Steubenville Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- An application to continue a pretrial conference must be addressed to the Civil Deputy Clerks.
- A continuance requires a written motion stating the reason and a Judgment Entry for the Judge’s signature; a new hearing date and at least three future available dates and times must be provided, and the Court decides whether to grant the request.
- If the Court determines an in-person proceeding is necessary, it may continue the matter and require the parties to attend in person.
Request must include
Document Filing Requirements62 rules
All criminal cases and any traffic citation that carries a jail sentence must include a police report and a L.E.A.D.S. printout.
Public records must be requested in writing listing the specific information needed.
All Motions shall be made in writing and accompanied by a written Memorandum containing the arguments of counsel. All Motions must comply with Criminal Rule 47.
Traffic tickets and criminal complaints must include the specified probable-cause information and supporting materials when filed.
Court's wording
All traffic tickets and criminal complaint filings for warrants and summons must have the following information presented at the time of filing before the Court can file the new tickets and complaints. The following is the probable cause checklist: 1. Criminal complaints must state "to wit" followed by a short summary of the facts; 2. "Defendant committed an offense" 3. Date of offense 4. All traffic tickets and criminal complaints must be filled out completely including the Ohio Revised Code and/or City Ordinance number (and degree of offense for criminal complaints) 5. If degree of crime is enhanced because of prior conviction, it must be stated "previously convicted of the crime of -" and set forth the applicable Court Caption and Case Number of the prior conviction. 6. Police/Incident report and/or a copy of the complaint intake filed in the Prosecutor's office. 7. Defendant's name on affidavit must match the name on the complaint. 8. Statement must match the charge on the complaint. 9. Complaint and affidavit must be signed by the Officer/Affiant or Prosecutor. 10. Officer/Affant's signature must be sworn to a Deputy Clerk. 11. All traffic tickets must be filed with a L.E.A.D.S. printout. 12. All criminal complaints must be filed with a personal identifier.
The defendant may only waive his/her right to a speedy trial in writing, on the record, and in open Court.
All Judgment Entries for hearings will be prepared by counsel of record unless otherwise ordered.
Motions in limine, proposed jury instructions, copies of case law, and trial briefs must be filed and discussed at the Status Conference.
Court's wording
The purpose of the Status Conference is two-fold. One: to ensure the case cannot be settled. Two: to address all pre-jury trial issues: all Motions In Limine; proposed jury instructions; copies of case law; or trial briefs, which must be filed and discussed at the Status Conference.
6. *IGNITION INTERLOCK* mandatory 2nd offense OVI within ten (10) years or more. Restricted driver's license required. Defendant must provide proof of installation of Ignition Interlock. Privileges revoked if violated.
If yellow plates are ordered, the defendant must obtain a judge-signed restricted-plate application, get the plates from the Deputy Registrar, and present them to the Clerk before the judgment entry is signed.
Court's wording
5. *YELLOW PLATES ONLY* (only if ordered) Defendant must fill out a "Restricted Plate BMV Application". It must be signed by the Judge. Defendant takes the application to the Deputy Registrar to get restricted plates. The restricted plates must be presented to the Clerk before the Limited Driving Privilege Judgment Entry will be signed by the Judge.
Unlimited driving privileges are subject to the stated ignition-interlock, license, insurance, and conditional plate requirements, and a $55 filing fee with the motion.
Court's wording
Unlimited Driving Privileges shall be granted in accordance with ORC Section 4510.022 subject to installation of certified ignition interlock device, verification of a restricted driver's license, proof of insurance, proof of restricted plates if ordered, and payment of a filing fee with the motion the sum of $55.00
2. Proof of work.
1. Proof of insurance with effective date. (Effective from Both from date of offense and date of limited driving privilege. _to A. Card or B. Insurance policy
3. Judgment entry granting limited driving privileges.
A. MOTIONS: All Motions must be in writing and accompanied by a written Memorandum containing citations and the arguments of counsel.
The party requesting the Default shall submit a proposed Judgment Entry at time of filing.
- Document
- Default judgment
Must include
- •Proposed order
No party shall be granted a continuance of a trial or a hearing without a written motion stating the reason for the continuance and a Judgment Entry for the Judge's signature.
The parties as ordered shall prepare all Judgment Entries for hearings unless otherwise ordered.
A proposed Judgment Entry must accompany written motions not requiring a hearing.
If the case involves a written contract or account, this document must be filed with the small claim's petition.
Upon filing of a Motion and Affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required costs, the small claim will be transferred to the regular docket, if the Judge deems this to be necessary.
A FED complaint must include any written lease and the applicable notice or notices to leave the premises.
Court's wording
The Forcible Entry and Detainer (FED) complaint must include a copy of any Written Lease Agreements and the Notices to Leave Premises-3 day notice for back rent or drug activity and 30 day notice followed by a 3 day notice for any reason other than back rent or drug activity.
Each 3-day or 30-day notice must identify the person who served it, that person's relationship to the complainant if applicable, and the type of service.
Court's wording
All 3-day or 30-day notices must list the name of the person serving the notice and if not the complainant-the relationship to the complainant and the type of service, i.e. (a) posted at rental premises, place of abode, or (b) certified mail, or (c) personally served on whom.
A written petition (Exhibit D) shall be filed listing with specificity the reason the Defendant is under suspension, the purposes, times and places the privileges are requested as listed in R. C. 4510.021. General Conditions for Limited Driving Privileges are given to Defendant to read and sign (Exhibit E). Attached to the Petition must be: Written proof (on letterhead signed by the appropriate party) of the hours, days and designation needed, 2. An accurate and current BMV form 2006 or 2009, 3. Proof of payment of reinstatement fees if necessary to acquire privileges or payment plan entered into, 4. Proof of current insurance, Proof of unexpired license status from BMV (if expired, must renew license before Petition is filed).
