectionRule 201: Method of Service of Complaints and Tickets

Document Filing Requirements27 rules

Filing RequirementsMandatory

We require filings of original, return copy, and one copy per defendant and/or representing attorney. However, eviction cases require 2 copies per defendant.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 6
|SectionRule 105: Copies of Motions and Other Filings
Filing RequirementsMandatory

A party who files a signed document by fax represents that the physically signed document is in his or her possession or control.

Filing RequirementsMandatory

A party who wishes to file a signed document by fax must either (1) fax the signed document to the clerk or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the typewritten name of the signing person.

Filing RequirementsMandatory

An attorney’s e-filed document should use the conformed signature “/s/[attorney name],” which is deemed to constitute a signature for the stated legal requirements.

Document
E-filed document
Placement
Signature block

Must include

  • /s/[attorney name]

Court's wording

Attorney Party Signature shall be signed with a conformed signature of “/s/[attorney name].” The conformed signature on an e-Filed document is deemed to constitute a signature on the document for the purposes of signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure, and any other law.

Filing RequirementsMandatory

Attorneys in private practice who wish to be appointed by the court to represent indigent persons in criminal or traffic cases must first have approval from the county public defender’s office. Written approval must then be submitted to the Judges’ Judicial Assistant.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 15
|SectionRule 207: Court-Appointed Counsel
Filing RequirementsMandatory

An eviction complaint must state the reason for eviction and include the required statutory notice and, if applicable, the written instrument supporting the claim.

Court's wording

A complaint seeking the eviction of a tenant or resident must contain a reason for the requested eviction. A copy of the notice required by Section 1923.04 of the Ohio Revised Code must be attached to the complaint, as must a copy of the written instrument, if any, upon which the eviction claim is founded.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 20
|SectionRules Unique to Civil Cases; Rule 304: Complaints in Forcible Entry and Detainer Cases
Filing RequirementsMandatory

The application must be accompanied by a statement as to creditors, containing the name and complete address of each creditor, what was purchased, amount due each creditor, and the account number.

Filing RequirementsMandatory

Debtor’s paystub shall be submitted with each trusteeship payment.

Filing RequirementsMandatory

Both parties shall bring a photo ID along with their marriage license to the ceremony.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 23
|SectionRule 307: Marriage Ceremonies
Filing RequirementsMandatory

**(CITATION MUST STATE “DUE TO ADVERSE WEATHER CONDITIONS”)**

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 33
|SectionAppendix C: Traffic / Criminal Violations Bureau; Bond Schedule
Filing RequirementsMandatory

Application must be filled out and accompanied with a fee as indicated below:

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 34
|SectionAppendix C: Traffic / Criminal Violations Bureau; Bond Schedule
Filing RequirementsImportant

The original of every document filed with the clerk should be signed by an attorney representing the party on whose behalf the document is filed. A party who is not represented by an attorney should sign any document being filed.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 4
|SectionRule 102: Information To Be Included On Court Filings
Filing RequirementsImportant

On each document presented to the clerk for filing, parties and attorneys should list their names, addresses, telephone numbers, fax numbers, and email addresses. Attorneys should also list their Ohio attorney registration numbers.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 4
|SectionRule 102: Information To Be Included On Court Filings
Filing RequirementsImportant

In addition, the case name and case number should be listed on each document filed with the clerk, as well as the title of the document (for example; Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).

Document
Document filed with clerk

Should include

  • Case number
Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 4
|SectionRule 102: Information To Be Included On Court Filings
Filing RequirementsImportant

If personal identifying information is redacted or omitted from a document, the information should be provided to the court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information. A suitable example of that type of form is included in the appendix to the Rules of Practice of the Supreme Court of Ohio.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 5
|SectionRule 103: Personal Identifying Information Should Be Redacted
Filing RequirementsImportant

Only the signed original of a motion (or other written filing) need be presented to the clerk, unless the court’s cost schedule specifies that multiple copies are required. If the motion or other document is to be filed in two or more case files; then the party presenting the document should provide sufficient copies with the original so that the clerk can place a copy in each case file to which the motion or other document pertains.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 6
|SectionRule 105: Copies of Motions and Other Filings
Filing RequirementsImportant

To receive a date-stamped copy, a party should provide an extra copy and a sufficiently large self-addressed, postage-paid envelope.

Court's wording

A party who wishes to receive a date-stamped copy of a document submitted to the clerk for filing should provide the clerk with an extra copy of the document, along with a sufficiently large envelope that is self- addressed and postage-paid.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 6
|SectionRule 105: Copies of Motions and Other Filings
Filing RequirementsImportant

A fax-filing cover sheet should list the court and case information, document title, transmission date and fax number, page count, and the filer’s contact and registration information.

Court's wording

The cover sheet for a fax filing should list: (A) the name of our court; (B) the title of the case; (C) the case number; (D) the title of the document being filed; (E) the date of transmission; (F) the transmitting fax number; (G) an indication of the number of pages included in the transmission, including the cover sheet; (H) the name, address, telephone number, fax number, Supreme Court registration number (if any), and e-mail address of the person filing the faxed document.

Filing RequirementsImportant

If the request is grounded on an attorney’s prior commitment in another court on the date of the scheduled hearing in this court, a copy of the scheduling notice from that other court should be attached to the request for a continuance in this court.

