Struthers Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must be written and submitted within seven calendar days of the scheduled trial or hearing, and must state specific reasons for the request.
- A continuance motion in a forcible-entry-and-detainer case must be written, state its reasons, and be filed at least three days before trial; it requires judicial approval, may be granted in the Judge's or Magistrate's discretion, and may be conditioned on posting a bond.
Communication
Phone
Clerk
Document Format Requirements4 rules
All demands for jury trials in civil and criminal cases shall be made in writing and in civil cases shall be accompanied by the deposit set forth in the cost structure of these rules.
- Jury demand
Formatting
- •The demand must be made in writing
All filed papers must be typed on 8½-by-11-inch paper.
- Paper size
- Letter
Court's wording
All papers filed with the Clerk of Court in any action or proceeding shall be typed on 8 ½" by 11" paper and filed under the style and number of the cause; shall include the name of the judge; a notation as to the type of case, a short description as to what type of pleading is being filed and any other information required by the civil or criminal rules.
Documents submitted must be in a digitized format specified by the Judge.
The face of any pleadings filed shall provide a blank of approximately three inches in diameter in the upper right portion of the pleadings sufficient to permit the clerk's time stamp
Document Filing Requirements26 rules
All judgment entries finalizing the case shall specify how the costs shall be applied
A continuance motion must include a proposed judgment entry that leaves the new time and date blank for the Court to set.
- Document
- Continuance motion
Must include
- •Proposed order
Court's wording
Motions for continuance shall be submitted in writing within seven (7) calendar days of a scheduled trial or hearing; said motion shall be accompanied by a $30.00 filing fee except in exigent circumstances stated or if continuance is required pursuant to the Ohio Rules of Superintendence; said motion shall provide the court with specific reasons for the continuance; and said movant shall submit a proposed judgment entry with the motion for continuance, leaving the time and date blank for the court to set a new date.
All filed papers must identify the cause by its style and number, name the judge, and state the case type and a short description of the pleading.
- Document
- Filed paper
Must include
- •Judge name
Court's wording
All papers filed with the Clerk of Court in any action or proceeding shall be typed on 8 ½" by 11" paper and filed under the style and number of the cause; shall include the name of the judge; a notation as to the type of case, a short description as to what type of pleading is being filed and any other information required by the civil or criminal rules.
A civil filer seeking the fee waiver must submit an Affidavit in Forma Pauperis with the specified sworn statement.
Court's wording
All fees and costs shall be waived in civil cases upon the filing of an Affidavit in Forma Pauperis stating under oath that the filer does not have the means to produce said fees and/or cost without suffering a hardship.
All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.
Criminal complaints shall comply with Ohio Criminal Rule 3.
Small claims complaints shall comply with Ohio Revised Code 1925.04(B).
If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule
A Motion for Telephonic Appearance must be filed with the Court, with notice to counsel/opposite party, along with a Judgment Entry. The Judgment Entry must be granted by the Judge/Magistrate for the motion to be approved.
A forcible-entry-and-detainer complaint based on breach of a written contract must state the eviction reason in the body and attach the legally prescribed three-day notice.
Court's wording
A complaint in forcible entry and detainer filed with the clerk of the Struthers Municipal Court based upon a breach of a written contract shall specifically set forth the reason(s) for the eviction in the body of the complaint and attach thereto a three (3) day notice as is prescribed by law.
An attorney seeking withdrawal must file a written motion with a proposed Judgment Entry stating the reasons and representing that the client received written notice, advice to obtain other counsel, and information about upcoming required appearances.
Must include
- •Proposed order
Court's wording
An attorney who desires to withdraw from representing a client in a civil or criminal case shall file a written motion to withdraw together with a proposed Judgment Entry representing the reasons for the withdraw. In the motion, the attorney shall represent that he notified his client in writing that he is no longer willing to provide further legal services for his benefit; that counsel informed his client that his client should immediately secure the assistance of other competent counsel and further informed his client of any upcoming dates his client is required to attend.
A forcible-entry-and-detainer complaint based on breach of a month-to-month tenancy must state the eviction reason in the body and attach the legally prescribed 30-day and/or three-day notice.
Court's wording
A complaint in forcible entry and detainer filed with the clerk of the Struthers Municipal Court based upon a breach of a month-to-month tenancy shall specifically set forth the reason(s) for the eviction in the body of the complaint and attached thereto a thirty (30) day and/or three (3) day notice as is prescribed by law.