An unrepresented party must sign each filing, provide an address and telephone number, and state any facsimile number or e-mail address for electronic service.
Court's wording
A party who is not represented by an attorney shall sign the pleading, motion, or other document and state the party's address and telephone number. A party who is not represented by an attorney shall further state a facsimile number or e-mail address, if any, for service by electronic means under Civ.R. 5(B)(2)(f)
Every filing by a represented party must be signed by an attorney of record and state the attorney's specified identifying and contact information.
Court's wording
Every pleading, motion, or other document of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name whose address, attorney registration number, telephone number, facsimile number, if any, and e-mail address, if any, shall be stated.
The Plaintiff must provide the necessary information to fill out the garnishments or debtor's exams.
Absent good cause shown, the Court will not grant a third party leave to plead without the parties or counsel seeking such leave by written Motion.
In all motions requesting leave to plead, counsel shall state the number of prior leaves to plead and proof of service to all parties or attorneys of record. A proposed Judgment Entry must accompany the Motion.
- Document
- Motion for leave to plead
Must include
- •Proposed order
- •Certificate of service
The filing party must also attach a proposed Judgment Entry.
- Document
- Motion for summary judgment
Must include
- •Proposed order
An out-of-state attorney seeking pro hac vice admission must complete the listed oath, written certifications, sponsorship and co-counsel requirements, and submit the specified entry and certificates; admission remains discretionary with the Trial Judge.
Court's wording
An attorney not licensed to practice law in the State of Ohio, but who is duly licensed to practice law in any other state or the District of Columbia, may, in the discretion of the Trial Judge, be permitted to represent a party or parties in any litigation pending or to be filed in this Court after completion of all of the following conditions: File a written oath substantially in compliance with Rule I, Section 8A of the Rules for the Government of the Bar as follows: , hereby (swear or affirm) that I will support the Constitution and laws of the United States and the Constitution and the laws of Ohio, and I will abide by the Code of Professional Conduct; In my capacity as an attorney and officer of the Court, I will conduct myself with dignity and civility and show respect toward judges, court staff, clients, fellow professionals, and all other persons. I will honestly, faithfully, and competently discharge the duties of an attorney at law. (So help me God.) B. Certify in writing that he or she has familiarized himself or herself with Local Court Rules and will familiarize himself or herself with the appropriate Criminal or Civil Rules, the Rules of Evidence and the Code of Professional Responsibility; C. Be sponsored in writing by an attorney licensed to practice law in the state of Ohio. The motion made by the licensed attorney shall certify such out-of-state counsel's compliance with this rule and the Rules for the Government of the Bar; D. The sponsoring attorney shall submit with the motion and certification an entry authorizing the approval of the motion; E. The sponsoring attorney, or any other attorney licensed to practice law in the state of Ohio, shall be co-counsel with the attorney admitted pro hac vice. F. Provide the Court with a Certificate of Good Standing. G. Provide a certificate of pro hac vice registration per S.Ct R. XII(A)(3).
Withdrawal of an attorney of record shall be made upon Motion with a Judgment Entry of Approval and, where possible, the name of the successor attorney shall be included in the judgment entry.
The proposed substituted Counsel shall file an application with a Judgment Entry of Approval and the signature of the Counsel of Record agreeing to the withdrawal with a Judgment Entry.
An inmate’s funeral request must be in writing from the defendant, may be submitted by faxed letter, must include supporting information such as an obituary, and may concern only immediate family as defined in the rule.
Court's wording
Inmates requesting any funeral requests must be in writing from the defendant (a faxed letter from defendant in jail is acceptable) along with proof of information i.e. obituary. Funeral request can only be for immediate family (defined as spouse, children, brother, sister, mother, father, grandparents, grandchildren, mother-in-law, father-in- law, brother-in-law or sister-in-law).
Upon allowance by the Court the substituted Counsel shall serve a copy of the judgment entry on the client and opposing counsel and file a proposed judgment entry rescheduling the case and serve a copy of the Judgment Entry on the client and opposing Counsel.
All requests for excuse, exemption, or deferral must be made in writing and shall be accompanied by appropriate documentation.
These special instructions must be given to the Court no later than the status conference.
Any Entry which Counsel believes needs the immediate attention of the Judge shall be given to the Clerk of Court who will bring the matter to the attention of the Judge at the next available court break.
All Judgment Entries to be signed are directed to the Clerk of Court who will provide them to the Court for review. No Judgment Entries shall be personally presented to the Judge.
No Judgment Entry shall be presented to the Judge without the entire file.
To initiate placement in Mental Health Court, a referral form must be completed and delivered to the Mental Health Court Coordinator.
Court's wording
Placement into Mental Health Court is initiated by obtaining and completing a referral form that is available from the judge or probation department. This form must be completed and delivered to the Mental Health Court Coordinator.
Remote testimony of a witness in a criminal/traffic proceeding requires written consent of the defendant.
COPY OF FORM 2006 FROM BMV STATING REASON FOR LICENSE SUSPENSION: COPY OF INSURANCE CARD ATTACHED
If the criminal Defendant is an Ohio corporation a printout from the Ohio Secretary of State website evidencing the correct statutory agent. If the corporate Defendant is an out of state corporation some other reasonable documentation to this effect.
A title report confirming ownership of the real property in question or after transfer verification a copy of the tax duplicate from the Jefferson County Ohio Auditors website as this cite is not always up to date.
A copy of the notice of violation and certificate of service evidencing how the notice was served upon the alleged violator.
Include
- •Certificate of service
Complaints should identify the property and state the violation and essential facts; citing only a numerical code section is insufficient.
Court's wording
Complaints should be specific as to the identification of the real property and contain a statement of the violation(s) and a written statement of the essential facts constituting the offense charged. Citation to numerical code section alone will not suffice.