Filing RequirementsImportant

Any party filing a motion with the court should present at the same time a proposed entry that the party wishes the assigned judge to sign. (No proposed entry need be tendered with a motion to suppress in criminal and traffic cases).

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 10
|SectionRule 108: Proposed Entry with Most Motions
Filing RequirementsImportant

A defendant named in multiple criminal and traffic cases should make sure that all relevant case numbers are listed on any written not-guilty pleas, as well as on any other filings in the cases.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 14
|SectionRule 204: Written Not-Guilty Pleas
Filing RequirementsImportant

Defendants in criminal and traffic cases that are willing to waive their constitutional and statutory right to a speedy trial are encouraged to do so by filing a written waiver of that right.

Filing RequirementsImportant

Unless and until a defendant waives the right to a speedy trial, the court will presume that the right has not been waived.

Filing RequirementsImportant

The parties should bring to any pretrial conferences all of the exhibits that they hope to offer into evidence at the trial.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 20
|SectionRules Unique to Civil Cases; Rule 302: Trial Exhibits; Requests for Jury Views
Filing RequirementsImportant

Persons who wish to be excused entirely from jury service should present their requests to the court in writing, together with any additional documents that support the request.

Filing RequirementsNote

Parties are also encouraged to file trial briefs in non-jury cases if the parties feel that those briefs would be helpful to the court in resolving any disputed factualor legal issues in the case.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 20
|SectionRules Unique to Civil Cases; Rule 303: Trial Briefs
Filing RequirementsNote

A small claims action may be commenced by filing a complaint in accordance with Section 1925.04 of the Ohio Revised Code.

Oh Sidney Municipal:bd2786231e497827f9846fd2 · p. 20
|SectionRules Unique to Civil Cases; Rule 305: Small Claims

Filing & Service rules

Electronic Filing Rules

Documents may be filed at the Clerk’s office during regular business hours, through the Court’s e-Filing site, by email, by fax, or by mail.

The filing of a document with the court may be accomplished by presenting the document to the Clerk of the Court during the regular business hours of the clerk’s office, utilizing the Court’s e-Filing site as described in Rule 107 below, by emailing to Court@SidneyOH.com, by fax filing as described in Rule 106 below, or by mailing the document to: The Sidney Municipal Court, Attn: Clerk of Court, 110 W. Court St., Sidney, Ohio 45365.

Page 4 | Rule 101: Filing of Documents

Fax filing is not accepted for filings requiring a fee or filings that must maintain originality, such as affidavits.

The Court does not accept fax filings when a fee is required and for filings that need to maintain originality (ie. affidavits).

Page 7

Each person assigned a unique e-filing identifier is responsible for its security and use.

The Court’s e-File system will assign counsel a confidential and unique electronic identifier that will be used to file, review and retrieve e-Filed pleadings, orders and other documents in the case. Each person to whom a unique identifier has been assigned shall be responsible for the security and use of such identifier.

Page 8 | Rule 107: Filing by Electronic Transmission (e-Filing)

Counsel of record wishing to e-file must first call the Court to be added to its system and then register on the e-filing website.

Counsel of record that wishes to file pleadings, orders, and/or other documents through the Court’s e-File System must be registered. Before you can register on the site, you must call the Court at 937-498-8712 to be added to the system by Court staff. Once you have been added, you will be able to register at www.sidneyoh.com/463/E-Filing.

Page 8 | Rule 107: Filing by Electronic Transmission (e-Filing)

Self-represented litigants may file only in paper form, in person, by U.S. Mail, or by the Court’s email address when no fee is required.

Litigants not represented by counsel (Pro Se) may only file documents in paper form with the Clerk in person, by U.S. Mail or through the Court’s email address at Court@SidneyOH.com as long as no fee is required.

Page 9

Computer- or electronically-produced traffic tickets may be filed with the court, but must be filed in electronic form.

Traffic tickets produced by computer or other electronic means may be filed at the court, and those electronically-produced tickets must be filed in electronic form.

Page 13 | Rule 201: Method of Service of Complaints and Tickets

Pleadings and other papers may be filed with the clerk by facsimile (“fax”). The number for the clerk’s fax machine is 937-498-8179. Faxed documents intended for filing must be faxed to the clerk and not to the Judges’ chambers.

Pleadings and other papers may be filed with the clerk by facsimile (“fax”). The number for the clerk’s fax machine is 937-498-8179. Faxed documents intended for filing must be faxed to the clerk and not to the Judges’ chambers.

Page 6 | Rule 106: Fax Filing

The sending party bears all risks of transmitting a document to the clerk by fax.

The risks of transmitting a document by fax to the clerk must be borne entirely by the sending party.

Page 7

A fax-filed document is accepted as the effective original filing.

A document filed by fax will be accepted as the effective original filing of the document.

Page 6 | Rule 106: Fax Filing

Documents may be faxed to the clerk at any time, including when the clerk’s office is closed.

Documents may be faxed to the clerk at any time, which includes times when the clerk’s office is closed.

Page 7

Any filing may be e-filed with the Clerk’s Office at any time, including outside business hours.