Further, the clerk shall notify the tenant(s) in the body of the summons the date, time and place of each of said hearings.
Each Defendant will then be served a copy of the complaint by personal service, together with a summons setting the date and time the forcible entry and detainer will be heard.
The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.
A small-claims complaint form must be completed in full, signed before a notary or Clerk/Deputy Clerk, and delivered to the Clerk of Court.
Court's wording
Forms to file a small claims complaint can be printed from the court's website found at www.StruthersCourt.com. The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.
A defendant's motion to transfer a small-claims case must be accompanied by an affidavit stating that a good defense exists, its grounds, the reason for transfer, and compliance with any court-imposed terms.
Court's wording
A case duly entered on the docket on the small claims division shall be transterred to the regular docket of the court upon the motion of the court made at any stage of the proceedings; upon the motion of defendant, accompanied by an affidavit stating that a good defense to the claim exists; setting forth the grounds of the defense; setting forth the reason such transter is requested; and the compliance of the defendant with any terms fixed by the court; or by the filing of a counterclaim in an amount greater than $6,000.00.
An account complaint must include a complete, itemized account beginning at a zero balance, and the court may dismiss a noncompliant complaint without prejudice.
Court's wording
Any action filed upon an account shall have attached to the complaint a copy of such account, which account shall begin from a zero balance and indicate each and every charge against and every credit for the party to be charged; the dates each debit was charged and credit was applied and which shall be a complete itemization of the account to the date of the filing. The court in its discretion may summarily dismiss, without prejudice, any complaint filed which is not in compliance with this rule.
When a matter set for trial settles, counsel must prepare and sign a judgment entry and present it to the court within 10 days after reporting the settlement.
Court's wording
In the event a matter set for trial is settled, counsel for the parties shall prepare and sign a judgment entry. Such judgment entry shall be presented to the court no later than ten (10) days after the parties reported to the court that the case had been settled.
When directed by the court, prevailing counsel must prepare a judgment entry and submit it to opposing counsel within 10 days, unless the court extends the time.
Court's wording
When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decreed is entered in a civil case shall, within ten (10) days thereafter, unless the time is extended by the court, prepare an appropriate Judgment Entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after its receipt and may in case of rejection, file objections thereto in writing with the court.
An arraignment without the defendant present is permitted only with the stated approvals and representation, and a written, signed consent, not-guilty plea, and speedy-trial waiver.
Court's wording
An arraignment without the appearance of the defendant is permitted only if the defendant is represented by counsel; the defendant's counsel orally or in writing secures the approval of the prosecutor and Judge and the defendant's consent, plea of "not guilty," and waiver of his right to a speedy trial shall be reduced to a writing and duly signed by the defendant and defendant's counsel.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel together with a filing fee in accordance with the court's cost structure.
The filer need not file the source document with the Clerk but must retain it, produce it on request, and keep it until the case and all appeal opportunities have ended.
Court's wording
The filer shall not be required to file the source document with the clerk but must maintain same in the filer's records, and have same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.
In the event that personal service fails, the plaintiff or plaintiff's counsel may issue notice by publication and file with the clerk, an affidavit showing publication was made, and a copy of the notice of the final publication.
A Journal Entry must be filed to obtain the described extension of time.
Court's wording
However, parties may generally obtain one (1) extension of time without leave of court not to exceed thirty (30) days, in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing a Journal Entry
The parties may submit their own case management plan prior to the hearing for the Court's consideration.
Filing & Service rules
Electronic Filing Rules
The clerk must provide electronic filing for all court users and documents, and attorneys must e-file documents in all case categories.
The clerk shall provide an electronic filing service to all court users for all documents in any category of cases. Electronic filing shall be mandatory for any attorney filing any document in any category of cases in the SMC.
Page 5 | RULE 1.09 Electronic Filing
An attorney may authorize only an employee or a retained electronic-filing service provider to file electronically on the attorney's behalf.
No attorney shall authorize anyone to electronically file on that attorney's behalf, other than his/her employee or a service provider retained to assist in electronic filing.
Page 5 | RULE 1.09 Electronic Filing
No person may use or permit another to use someone else's password for electronic filing.