Attorneys willing to accept court appointments are required to submit a letter of request to have their name placed on the court approved list for court appointments and shall indicate the degree of offense for which they are qualified under 0AC section 120-1-10.
An attorney requesting such an exemption must submit to the Ohio public defender commission materials that demonstrate that high quality, competent representation will be provided.
The Court must complete Form 95 upon issuance, modification, or termination of an order in any of the listed circumstances.
Court's wording
(B) Definitions As used in this Rule: (1) "Local law enforcement agency" means the police department of a municipal corporation in which an offense occurred or, if the offense did not occur in a municipal corporation, the sheriff of the county in which the offense occurred. (2) "Mental illness" has the same meaning as in R.C. 5122.01. (3) "Offense of violence" has the same meaning as in R.C. 2901.01. (B) Completion of form. The court shall complete "Form 95" upon issuance, modification, or termination of a court order doing any of the following: (1) Ordering a person who pled guilty to or who was convicted of an offense of violence to receive a mental health evaluation; (2) Ordering a person who pled guilty to or who was convicted of an offense of violence to receive treatment for mental illness; (3) Approving a conditional release of a person who was found not guilty by reason of insanity; (4) Approving a conditional release of a person who was found incompetent to stand trial with no substantial probability of becoming competent again even with a course of treatment.
and immediately electronically forward to the Bureau of Motor Vehicles (B.M.V.) an abstract of the court record of any such conviction or bail forfeiture.
* Fingerprint cards shall be placed in the Defendant's case file.
Any such Order shall be journalized and docketed.
The BCI disposition report must contain the ITN, case style and number, the specified arrest or case event date, and the disposition date and determination.
Court's wording
The report is to contain: [R.C. 109.57(A)(2)]: • Incident Tracking Number (ITN). • Style and number of case. • Date of arrest, offense, summons, or arraignment. • Date of disposition - conviction, guilty plea, not guilty finding, dismissal, mistrial, not competent finding, nolle prosequi, any other final determination.
The Clerk shall submit convictions for drug offenses to B.C.I. on a weekly basis.
If the Court approves a conditional release, the Court shall report the approval and information pertaining to the release to the Dispatch Office of the Steubenville Police Department by providing them with a copy of the Court's Order by hand delivery.
Anytime that a protection order is terminated or amended a new Form 10-A shall be prepared and forwarded to the Steubenville Police Department for proper entry into the system.
At the time of arraignment, initial appearance, or sentencing the Court shall complete and the Clerk shall send Form 10-A and a copy of a protection order, no contact order, or consent agreement to the Steubenville Police Department for entry into the 'National Crime Information Center Protection Order Filei to facilitate nationwide enforcement of the order or agreement.
VII. A copy of this Rule shall be forwarded to the Jefferson County Jail and Steubenville Police Department, Jefferson county Sheriff's Office, and Ohio State Highway Patrol.
If documents are to be mailed, the address must be provided.
Attorneys may De removed from the approved list upon written request.
Proposed Judgment Entries may be submitted with the Motion.
As to small claims judgments the Deputy Clerks shall provide the pro se Plaintiff with all forms to file garnishments upon request.
Filing & Service rules
Electronic Filing Rules
Complaints may be filed only as hardcopy with the Clerk or electronically through the online portal.
Complaints may only be filed by means of hardcopy with the Clerk or electronically through the online portal.
Page 18 | RULE 16.0 ELECTRONIC FILINGS
The Clerk's disposition reports to BCI must be submitted electronically.
Reports are electronically submitted.
Page 52 | The Clerk's Reporting Process
Continuance motions and Judgment Entries may be faxed or emailed to the Court.
These may be faxed or emailed to the Court.
Page 9 | E. CONTINUANCES
Motions and subsequent pleadings that require no filing fee may be filed by facsimile.
Motions and subsequent pleadings that do not require a filing fee may be filed by facsimile.
Page 18 | RULE 16.0 ELECTRONIC FILINGS
Email filings are accepted only if the Court authorizes them in advance.
Email filings will only be accepted if authorized by the Court beforehand.
Page 18 | RULE 16.0 ELECTRONIC FILINGS
Pleadings and other documents may be filed electronically through the Court website.
Electronic filing of pleadings and other documents is permitted by accessing the Court website.
Page 18 | RULE 16.0 ELECTRONIC FILINGS
Filing Timing and Cure Windows
The moving party must obtain a hearing date when filing the motion.
The moving party must obtain a hearing date at the date of filing.
Page 5 | Rule 1.0 Criminal Case Management, C. MOTIONS
Motions must meet the filing deadlines in the Ohio Rules of Criminal Procedure unless the Court orders otherwise.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure unless otherwise Ordered.
Page 5 | Rule 1.0 Criminal Case Management, C. MOTIONS
After a failed test, the waiting period before applying is 15 days for a first offense unless the Court waives it, 45 days for a second offense, and 180 days for a third, with credit for any pretrial suspension.
FAILED TEST BEFORE AND AFTER CONVICTION You must wait 15 days before applying for limited driving privilege on a first offense unless waived by the Court. 45 days for a second offense and 180 days on a third offense. *Credit for any Pretrial Suspension
Page 7 | Rule 3.4 Limited Driving Privileges Petition
The stated waiting periods for applying for limited driving privileges after an ALS refusal are 30 days for a first offense, 90 days for a second, one year for a third, and 60 days for underage OVI.
ALS FOR REFUSAL (WITHIN 10 YEARS) 1sToffense must wait 30 days 2nd offense must wait 90 days 3rd offense must wait 1 year Underage OVI-must wait 60 days
Page 7 | Rule 3.4 Limited Driving Privileges Petition
A status conference must be held at least seven days before the jury trial to consider settlement and pretrial issues.