Any filing may be e-Filed with the Clerk’s Office 24 hours a day, 7 days a week.

Page 9

Filing Timing and Cure Windows

A document sent by mail or another delivery service is not considered filed until the Clerk’s office receives it.

A document sent by mail or other delivery service will not be considered filed until it is received in the clerk’s office.

Page 4 | Rule 101: Filing of Documents

Fax-filed documents are considered filed on the date the clerk date-stamps them, not when they are transmitted.

Subject to the provisions of these rules, all documents sent by fax and received by the clerk will be considered filed with the clerk as of the date the clerk date-stamps the document, as opposed to the date and time of the fax transmission itself.

Page 7

E-filed documents are deemed filed and become the Court’s Official Record when accepted by the Clerk, unless rejected for noncompliance or failure to meet review requirements.

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official Record when they are accepted by the Clerk in the Court’s e-File System unless otherwise rejected. A “rejected” filing is a document that does not comply with the applicable Court rules, policies, and procedures and does not meet Clerk’s requirements of review.

Page 8 | Rule 107: Filing by Electronic Transmission (e-Filing)

An accepted document is docketed with an electronic stamp showing its submission date and time and is deemed filed once accepted.

If the submission is accepted, the document shall be docketed and filed with an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-File system. Once accepted, the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.

Page 10

A rejected submission does not become part of the Court record, and the filer must resubmit a compliant document within 48 business hours.

If the submission is rejected, the document shall not become part of the Court record and the filer shall be required to re-submit the document to meet the Court’s requirements within 48 business hours.

Page 10

Unless the court sets a different deadline, a response to a summary-judgment motion must be filed within 21 days after the motion is filed.

Unless the court sets a different deadline, any response to a motion for summary judgment must be filed within 21 days after the filing of the motion.

Page 19 | Rules Unique to Civil Cases; Rule 301: Responses to Motions

A response to any other type of motion must be filed within 7 days after the motion is filed, unless the court grants more time or the Ohio Rules of Civil Procedure permit it.

Any response to any other type of motion must be filed within 7 days after the filing of the motion, unless a longer time period is granted by the court or is permitted by the Ohio Rules of Civil Procedure.

Page 19 | Rules Unique to Civil Cases; Rule 301: Responses to Motions

The court must receive the original law-enforcement citing documents by the initial appearance date and time; otherwise, the citation is returned for re-service and a new arraignment date and time.

The Court must be in possession of the original citing documents from law enforcement no later than the date and time listed as the initial court appearance. If not received by this date/time, the citation will be returned to the law enforcement agency for re-service upon the defendant with a new arraignment date/time.

Page 32 | Appendix B

The e-File system confirms receipt with its date and time as proof of receipt, and the Clerk notifies the filer after review whether the submission was accepted or rejected.

Upon receipt, the Court’s e-File system will issue a confirmation that the submission has been received. The confirmation will include the date and time of receipt and serve as proof of receipt. After Clerk review, a filer will receive notification from the Clerk that the submission has been accepted or rejected by the Clerk.

Page 9

A party requesting a jury view should raise the request by the pretrial conference.

Any party requesting a jury view should raise that request no later than the pretrial conference.

Page 15 | Rule 206: Pretrial Conferences; Requests for Jury Views

Trial briefs and proposed jury instructions should be filed by each party at least seven days before a scheduled jury trial.

Trial briefs and proposed jury instructions should be filed by each party at least seven days before a scheduled jury trial.

Page 20 | Rules Unique to Civil Cases; Rule 303: Trial Briefs

A jury demand is due on the date of the pretrial.

Jury Demand (due on date of pretrial)

Page 31 | Appendix A

Payment of fines and costs for waiverable offenses may be made by mail or in person by the court date.

Defendants charged with waiverable offenses shall be informed by the arresting officer of the fine and costs set forth in this schedule for the offense charged, of the right to pay the same by mail or in person BY THE COURT DATE.

Page 32 | Appendix B

Defendants should be scheduled for court appearance within ten days after issuance of the ticket.

Defendants should be scheduled for court appearance within ten days after issuance of the ticket.

Page 32 | Appendix B

Service and Proof of Service Rules

Trial counsel must notify the parties, co-counsel, and associate counsel of all matters affecting the action.

Trial counsel shall be responsible for notifying the parties, co-counsel, and associate counsel of all matters affecting the action.

Page 11 | Rule 111: Responsibility for Service of Notices

A defendant issued a traffic ticket must be provided a paper copy in accordance with Ohio Traffic Rule 3(E).

Any defendant to whom a traffic ticket is issued must be provided with a paper copy of the ticket in accordance with Rule 3(E) of the Ohio Traffic Rules.

Page 13 | Rule 201: Method of Service of Complaints and Tickets

When a criminal or traffic complaint is filed after the defendant’s scheduled arraignment appearance date, the prosecutor or filing law enforcement agency must request a new summons or warrant.

If a criminal or traffic complaint is filed after the date when the defendant was ordered to appear in court for an arraignment, the prosecutor or law enforcement agency filing the complaint must request the issuance of a new summons or a warrant.

Page 13 | Rule 201: Method of Service of Complaints and Tickets

The prosecuting attorney must notify the alleged victim of all public proceedings involving the alleged offense against that victim.