No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 5 | RULE 1.09 Electronic Filing
Filers must not electronically file documents containing Social Security numbers, specified account numbers, or information concerning a minor.
4. No filer shall electronically file any document containing the following information: a. Social Security Numbers b. Account numbers for an individual's bank account, security account, debit card, charge card, or credit card; or c. Information concerning a minor, including the minor's date of birth, age, telephone numbers or address.
Page 7
The Court accepts online filings subject to the requirements of its online filing Case Management System.
WHEREAS, pursuant to SMC Rule No. 1.09, the court will accept online filings subject to the requirements of our online filing Case Management System.
Page 47 | Administrative Entry: Re: Electronic filing
The electronic filing service must be available 24 hours a day, seven days a week.
The electronic filing service shall be available 24 hours a day, 7 days a week.
Page 5 | RULE 1.09 Electronic Filing
Electronic filing by an attorney, an authorized filer, or an unrepresented party constitutes that attorney's or party's signature under Ohio Civil Rule 11.
The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.
Page 5 | RULE 1.09 Electronic Filing
An electronic signature is treated as the signature of the identified attorney or party, but a document transmitted without authority must be stricken.
Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.
Page 5 | RULE 1.09 Electronic Filing
A pro se party who is not registered in the court's electronic filing system may file paper documents with the Clerk.
Pro Se parties who are not registered users of the Court's electronic filing system may file documents in paper form with the Clerk.
Page 5 | RULE 1.09 Electronic Filing
The court's authorized electronic filing service acts as the Clerk's agent for filing, receipt, service, and retrieval of electronic documents.
The Court's authorized electronic filing service is hereby appointed the agent of the Clerk for the purpose of filing, receipt, service and retrieval of electronic documents.
Page 5 | RULE 1.09 Electronic Filing
Electronically filed documents constitute the official court record, and any maintained paper records are copies.
All electronically filed documents will be part of the official court record. Paper records, if maintained, will be considered a copy of the official court record.
Page 5 | RULE 1.09 Electronic Filing
The listed document categories may be filed electronically, subject to the specified conditions.
The following documents may be filed by electronic means with the court, subject to the conditions set forth herein:
Page 6 | RULE 1.09 Electronic Filing
Filing Timing and Cure Windows
A corrective filing after rejection is a new filing and does not relate back unless the filer obtains relief by motion when the rejection resulted from technical errors.
Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.
Page 6 | RULE 1.09 Electronic Filing
A defendant must answer within 28 days after service; if the defendant does not, the court must promptly set the matter for trial.
In the event a party defendant fails, refises and/or neglects to answer a complaint within twenty-eight (28) days after service, the Court shall promptly set the matter for trial.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
The plaintiff may file a default-judgment motion after the defendant’s answer date through seven days before trial; failing to file it timely may result in sua sponte dismissal of the action against the defendant.
The plaintiff or plaintiffs counsel is granted leave to file a motion for default judgment upon the passing of Defendant's Answer date through the date seven days prior to the scheduled trial date. Additionally, the failure to timely file a motion for default judgment may result in the court sua sponte dismissing plaintiff's action against the defendant.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
A summary-judgment motion may not be filed after the dispositive-motion date set at the initial pretrial hearing unless the court determines there is good cause.
No motion for summary judgment shall be filed in any case after the dispositive motion date set at the initial pre-trial hearing unless the court, for good cause, determines otherwise.
Page 13 | (C) Dispositive Motions — (2) Summary Judgment Motions
A party seeking default judgment must apply in writing or orally to the trial judge at least seven days before trial.
When a party against whom a judgment for affirmative relief is sought, has failed to plead or otherwise defend as provided by the civil rules, the party entitled to a judgment by default shall promptly apply in writing or orally to the trial judge at least seven (7) days prior to the date the matter is set for trial.
Page 13 | (C) Dispositive Motions — (1) Motions for Default Judgment
A motion to withdraw must be filed more than ten days before the next scheduled appearance.
Said motion shall be filed more than ten (10) days before the next scheduled appearance date.
Page 13 | (D) Withdraw of Counsel
When a complaint includes a forcible-entry-and-detainer count, the clerk must set that count within the time prescribed by law and the breach-of-contract count more than 30 days thereafter.
Upon the filing of a complaint which includes a count in forcible entry and detainer, the clerk shall bifurcate the hearings by way of setting the forcible entry and detainer count within the time prescribed by law and setting the breach of contract count more than 30 days thereafter.