C. STATUS CONFERENCE: A Status Conference shall be held at least seven (7) days before the Jury Trial date to ensure that the case cannot be settled and to address all pre-Jury Trial issues.
Page 8 | Rule 2.0 Civil Case Management — Status Conference
If a case not set for trial has had no activity for six months, the Clerk will notify the party that it will be dismissed within 30 days unless good cause is shown.
C. If no action has been taken on a file for six (6) months and the case is not set for trial, the Clerk shall notify the party that the matter will be dismissed within thirty days unless good cause is shown.
Page 8 | Rule 2.0 Civil Case Management — Clerical Steps
After written notice, the case will be dismissed without prejudice after 30 days unless the plaintiff shows good cause.
the Clerk shall notify Plaintiff, in writing, that the case will be dismissed without prejudice after thirty (30) days unless good cause is shown to the contrary.
Page 8 | Rule 2.0 Civil Case Management — Clerical Steps
For the applicable 30-day and 3-day notices, 30 full days plus three full days must elapse before filing the complaint, excluding the service date and filing date.
Likewise there must be 30 full days plus 3 full days between serving the notices and filing the complaint. (Do not count the day of service or day complaint was filed).
Page 10 | RULE 3.1 FORCIBLE ENTRY AND DETAINER HEARINGS
A Plaintiff must allow three full days between serving the notice and filing the FED complaint, excluding the service date and filing date from the computation.
The Plaintiff must have 3 full days in between serving the notice and filing the complaint with the Clerk of Court. For purposes of computation do not count the day notice is served on defendant or place of abode or the date the FED was filed.
Page 10 | RULE 3.1 FORCIBLE ENTRY AND DETAINER HEARINGS
The Judge or the prevailing party, as ordered, must file a Judgment Entry within 14 days after the hearing and serve a copy on the Plaintiff and Defendant.
The Judge or prevailing party as ordered shall file a Judgment Entry within fourteen (14) days of the hearing and cause a copy to be served on the Plaintiff and Defendant.
Page 10 | RULE 3.1 FORCIBLE ENTRY AND DETAINER HEARINGS
No collection actions may occur until after thirty (30) days from the date of the Judgment pursuant to law.
No collection actions may occur until after thirty (30) days from the date of the Judgment pursuant to law.
Page 11 | IV. COLLECTION OF JUDGMENTS
Reapplication is required for limited driving privileges that have been expired for more than 30 days.
Reapplication is necessary for any privileges which have expired by more than thirty (30) days.
Page 11 | RULE 3.4 LIMITED DRIVING PRIVILEGES PETITION
A motion in limine must be filed at least three days before trial unless good cause is shown.
A Motion In Limine shall be filed not less than three (3) days prior to trial, except for good cause shown.
Page 12 | RULE 4.4 MOTION IN LIMINE
The opposing party has fourteen days to file a response to objections to a Magistrate's decision.
In the event that objections are filed to the decision of the Magistrate the opposing party shall have fourteen days in which to file a response.
Page 18 | RULE 14.0 MAGISTRATES
Parties who wish to provide witness testimony telephonically or by video conferencing shall submit a written request to the Court no fewer than five (5) days before the Court proceeding in which they intend to present the witness' testimony.
Parties who wish to provide witness testimony telephonically or by video conferencing shall submit a written request to the Court no fewer than five (5) days before the Court proceeding in which they intend to present the witness' testimony.
Page 21 | D. Witnesses
The Court must submit a copy of the Order and Form 95 to the Steubenville Police Department Dispatch Office within 48 hours of the Order.
(C) Filing of form upon completion of "Form 95." Within 48 hours of the Order the Court shall submit a copy of the Order and the form to the Dispatch Office of the Steubenville Police Department by hand delivery for entrance of the information into the ¿National Crime Information Center Supervised Release File" through the "Law Enforcement Automated Data Systemi pursuant to R.C. 2929.44(B) and 2945.402(E)(1).
Page 50 | Filing of form upon completion of Form 95
Ohio B.M.V. Reporting: As mandated by Ohio Revised Codes 4510.03 and 4513.37 within seven (7) days after a conviction or bail forfeiture the Clerk of Court shall prepare
Ohio B.M.V. Reporting: As mandated by Ohio Revised Codes 4510.03 and 4513.37 within seven (7) days after a conviction or bail forfeiture the Clerk of Court shall prepare
Page 50 | Ohio B.M.V. Reporting
The Clerk must process these reports by close of business each Friday.
These reports shall be processed by the Clerk no later than the close of business on Friday of each week.
Page 51
The Clerk of Courts must report disposition information to BCI weekly for the specified felony and misdemeanor cases.
The Clerk of Courts is required to report disposition information to BCI weekly for cases involving felonies and certain misdemeanors specified in R.C. 109.572.
Page 52 | The Clerk's Reporting Process
If a law enforcement agency rejects a submitted report, the Clerk must take necessary action to correct it within 48 hours.
In the event that any report submitted to any law entorcement agency is rejected for any reason the Clerk shall take whatever action is necessary to correct the report within 48 hours.
Page 55 | Auditing
Clerks of Courts must respond to NICS examiner research inquiries within 24 hours of an NCIC information request.
Within 24 hours of any NCIC request for information the Clerks of Courts shall respond to research inquiries by NICS examiners.
Page 55
Allow 48 hours of advance notice for the Court to compile and copy older records.
Since older records are not readily available, 48 hour advance notice must be allowed to compile and copy the information.
Page 4 | PUBLIC RECORDS REQUEST
If a promised settlement entry is not received within 30 days, the matter will be scheduled for a pretrial conference.
D. When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days, the matter will be scheduled for pretrial conference.
Page 8 | Rule 2.0 Civil Case Management — Clerical Steps
Settlement Entries may be filed at any time before trial, unless the Court orders otherwise.