Pursuant to Criminal Rule 37 and Chapter 2930 of the Revised Code, the prosecuting attorney shall provide notice to the alleged victim (s) of all public proceedings involving the alleged criminal or traffic offense against the victim (s).

Page 16 | Rule 208: Victim Notification

The Court will send notices, communications, and legally required documents to trial counsel.

All notices and communications from the Court, and all documents required to be served on parties by law will be sent to the trial counsel.

Page 11 | Rule 111: Responsibility for Service of Notices

The prosecutor or filing law enforcement agency should state whether the complaint was served or a warrant or summons is requested; the clerk may refuse to file an unserved complaint with no such request.

The prosecutor or the law enforcement agency filing a criminal or traffic complaint should indicate on the complaint, or on accompanying documents, either that the complaint has been served on the defendant or that a warrant or summons is requested. The clerk may refuse to file the complaint if it has not been served on the defendant and if no request for the issuance of a warrant or summons is provided to the clerk.

Page 13 | Rule 201: Method of Service of Complaints and Tickets

A party requesting a jury view should notify the court and all other parties at least 21 days before trial.

Any party requesting a jury view should notify the court and all other parties about that request at least 21 days before the trial date.

Page 20 | Rules Unique to Civil Cases; Rule 302: Trial Exhibits; Requests for Jury Views

Filing Fees and Waivers

Filings requiring a fee must be mailed with payment or filed in person at the Clerk’s window.

All filings that require a fee need to be either mailed with payment or filed in person at the Clerk’s window.

Page 7

A filing-fee payment required for valid filing status must be submitted in the same manner as other e-filed documents, and the e-File system accepts electronic fee payments.

Payment of a filing fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other e-Filed document. The e-File system accepts payment of fees electronically.

Page 10

An offender placed under Probation Department supervision must pay a $50 Reporting Probation Fee in addition to other court costs, payable to the Clerk of Court.

If the Court places an offender under the control and supervision of the Probation Department, as a condition of probation, pursuant to 2951.021 O.R.C., the offender shall pay a Reporting Probation Fee in the sum of $50.00 in addition to all other court costs. The supervision fee shall be paid to the Clerk of Court, to be deposited in the Municipal Probation Services Fund.

Page 16 | Rule 209: Probation Supervision Fee

A $50 fee must be paid before the marriage ceremony.

A fee of $50 shall be paid in advance of the ceremony.

Page 23 | Rule 307: Marriage Ceremonies

When distracted driving is a contributing factor to an allowable primary charge, an additional $100 fine must be submitted by the arraignment date.

Distracted Driving (O.R.C. §4511.991) As a contributing factor to allowable primary charge additional fine of $100.00 must be submitted by arraignment date.

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

A $100 refund is available if proof of course completion is provided to the Court within 30 days of the initial arraignment date on the ticket; otherwise, the $100 is forfeited and non-returnable.

A refund of $100.00 will be made if proof of completion of the distracted driving safety course is provided to the Court; proof must be provided within 30 days of initial arraignment date on ticket or $100.00 will be deemed forfeited and non-returnable.

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

All misdemeanor bonds are subject to non-refundable court costs of $67 in addition to the bond amount.

ALL MISDEMEANOR BONDS ARE SUBJECT TO (NON-REFUNDABLE) $67 COURT COSTS IN ADDITION TO THE BOND AMOUNT.

Page 35 | Appendix C

All felony bonds are subject to non-refundable court costs of $91 in addition to the bond amount.

ALL FELONY BONDS ARE SUBJECT TO (NON-REFUNDABLE) $91 COURT COSTS IN ADDITION TO THE BOND AMOUNT.

Page 35 | Appendix C

A replacement driving packet costs $1.00 per page, charged at processing.

If the offender loses the driving packet and needs a replacement packet, there will be a fee of $1.00 per page charged at time of processing.

Page 17

The returned-check charge is $35.

Returned Check Charge $35.00

Page 31 | Appendix A

Revival of a judgment costs 50.00, with no service fee.

Revival of Judgment - No Service Fee 50.00

Page 31 | Appendix A

Transfer to the civil docket costs $37.

Transfer to Civil Docket $37.00

Page 31 | Appendix A

An eviction complaint costs $131, including personal or residential service and ordinary-mail service on one defendant.

Eviction Complaint $131.00 (Includes service of summons by personal/residential service AND ordinary mail service on one defendant)

Page 31 | Appendix A

A bank garnishment costs $50 and requires a separate $1 check to the garnishee bank for processing.

Bank Garnishment (+ separate $1.00 check issued to garnishee (bank) for $50.00 processing)

Page 31 | Appendix A

A wage garnishment costs $100.

Wage Garnishment $100.00

Page 31 | Appendix A

Execution of a writ costs $50.

Execution of Writ $50.00

Page 31 | Appendix A

Each additional day of a jury demand costs $200.

Each Additional Day $200.00

Page 31 | Appendix A

A writ of restitution costs $50, with no service fee charged.

Writ of Restitution – no service fee charged $50.00

Page 31 | Appendix A

A judgment debtor examination costs $50, plus applicable personal service charges.

Judgment Debtor Examination (plus personal service as set forth above) $50.00

Page 31 | Appendix A

A subpoena praecipe costs $5 for each witness.