SETTLEMENT ENTRIES may be filed at any time before trial or as otherwise Ordered.
Page 9 | H. SETTLEMENT ENTRIES
Service and Proof of Service Rules
Warrants, complaints, traffic tickets, and minor-misdemeanor citations must be properly served on the defendant, or the complaint or citation will be dismissed.
All warrants, complaints, traffic tickets, or minor misdemeanor citations must be properly served upon the defendant. A complaint or citation that has not been properly served will be dismissed for improper service.
Page 6 | Rule 1.0 Criminal Case Management, IV. SERVICE
The plaintiff must obtain service of the summons within six months after filing the cause of action.
If Plaintiff fails to obtain service of Summons within six (6) months from the date the cause of action has been filed
Page 8 | Rule 2.0 Civil Case Management — Clerical Steps
The Clerk's Office must mail notice of a pretrial conference to all counsel of record at least 14 days before the conference.
Notice of pretrial conference shall be given to all counsel of record by mail from the Clerk's Office not less than fourteen (14) days prior to the conference.
Page 8 | Rule 2.0 Civil Case Management — Pretrials
A complaint summons must be served in accordance with the Ohio Rules of Procedure.
A summons for a complaint shall be served in accordance with the Ohio Rules of Procedure.
Page 8 | Rule 2.0 Civil Case Management — Clerical Steps
The party making a written continuance request must serve all parties, counsel, and subpoenaed witnesses.
The moving party making the written request must serve all parties, counsel, and subpoenaed witnesses of the continuance.
Page 9 | E. CONTINUANCES
A party requesting service by publication must oversee publication of the required legal notice and pay all publication costs to the publisher in advance.
Any party requesting service by publication shall be responsible to oversee the publishing of the requisite legal notice and shall be responsible to pay all costs of publication in advance to the newspaper and/or other publisher.
Page 9 | I. SERVICE BY PUBLICATION
The party requesting default judgment must serve written notice of the application on the defaulting party at least seven days before the hearing or order.
The party requesting Default Judgment must serve a written notice of the application for judgment upon the defaulting party at least seven (7) days prior to the hearing or order on such application.
Page 9 | G. DEFAULT JUDGMENTS
All parties must be notified of a default-judgment hearing, and the Plaintiff must testify even if the defendant does not appear.
All parties must be notified of a hearing and testimony given by the Plaintiff even if the defendant is in default and does not appear at the hearing.
Page 9 | G. DEFAULT JUDGMENTS
A copy of the Judgment Entry must be served on the Plaintiff and Defendant.
The Judge or prevailing party as ordered shall file a Judgment Entry within fourteen (14) days of the hearing and cause a copy to be served on the Plaintiff and Defendant.
Page 10 | RULE 3.1 FORCIBLE ENTRY AND DETAINER HEARINGS
A regular civil complaint must be filed and served under the Civil Rules of Procedure.
A regular Civil Complaint will need to be filed and served pursuant to the Civil Rules of Procedure.
Page 10 | RULE 3.2 SMALL CLAIMS COURT
The Clerk must serve a copy of the petition on the BMV by certified mail and facsimile.
A copy of the Petition must be served by the Clerk upon the BMV by certified mail and via facsimile.
Page 11 | RULE 3.4 LIMITED DRIVING PRIVILEGES PETITION
The filing party must serve the summary-judgment motion on the opposite party under the Ohio Rules of Civil Procedure and show proof of service on the motion.
The filing party must serve a copy of the Motion pursuant to the Ohio Rules of Civil Procedure upon the opposite party and show a proof of service on the Motion.
Page 12 | RULE 4.3 MOTION FOR SUMMARY JUDGMENT
A motion for leave to plead must include proof of service to all parties or their attorneys of record.
In all motions requesting leave to plead, counsel shall state the number of prior leaves to plead and proof of service to all parties or attorneys of record.
Page 12 | RULE 4.2 LEAVE TO PLEAD
Withdrawing counsel must serve the motion and judgment entry on the client and any opposing party or counsel by regular U.S. mail.
The withdrawing Counsel shall serve a copy of said Motion and Judgment Entry on the client and the opposing party or counsel, if any, by regular U.S. mail
Page 13 | Rule 7.0 Withdrawal of Counsel
After substitution is allowed, substituted counsel must serve copies of the judgment entries on the client and opposing counsel.
Upon allowance by the Court the substituted Counsel shall serve a copy of the judgment entry on the client and opposing counsel and file a proposed judgment entry rescheduling the case and serve a copy of the Judgment Entry on the client and opposing Counsel.
Page 13 | Rule 7.0 Withdrawal of Counsel
Exhibits to be used in the proceeding must be shared with the witness beforehand when ordered by the Court.
Any Exhibits that are going to be used during the course of proceedings shall be shared with the witness beforehand as Ordered by the Court.
Page 21 | D. Witnesses
Complaints must be served on criminal defendants in accordance with the Ohio Rules of Criminal Procedure.
All complaints shall be served upon a criminal Defendant in accordance with the Ohio Rules of Criminal Proceedure.
Page 37 | IN RE: PROPERTY MAINTENANCE CASES
The Court must deliver a copy of the Order and Form 95 by hand to the Steubenville Police Department Dispatch Office.
(C) Filing of form upon completion of "Form 95." Within 48 hours of the Order the Court shall submit a copy of the Order and the form to the Dispatch Office of the Steubenville Police Department by hand delivery for entrance of the information into the ¿National Crime Information Center Supervised Release File" through the "Law Enforcement Automated Data Systemi pursuant to R.C. 2929.44(B) and 2945.402(E)(1).
Page 50 | Filing of form upon completion of Form 95
The Clerk must hand deliver the protection-order information to the Dispatch Office no later than 24 hours after issuance.