Precipe for Subpoena, each witness - $5.00

Page 31 | Appendix A

A small claims complaint costs $79, including certified-mail service of summons on one defendant.

Small Claims Complaint $79.00 (Includes service of summons by certified mail on one defendant)

Page 31 | Appendix A

Additional certified-mail service costs $15 per defendant.

Certified Mail Service $15.00

Page 31 | Appendix A

The jury-demand fee for one day is $500.

One Day $500.00

Page 31 | Appendix A

Replevin costs $100, in addition to the bond required by the Ohio Revised Code.

Replevin (plus required bond per Ohio Revised Code) $100.00

Page 31 | Appendix A

Additional express overnight mail service costs $25 per defendant.

Express Overnight Mail Service $25.00

Page 31 | Appendix A

A third-party complaint costs $10, plus applicable service charges.

Third Party Complaint (plus service as set forth above) $10.00

Page 31 | Appendix A

Additional ordinary-mail service costs $10 per defendant.

Ordinary Mail Service $10.00

Page 31 | Appendix A

Witness fees include an additional charge of $0.10 per mile.

Witness fees (plus .10 per mile)

Page 31 | Appendix A

Issuance of a civil warrant costs $50.

Civil Warrant Issuance $50.00

Page 31 | Appendix A

A half-day witness fee is $6.

Half Day $6.00

Page 31 | Appendix A

A whole-day witness fee is 12.00.

Whole Day 12.00

Page 31 | Appendix A

Issuance of a certificate of judgment costs $20.

Certificate of Judgment Issuance $20.00

Page 31 | Appendix A

A civil complaint costs $116, including certified-mail service of summons on one defendant.

Civil Complaint $116.00 (Includes service of summons by certified mail on one defendant)

Page 31 | Appendix A

A motion for contempt costs $50, with no service fee for personal service.

Motion for Contempt (personal service) No Service Fee $50.00

Page 31 | Appendix A

Additional personal or residential service costs $20 per defendant.

Personal/Residential Service $20.00

Page 31 | Appendix A

A $35 fee is assessed if a payment check is returned for insufficient funds.

If a check is returned for insufficient funds, your case will be assessed a $35 fee.

Page 32 | Appendix B

Pursuant to O.R.C. §2937.22, whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, the person shall pay a surcharge of $25.00. The clerk of the court shall retain the $25.00 until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the $25.00 to the treasurer of state. If the person is found not guilty or the charges are dismissed, the clerk shall return the $25.00 to the person.

Pursuant to O.R.C. §2937.22, whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, the person shall pay a surcharge of $25.00. The clerk of the court shall retain the $25.00 until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the $25.00 to the treasurer of state. If the person is found not guilty or the charges are dismissed, the clerk shall return the $25.00 to the person.

Page 32 | Appendix B

Defendants charged with waiverable offenses must be informed that fines and costs may be paid by mail or in person by the court date, using a credit card or personal check.

Defendants charged with waiverable offenses shall be informed by the arresting officer of the fine and costs set forth in this schedule for the offense charged, of the right to pay the same by mail or in person BY THE COURT DATE. Payments may be made with a credit card or personal check.

Page 32 | Appendix B

The waiver amount for speeding 30 or more mph over the posted limit is $255.

30+ mph over posted limit $255.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a first dog-running-at-large or failure-to-register-a-dog offense is $130.

1st Offense $130.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for speeding 21–25 mph over the posted limit is $175.

21-25 mph over posted limit $175.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The bond amount for otherwise-unlisted minor misdemeanor traffic or criminal offenses is $155.

For all minor misdemeanor traffic/criminal offenses other than those specifically listed below: BOND - $155.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

For 5,001–10,000 pounds overweight, the cost is $235 plus $2 for each 100 pounds or fraction thereof.

5,001 to 10,000 lbs. overweight $235.00 + $2.00 for each 100 lbs. or fraction thereof

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The seatbelt-violation waiver amount for a passenger is $106.

Passenger $106.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The seatbelt-violation waiver amount for a driver is $116.

Driver $116.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

For 10,001 or more pounds overweight, the cost is $265 plus $3 for each 100 pounds or fraction thereof.

10,001 + lbs. overweight $265.00 + $3.00 for each 100 lbs. or fraction thereof

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for speeding 1–10 mph over the posted limit is $125.

1–10 mph over posted limit $125.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for speeding 11–20 mph over the posted limit is $135.

11-20 mph over posted limit $135.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The amount for a gross overload within the first 2,000 pounds or fraction thereof is $185, including court costs.

Gross Overload (INCLUDES COURT COSTS) $185.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

Add $6 to the listed waiver amounts for charges from the Sidney Police Department, Sheriff’s Department, or Port Jefferson Police Department.

**There is an additional $6 added to the waiver amounts below to charges from the Sidney Police Department, Sheriff’s Department, or Port Jefferson Police Department.

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The amount for an axle overload within the first 2,000 pounds or fraction thereof is $185, including court costs.

Axel Overload (INCLUDES COURT COSTS) $185.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

Parking violations require the cost of the parking ticket plus $66 in local costs.