The Clerk shall hand deliver this information to the Dispatch Office of the Steubenville Police Department no later than twenty-four hours after the protection order is issued.
Page 55 | B. Domestic Violence Protection Order and No Contact Orders Following Convictions
The Court will serve the Judgment Entry granting or denying a continuance.
The Court will serve the Judgment Entry denying or granting the continuance.
Page 9 | E. CONTINUANCES
The Clerk must mail the Default Judgment Entry to all parties or, if represented, to their counsel of record.
The Clerk shall mail the Default Judgment Entry to all parties or, if represented, to their counsel of record.
Page 9 | G. DEFAULT JUDGMENTS
The Civil Clerk sends granted privileges to the Ohio BMV by certified mail and facsimile.
The Civil Clerk sends the privileges to the Ohio BMV by certified mail and facsimile.
Page 11 | RULE 3.4 LIMITED DRIVING PRIVILEGES PETITION
Filing Fees and Waivers
Public records requests incur copying, certification, and mailing charges, which must be paid before mailing; personal checks are not accepted.
The charge is 10 cents per page; a certified document is $1.00 per certification. If a person wants documents mailed, there is a fee for mailing costs. All costs must be paid before the documents will be mailed. No personal checks accepted. Cash or money order or certified bank check are required.
Page 4 | PUBLIC RECORDS REQUEST
Fines and court costs are due at the dispositional hearing; a defendant seeking more time must appear before the Judge for a review date.
Fines and court costs are due in full at the time of dispositional hearing. If defendant needs time to pay, he/she must appear before the Judge and a review date will be set to have fines and costs paid in full.
Page 4 | FEES AND COSTS
Each case is assessed one court cost.
Each case shall be assessed one court cost per case.
Page 4 | FEES AND COSTS
A $50 filing fee is due when the limited-driving-privilege filing is made.
4. $50.00 filing fee is required at the time of filing.
Page 7 | Rule 3.4 Limited Driving Privileges Petition
A $55 filing fee must be paid with the motion for unlimited driving privileges.
Unlimited Driving Privileges shall be granted in accordance with ORC Section 4510.022 subject to installation of certified ignition interlock device, verification of a restricted driver's license, proof of insurance, proof of restricted plates if ordered, and payment of a filing fee with the motion the sum of $55.00
Page 7 | Rule 3.4 Limited Driving Privileges Petition
The party requesting a jury trial must post a $450 fee by the date ordered by the Court, or the case will be set for a bench trial.
A jury demand fee of four hundred fifty and no/100 dollars ($450.00) must be posted by the party requesting the jury trial by the date Ordered by the Court or the case will be set for bench trial to the Court.
Page 9 | D. JURY TRIAL
The required filing costs must be paid before a small claim can be transferred to the regular docket.
Upon filing of a Motion and Affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required costs, the small claim will be transferred to the regular docket, if the Judge deems this to be necessary. No transfer will be granted until the filing's costs are paid.
Page 10 | RULE 3.2 SMALL CLAIMS COURT
The 1% rent-escrow fee is chargeable only to the landlord, subject to the stated frivolous-case dismissal exception, and may not be charged to the tenant.
LANDLORD/TENANT-RENT ESCROW: The 1% charge by the clerk for rent escrow pursuant to ORC 5321.08 (D) is chargeable only to the landlord unless the Court dismisses the rent escrow case as a frivolous case. The tenant cannot be made to pay the 1% escrow fee.
Page 11 | RULE 3.3 LANDLORD/TENANT: RENT ESCROW FEE
A defendant seeking limited driving privileges must file a petition with the Civil Division and pay the civil filing fee.
Defendant shall file a Limited Driving Privileges Petition with the Civil Division and pay the civil filing fee.
Page 11 | RULE 3.4 LIMITED DRIVING PRIVILEGES PETITION
For civil jury trials, a $300 deposit is due by the date ordered; otherwise the case will be tried to the Court, and an indigent person may petition for a waiver.
In Civil Case Jury Trials only, a $300.00 deposit must be filed no later than the date Ordered by the Court or the case will be tried to the Court. A person who is indigent may petition the Court for a waiver of the Civil Jury Trial deposit requirement.
Page 15 | SUMMONING OF JURORS
Payment is due when filing and must be made through the electronic payment system on the Court website.
Payment is due at the time of filing and shall be paid via the electronic payment system on the Court's website.
Page 18 | RULE 16.0 ELECTRONIC FILINGS
A jury demand incurs a listed fee of $450.00.
(5) $450.00 $ 450.00. JURY DEMAND
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
A writ of execution in a forcible entry and detainer matter incurs a listed fee of $85.00.
(7) 85.00 - $ 85.00 WRIT OF EXECUTION (F.E.D.)
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $70.00 fee for a notice of appeal, with legal research and capital improvement fund charges.
(4) $ 70.00 - $ 47.00. . NOTICE OF APPEAL 3.00 . . LEGAL RESEARCH FEE $ 20.00. . CAPITAL IMPROVEMENT FUND
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
Each additional defendant in a complaint for money incurs a $15.00 charge.
$ 15.00. EACH ADDITIONAL DEFENDANT
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $95.00 fee for a small claims complaint, with the listed component charges.
(3) $ 95.00 - $ 26.00. SMALL CLAIMS COMPLAINT 15.00. . POSTAGE FOR CERTIFIED MAIL 11.00 . • LEGAL AID FEES 3.00 . . LEGAL RESEARCH FEE 20.00. • SPECIAL PROJECT FUND 20.00 • CAPITAL IMPROVEMENT FUND
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $157.00 fee for forcible detention, with the listed component charges.
(6) $ 157.00 - $ 77.00 FORCIBLE DETENTION 26.00 LEGAL-AID FEE 3.00 LEGAL RESEARCH FEE 1.00. POSTAGE 30.00. „SPECIAL PROJECT FUND 20.00 .CAPITAL IMPROVEMENT FUND
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
Each additional defendant in a small claims complaint incurs a $15.00 postage charge.
$ 15.00. . POSTAGE EACH ADDITIONAL DEFENDANT
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
(2) $ 110.00 - $ 42.00. CROSS COMPLAINT AMENDED - COUNTERCLAIM ANSWER 15.00. CERTIFIED MAIL 3.00. LEGAL RESEARCH FEE 30.00. • SPECIAL PROJECT FUND $ 20.00 CAPITAL IMPROVEMENT FUND
(2) $ 110.00 - $ 42.00. CROSS COMPLAINT AMENDED - COUNTERCLAIM ANSWER 15.00. CERTIFIED MAIL 3.00. LEGAL RESEARCH FEE 30.00. • SPECIAL PROJECT FUND $ 20.00 CAPITAL IMPROVEMENT FUND
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The advance deposit for a civil action or proceeding must be paid to the Clerk when filing.
Advance deposit for the filing of any Civil Action, or proceedings shall be paid to the Clerk with the filing
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $175.00 fee for a complaint for money, with the listed component charges.
(1) $ 175.00 - $ 61.00. COMPLAINT FOR MONEY 15.00 . . . CERTIFIED MAIL 26.00... LEGAL-AID FEES 3.00 . . . LEGAL RESEARCH FEE 50.00. . . SPECIAL PROJECT FUND 20.00 . . . CAPITAL IMPROVEMENT FUND
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $65.00 fee for a change of venue, with legal aid and legal research charges.
(8) $ 65.00 - $ 36.00 CHANGE OF VENUE 26.00 LEGAL AID FEE 3.00 LEGAL RESEARCH FEE
Page 25 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists an $85.00 fee to vacate, modify, or revive, with the listed component charges.
(16) $ 85.00 - $ 47.00. • VACATE, MODIFY, REVIVE 3.00. • LEGAL RESEARCH FEE 20.00. . CAPITAL IMPROVEMENT FUND 15.00. . POSTAGE CERTIFIED MAIL-DEFENDANT
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $105.00 execution fee and specifies that the 10% bond may be paid by cash, certified check, or money order.
(11) $ 105.00 - $82.00. EXECUTION • 10% BOND CASH, CERTIFIED CHECK OR MONEY ORDER 3.00. LEGAL RESEARCH FEE 20.00. CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $70.00 fee to transfer a matter from small claims to civil, with the listed component charges.
(18) $ 70.00 - $ 47.00.. TRANSFER FROM SMALL CLAIMS TO CIVIL 3.00. • LEGAL RESEARCH FEE 20.00. CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
(13) $ 20.00 - 17.00. . TRANSCRIPTS 3.00. . . LEGAL RESEARCH FEE
(13) $ 20.00 - 17.00. . TRANSCRIPTS 3.00. . . LEGAL RESEARCH FEE
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $70.00 fee for trusteeship, with legal research and capital improvement fund charges.
(20) $ 70.00 - $ 47.00 TRUSTEESHIP 3.00 LEGAL RESEARCH FEE 20.00. . CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $31.00 fee for a certificate of judgment, with legal research and capital improvement fund charges.
(9) $ 31.00 - $ 8.00. CERTIFICATE OF JUDGEMENT 3.00. • LEGAL RESEARCH FEE 20.00. . CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $130.00 fee for a cognovit judgment, with the listed component charges.
(17) $ 130.00 - $ 61.00... COGNOVIT JUDGMENT 3.00. . . LEGAL RESEARCH FEE 26.00. • LEGAL AID FEE 20.00. . SPECIAL PROJECT FUND 20.00. . CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $10.00 marriage fee.
(19) $ 10.00 MARRIAGE FEE
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists an $88.00 fee for garnishment of wages, with the listed component charges.
(14) $ 88.00 - $ 50.00... GARNISHMENT OF WAGES 15.00 . . . POSTAGE - CERTIFIED MAIL 3.00. • LEGAL RESEARCH FEE 20.00. • CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $166.00 fee for replevin, with the listed component charges.
(10) $ 166.00 - $ 87.00. • REPLEVIN 26.00. • LEGAL-AID FEES 3.00. • LEGAL RESEARCH FEE 30.00. . SPECIAL PROJECT FUND 20.00 . CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $75.00 fee for a debtor's examination, with the listed component charges.
(12) $ 75.00 - $ 37.00 DEBTORS EXAMINATION 3.00. LEGAL RESEARCH FEE 15.00. POSTAGE FOR CERTIFIED MAIL 20.00.. • CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The schedule lists a $65.00 fee for a bank attachment, with the listed component charges.
(15) $ 65.00 - $ 27.00. BANK ATTACHMENT 3.00. • LEGAL RESEARCH FEE 15.00. CERTIFIED MAIL 20.00. . CAPITAL IMPROVEMENT FUND
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
A $25 processing fee must be paid when the bond is posted and is paid to the City General Fund at the conclusion of the case.
In addition to statutorily mandated fees, you will be required to pay a $25.00 processing fee at the time of posting. This processing fee shall be paid to the City General Fund at the conclusion of Defendant's case.
Page 31 | Exhibit
Statutorily mandated fees must be paid when the bond is posted.
In addition to the cash bond you will be required to pay at the time of posting all statutorily mandated fees as set forth in ORC sections 2949.094(c), 2937.22(B), and 2949.091(B).
Page 31 | Exhibit
A 3% processing fee applies at the time of each distribution.
PLUS 3% FEE FOR PROCESSING AT TIME OF EACH DISTRIBUTION
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
When a plaintiff files an affidavit of poverty, security of court costs is not required.