Parking Violations (COST OF PARKING TICKET + LOCAL COSTS OF $66)

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a second or subsequent child-restraint-seat offense is $165.

2 or subsequent offense nd $165.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a violation resulting from adverse weather conditions is $115.

$115.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

For 2,001–5,000 pounds overweight, the cost is $205 plus $1 for each 100 pounds or fraction thereof.

2,001 to 5,000 lbs. overweight (INCL. COSTS) $205.00 + $1.00 for each 100 lbs. or fraction thereof

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a first child-restraint-seat offense is $140.

1 offense st $140.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a second dog-running-at-large or failure-to-register-a-dog offense is $180.

2 Offense nd $180.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for speeding 26–29 mph over the posted limit is $205.

26-29 mph over posted limit $205.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for otherwise-unlisted minor misdemeanor traffic or criminal offenses is $130.

For all minor misdemeanor traffic/criminal offenses other than those specifically listed below: WAIVER - $130.00

Page 33 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a minor-misdemeanor drug-abuse offense is $180.

Minor Misdemeanor $180.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

A $50 warrant fee applies to all warrants.

All warrants are subject to a $50.00 warrant fee.

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for an expired tag or registration is $125.

$125.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a first texting-while-driving offense is $255.

1st Offense $255.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The fee to seal or expunge a conviction in a single case is $50.

Sealing or Expungement of a Conviction - Single Case $50.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

Offenders placed under Probation Department supervision must pay a $50 probation fee in addition to all other court costs.

Offenders placed under the control and supervision of the Probation Department shall pay a Probation Fee in the sum of $50.00 in addition to all other court costs.

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

A $150 refund is available for a texting-while-driving offense if proof of completing the distracted-driving safety course is provided to the Court.

Note: A refund of $150.00 will be made if proof of completion of the distracted driving safety course is provided to the Court.

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The fee to seal or expunge convictions in multiple cases is $100.

Sealing or Expungement of a Conviction - Multiple Cases $100.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a first offense under O.R.C. §4301.63 is $155.

1st Offense $155.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

The waiver amount for a second offense under O.R.C. §4301.63 is $180.

2nd Offense $180.00

Page 34 | Appendix C: Traffic / Criminal Violations Bureau; Bond Schedule

Courtesy Copy Requirements

A party filing a motion to suppress in a criminal or traffic case should provide an extra copy of that motion to the clerk, who in turn will give it to the Judge.

A party filing a motion to suppress in a criminal or traffic case should provide an extra copy of that motion to the clerk, who in turn will give it to the Judge.

Page 6 | Rule 105: Copies of Motions and Other Filings

Sealing & Redaction Procedures

Social security numbers and other personal identifying information should be redacted before filing; attorneys and parties are responsible for redaction, and the clerk will not check for it.

To protect legitimate personal privacy interests, social security numbers and other personal identifying information should be redacted from documents before the documents are filed. The responsibility for redacting personal identifying information rests solely with the attorneys and parties who present the documents to the clerk for filing. The clerk will not review documents to confirm that personal identifying information has been redacted.

Page 5 | Rule 103: Personal Identifying Information Should Be Redacted

Adjournment & Extension Requirements

After filing a written not-guilty plea, the defendant must attend scheduled pretrial conferences and trial unless the court grants a continuance.

Once a not-guilty plea is filed with the clerk, the defendant must appear at any pretrial conferences and at the trial scheduled by the court (unless the court grants a request for a continuance).

Page 14 | Rule 204: Written Not-Guilty Pleas

Any request for the continuance of a scheduled court hearing should be made in a written motion that is filed with the clerk, and the motion should describe one or more reasons for the request.

Any request for the continuance of a scheduled court hearing should be made in a written motion that is filed with the clerk, and the motion should describe one or more reasons for the request.

Page 10 | Rule 109: Continuances

Parties should avoid motions to continue jury or bench trials when possible and should file any necessary motion as soon as they realize a continuance is needed.

Parties should strive to avoid filing motions to continue jury and bench trials, and any such motions should be filed as soon as the party realizes that a continuance is necessary.

Page 11

To remain eligible for the program, a defendant may have one 30-day continuance to obtain an attorney, but no more than one.

Defendant must enter the program at arraignment. You may have one 30-day continuance for services of an attorney, but no more than one to still qualify for the program.

Page 19

A party seeking a continuance may suggest alternative dates and times when available.

A party seeking a continuance of a scheduled hearing is welcome to suggest alternative dates and times when that party expects to be available for the hearing.

Page 11

Chambers Communication Rules

Before registering for e-filing, counsel must call the Court to be added to the system by Court staff.

Before you can register on the site, you must call the Court at 937-498-8712 to be added to the system by Court staff.

Page 8 | Rule 107: Filing by Electronic Transmission (e-Filing)

Parties must contact the Judge’s personal bailiff at least one week before trial to schedule an appointment to test courtroom equipment.

Parties will need to contact the Judge’s personal bailiff at least one week prior to the scheduled trial date to schedule an appointment to test equipment in the courtroom.

Page 12 | Rule 112: Use of Standard Courtroom Equipment

Make an appointment by calling the court representative at 937-498-8719; if unable to attend, call as soon as possible to reschedule, and call for help determining eligibility or procedures.