IN ANY ACTION OR PROCEEDINGS, WHEN THE PLAINTIFF FILES AN AFFIDAVIT OF POVERTY, NO PLUS 3% FEE FOR PROCESSING AT TIME OF EACH DISTRIBUTION SECURITY OF COURT COSTS SHALL BE REQUIRED
Page 26 | THE FEES AND COSTS IN ANY ACTION OR PROCEEDINGS
The fees described in items 8 and 9 are refunded if the defendant is found not guilty or the case is dismissed.
Items 8 and 9 shall be refunded upon a finding of not guilty or dismissal.
Page 31 | Exhibit
Pre-Motion Conference Requirements
Opposing counsel must respond in the same manner within 14 days; motions are then considered submitted unless the Court extends the time.
Opposing counsel shall answer in like manner within fourteen (14) days thereatter. All Motions will be considered submitted at the end of said fourteen (14) day period unless the Court extends time.
Page 8 | Rule 2.0 Civil Case Management — Motions
A response may be filed under Civil Rule 56, and after the 28-day response period the Court will schedule a hearing or rule.
The Court will permit a response to be filed pursuant to Civil Rule 56. After the response time of twenty-eight (28) days has passed, the Court will schedule a hearing or make a ruling.
Page 12 | RULE 4.3 MOTION FOR SUMMARY JUDGMENT
A summary-judgment oral hearing will be held only if the parties request one in writing.
No oral hearing will be held for a Motion for Summary Judgment unless requested by the parties in writing.
Page 12 | RULE 4.3 MOTION FOR SUMMARY JUDGMENT
Adjournment & Extension Requirements
An application to continue a pretrial conference must be addressed to the Civil Deputy Clerks.
Any application for continuance of the conference shall be addressed to the Civil Deputy Clerks. See Rules for continuance.
Page 8 | Rule 2.0 Civil Case Management — Pretrials
A continuance requires a written motion stating the reason and a Judgment Entry for the Judge’s signature; a new hearing date and at least three future available dates and times must be provided, and the Court decides whether to grant the request.
No party shall be granted a continuance of a trial or a hearing without a written motion stating the reason for the continuance and a Judgment Entry for the Judge's signature. These may be faxed or emailed to the Court. No continuance will be granted without a new hearing date being given and counsel of record or unrepresented parties shall provide the clerk with not less than three future dates and times for which they are available. The following are six (6) possible reasons for a continuance: 1. Conflict with prior scheduled Court hearing. 2. Material witness is unavailable due to no fault of the Attorney. 3. Subpoena unable to be served. 4. Hospitalization or unexpected illness of the attorney or any party with proper medical excuse. 5. Death in the immediate family of the attorney, witness, or party. 6. Good cause shown as decided by the Court. The granting of a request for continuance of a scheduled hearing is a matter within the discretion of the trial court.
Page 9 | E. CONTINUANCES
If the Court determines an in-person proceeding is necessary, it may continue the matter and require the parties to attend in person.
If at any time during a court proceeding conducted by telephone or video conferencing the Court determines that an in-person proceeding is necessary, the Court may continue the matter and require the parties to attend in person.
Page 21 | Telephone or Video Conferencing
Chambers Communication Rules
Criminal continuance requests and civil continuances must be directed to the deputy clerks.
All criminal continuance requests and civil continuances shall be directed to the deputy clerks.
Page 9 | E. CONTINUANCES
Ex parte communication with the judge is prohibited.
No ex parte communication is permitted with Judge.
Page 13 | Rule 8.0 Ex Parte Communications
An officer or prosecutor who reasonably believes a personal recognizance bond is insufficient must contact the Judge 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 Judge shall be contacted for additional authority.
Page 27 | Revised Bond Schedule effective July 3, 2023
For those felony and misdemeanor offenses set forth in paragraphs 3 A through D above the arresting officer shall as soon as practicable contact the Judge, be sworn, and if probable cause is established the Court shall set bond and notify the Jail. Alternatively, the arresting officer may electronically provide the Judge with the police reports and probable cause affidavit. If probable cause is established the Court will determine the appropriate bond and notify the Jail.
For those felony and misdemeanor offenses set forth in paragraphs 3 A through D above the arresting officer shall as soon as practicable contact the Judge, be sworn, and if probable cause is established the Court shall set bond and notify the Jail. Alternatively, the arresting officer may electronically provide the Judge with the police reports and probable cause affidavit. If probable cause is established the Court will determine the appropriate bond and notify the Jail.
Page 28 | Revised Bond Schedule effective July 3, 2023
An attorney must ensure they are qualified for an appointment and immediately inform the Court if appointed to a case for which they lack the required qualifications.
It is the responsibility of the Attorney to ensure that they are duly qualified to undertake representation in accordance with OAC section 120-1-10 and to immediately inform the Court if they are appointed to a case in which they do not have the requisite qualifications.
Page 38 | Indigent Court Appointments and Attorney Qualifications.
Letters and other correspondence must be given to the Clerk of Courts and Prosecutor for approval.
Any letters or any type of correspondence shall be given to the Clerk of Courts and Prosecutor for approval.
Page 13 | Rule 8.0 Ex Parte Communications
Jurors are instructed to call the Court before 3:00 p.m. before the Jury Trial date for instructions regarding being summoned for service.
Jurors are instructed to call the Court before 3:00 p.m. before the Jury Trial date for instructions regarding being summoned for service.
Page 15 | SUMMONING OF JURORS
Attorneys must notify the Court by 3:00 p.m. on the day before trial of any plea change, or jury costs will be assessed to the case.
All attorneys shall notify the Court by 3:00 p.m. of the preceding day of a Jury Trial of any changes in plea or Jury costs shall be assessed to their Case.
Page 15 | SUMMONING OF JURORS