You must make an appointment to meet with a court representative. The number to call for an appointment is 937-498-8719. We will make every effort to accommodate your schedule, but some flexibility is required. If you schedule an appointment and are not able to be here, please call as soon as possible to reschedule. Due to the demand for appointment times, if you miss your appointment and do not give prior notice, you may significantly delay your processing time. If you are not sure you qualify for driving privileges, have not been granted limited privileges, or need help to become qualified, you should also call to make an appointment. We will assist you in determining what additional steps you must take in order to become eligible. UNDER OHIO LAW, THE COURT CANNOT GRANT LIMITED DRIVING PRIVILEGES TO DRIVE UNDER A CDL ENDORSEMENT. If you have any questions, please feel free to call the above number and a staff member will assist you with further procedures to obtain limited driving privileges according to your specific situations. Not all situations will be approved, as the State of Ohio has specific guidelines in regards to limited driving privileges.

Page 17

A debtor must immediately notify the Court of any change in address or employment.

Debtor shall notify the Court immediately of any change in address or employment.

Page 22 | Rule 306: Trusteeships

For fax filing, direct documents to the clerk’s fax number, 937-498-8179, and not to judges’ chambers.

The number for the clerk’s fax machine is 937-498-8179. Faxed documents intended for filing must be faxed to the clerk and not to the Judges’ chambers.

Page 6 | Rule 106: Fax Filing

Counsel should notify the Clerk well in advance of an anticipated absence.

Counsel who plan to be away on vacation or otherwise should notify the Clerk well in advance of their anticipated absence.

Page 11

Parties must inform the Judge’s personal bailiff if they encounter equipment issues.

If there are issues, parties need to inform the Judge’s personal bailiff.

Page 12 | Rule 112: Use of Standard Courtroom Equipment

A person summoned for jury service must call the clerk’s office the day before service to confirm whether they are needed.

He/She is required to call the clerk’s office at 937-498-8712, the day prior to service to see whether or not they are needed for jury service the following morning.

Page 29

Fax filers may verify with the clerk’s office that the document, pages, and exhibits were received properly.

Anyone using fax filing is welcome to verify with the clerk’s office that the faxed document has in fact been received and that all pages and exhibits have been transmitted properly.

Page 7

The clerk may notify the sender of a failed fax filing but is not required to do so.

The clerk may – but is not required – to notify the sender of a failed fax filing.

Page 7

Parties may contact the Clerk’s office for alternative dates before filing a continuance.

Parties can also contact the Clerk’s office to obtain alternative dates prior to filing the continuance.

Page 11

After obtaining the required documents, an applicant may call to schedule an appointment to apply for driving privileges, where a Court representative will assist.

Once you have obtained the above required documents you may call for an appointment to apply for your driving privileges. A Court representative will meet with you to assist you with your application, and help you secure your driving privileges.

Page 16 | Rule 210: Driving Privileges

After obtaining a marriage license, a couple may schedule the ceremony by calling the Judge’s Office and should contact the Court at least one week beforehand.

Once a couple has obtained their marriage license, the ceremony can be scheduled with the Judge’s Office by calling 937-498-8710. The Court should be contacted to schedule the ceremony at least one week prior to the date of the ceremony.

Page 23 | Rule 307: Marriage Ceremonies

For information or questions about jury service, call the Project/Program Coordinator.

For additional information or questions about jury service, please call the Project/Program Coordinator at (937) 498-8738.

Page 30

Common questions about Sidney Municipal Court, Ohio rules

Are courtesy copies required in Sidney Municipal Court, Ohio?

Courtesy-copy rule applies for motion to suppress. Details: 1 copy. A party filing a motion to suppress in a criminal or traffic case should provide an extra copy of that motion to the clerk, who in turn will give it to the Judge.

View ruleSource: page 6, section Rule 105: Copies of Motions and Other Filings

What formatting rules apply to filings in Sidney Municipal Court, Ohio?

Sidney Municipal Court, Ohio's formatting rule includes e-filed pleadings should be typewritten or printed., e-filed pleadings shall not contain links to other documents or references., a proposed order/entry shall be submitted in word [.doc] format and reference the specific motion to which it applies., and pleadings, including original affidavits or other notarized documents, shall be filed with the clerk in [.pdf] form..

View ruleSource: page 9

What must be included with filing filings in Sidney Municipal Court, Ohio?

Filings require an original, a return copy, and one copy per defendant and/or representing attorney; eviction cases require two copies per defendant.

View ruleSource: page 6, section Rule 105: Copies of Motions and Other Filings

What must be included with signed fax document filings in Sidney Municipal Court, Ohio?

A signed document filed by fax must either be faxed with its signature or as an unsigned copy marked “/s/” followed by the signer’s typewritten name.

View ruleSource: page 8

How may parties contact Sidney Municipal Court, Ohio?

The rule lists phone 937-498-8712. Before registering for e-filing, counsel must call the Court to be added to the system by Court staff.

View ruleSource: page 8, section Rule 107: Filing by Electronic Transmission (e-Filing)

How does Sidney Municipal Court, Ohio handle sealed or redacted filings?

Social security numbers and other personal identifying information should be redacted before filing; attorneys and parties are responsible for redaction, and the clerk will not check for it.

View ruleSource: page 5, section Rule 103: Personal Identifying Information Should Be Redacted

How do I request an adjournment or extension in Sidney Municipal Court, Ohio?

After filing a written not-guilty plea, the defendant must attend scheduled pretrial conferences and trial unless the court grants a continuance.

View ruleSource: page 14, section Rule 204: Written Not-Guilty Pleas

Is electronic filing required in Sidney Municipal Court, Ohio?

Electronic filing is permitted for the covered filings. Documents may be filed at the Clerk’s office during regular business hours, through the Court’s e-Filing site, by email, by fax, or by mail.

View ruleSource: page 4, section Rule 101: Filing of Documents

Are filing fees or waivers addressed in Sidney Municipal Court, Ohio?

A fee is required for covered filings. Filings requiring a fee must be mailed with payment or filed in person at the Clerk’s window.

View ruleSource: page 7

When is a filing treated as filed in Sidney Municipal Court, Ohio?

The rule states that filing is treated as on acceptance. E-filed documents are deemed filed and become the Court’s Official Record when accepted by the Clerk, unless rejected for noncompliance or failure to meet review requirements.

View ruleSource: page 8, section Rule 107: Filing by Electronic Transmission (e-Filing)

What service or proof of service rules apply in Sidney Municipal Court, Ohio?

Trial counsel must notify the parties, co-counsel, and associate counsel of all matters affecting the action.

View ruleSource: page 11, section Rule 111: Responsibility for Service of Notices
Complete rules summary for Sidney Municipal Court, Ohio

The Court will send notices, communications, and legally required documents to trial counsel.

A document sent by mail or another delivery service is not considered filed until the Clerk’s office receives it.

Documents may be filed at the Clerk’s office during regular business hours, through the Court’s e-Filing site, by email, by fax, or by mail.

The clerk may accept handwritten documents but may reject any document that is not clearly legible.

Parties and attorneys should list their contact information on each document presented for filing, and attorneys should also list their Ohio attorney registration numbers.

In addition, the case name and case number should be listed on each document filed with the clerk, as well as the title of the document (for example; Defendant’s Motion to Continue, Plaintiff’s Pretrial Statement, etc.).

The original of every document filed with the clerk should be signed by an attorney representing the party on whose behalf the document is filed. A party who is not represented by an attorney should sign any document being filed.

Social security numbers and other personal identifying information should be redacted before filing; attorneys and parties are responsible for redaction, and the clerk will not check for it.

If personal identifying information is redacted or omitted from a document, the information should be provided to the court on a separate form that indicates what information has been redacted or omitted and provides the location of the redacted or omitted information. A suitable example of that type of form is included in the appendix to the Rules of Practice of the Supreme Court of Ohio.

All documents presented to the clerk for filing should be on paper that is 8.5 by 11 inches in size, and the text of all documents should be no smaller in size than 12-point type. The margin on the top of each page should be at least one inch so that the clerk can punch holes in that margin without obscuring the document’s text.

Multi-page documents should be numbered and firmly stapled at the upper left, with enough blank space at the upper right for the clerk’s date stamp.

Only the signed original of a motion (or other written filing) need be presented to the clerk, unless the court’s cost schedule specifies that multiple copies are required. If the motion or other document is to be filed in two or more case files; then the party presenting the document should provide sufficient copies with the original so that the clerk can place a copy in each case file to which the motion or other document pertains.

Filings require an original, a return copy, and one copy per defendant and/or representing attorney; eviction cases require two copies per defendant.

A party filing a motion to suppress in a criminal or traffic case should provide an extra copy of that motion to the clerk, who in turn will give it to the Judge.

To receive a date-stamped copy, a party should provide an extra copy and a sufficiently large self-addressed, postage-paid envelope.

Pleadings and other papers may be filed with the clerk by facsimile (“fax”). The number for the clerk’s fax machine is 937-498-8179. Faxed documents intended for filing must be faxed to the clerk and not to the Judges’ chambers.

For fax filing, direct documents to the clerk’s fax number, 937-498-8179, and not to judges’ chambers.

A fax-filed document is accepted as the effective original filing.

Fax-filed documents are considered filed on the date the clerk date-stamps them, not when they are transmitted.

Documents may be faxed to the clerk at any time, including when the clerk’s office is closed.

The sending party bears all risks of transmitting a document to the clerk by fax.

Fax filers may verify with the clerk’s office that the document, pages, and exhibits were received properly.

The clerk may notify the sender of a failed fax filing but is not required to do so.

Filings requiring a fee must be mailed with payment or filed in person at the Clerk’s window.

Fax filing is not accepted for filings requiring a fee or filings that must maintain originality, such as affidavits.

A fax-filing cover sheet should list the court and case information, document title, transmission date and fax number, page count, and the filer’s contact and registration information.

A signed document filed by fax must either be faxed with its signature or as an unsigned copy marked “/s/” followed by the signer’s typewritten name.

A party filing a signed document by fax represents that they possess or control the physically signed document.

Counsel of record wishing to e-file must first call the Court to be added to its system and then register on the e-filing website.

Before registering for e-filing, counsel must call the Court to be added to the system by Court staff.

More Judges in Sidney Municipal Court, Ohio

Steven J. Geise
Judge