Page 14 | RULE 2.04 Trials on Forcible Entry and Detainer Action
A jury-trial demand in a forcible-entry-and-detainer case must be made in writing and filed with the Clerk's office at least three days before trial.
A demand for a jury trial in forcible entry and detainer cases shall be made in writing and filed with the clerk's office not less than three (3) days prior to the date of trial.
Page 14 | RULE 2.05 Demand for Jury Trial-Forcible Entry and Detainer Cases
A small-claims hearing must be set no earlier than 15 days and no later than 40 days after filing.
The law requires that all small claim hearings shall be set no less than fifteen (15) days nor more than forty (40) days after the date of the filing.
Page 15 | RULE 2.09 Small Claim Complaint and Proceedings
A counterclaim or crossclaim must be filed with the Clerk of Courts at least seven days before trial of the plaintiff's original claim.
Any person who files a counterclaim or crossclaim shall file it with the Clerk of Courts and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.
Page 15 | RULE 2.09 Small Claim Complaint and Proceedings
Prevailing counsel must prepare and submit the judgment entry within 10 days of the court's order or direction, unless the court extends the time.
When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decreed is entered in a civil case shall, within ten (10) days thereafter, unless the time is extended by the court, prepare an appropriate Judgment Entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after its receipt and may in case of rejection, file objections thereto in writing with the court.
Page 16 | RULE 2.12 Judgment Entries and Settlements
A settlement judgment entry must be presented to the court no later than 10 days after the parties report the settlement.
In the event a matter set for trial is settled, counsel for the parties shall prepare and sign a judgment entry. Such judgment entry shall be presented to the court no later than ten (10) days after the parties reported to the court that the case had been settled.
Page 16 | RULE 2.12 Judgment Entries and Settlements
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Motions shall be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 20 | (E) Motions
The judge must rule within seven days thereafter, unless a responsive pleading is filed or the court grants leave for one to be filed.
the judge shall enter his ruling thereon within seven (7) days thereafter, unless a responsive pleading is filed, or the Court grants leave for a responsive pleading to be filed.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
Thirty days after the complaint is issued, the clerk must check the docket to determine whether service was perfected on all parties.
Thirty (30) days after the complaint is issued, the clerk shall check the docket to determine whether service was perfected on all parties.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
The clerk must deliver any motion to the judge within two days after filing.
The clerk of Court shall deliver any motion to the judge within two (2) days after the filing
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
A defendant with an offense processable by the traffic violations bureau may, within seven days after ticket issuance, appear and plead guilty and pay, or mail the signed ticket and payment.
(1) Within seven (7) days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violations bureau may do either of the following: (a) Appear in person at the traffic violations bureau, sign a plea of guilty and waiver of trial provision of the ticket, and pay the total amount of the fines and costs; (b) Sign the guilty plea and waiver of trial provision of the ticket and mail the ticket and money order, or other approved form of payment for the total amount of the fine and costs to the traffic violation bureau.
Page 31 | Rule 5.05 Defendant's Appearance, Plea and Waiver of Trial
A defendant with an offense processable by the traffic violations bureau may, within seven days after ticket issuance, plead guilty, waive trial, and pay by credit or debit card online or at the window.
(2) Within seven days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violation bureau may enter his plea of guilty to the offense, waive his right to trial, and pay the total amount of the fine and costs with a credit and/or debit card either over the internet or at the window.
Page 31 | Rule 5.05 Defendant's Appearance, Plea and Waiver of Trial
Upon complete receipt and successful transmission, the system assigns a transaction number and displays the filing date and time and an image of the document.
A transaction number will be assigned to each document when it is received in its entirety by the receiving device of the clerk. The transaction number and the date and time of filing will be displayed on the screen of the filer's computer, with an image of the document filed, upon successful transmission of the document.
Page 6 | RULE 1.09 Electronic Filing
Service and Proof of Service Rules
When an attorney or party has filed an email address with the court, service by email constitutes service under the cited rules but does not add three days under Ohio Civil Rule 6(E).
Where an electronic mail address has been filed with the court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three (3) days provided by Ohio Civil Rule 6(E).
Page 6 | RULE 1.09 Electronic Filing
Court-filed documents must be served under Ohio Civil Rule 5 or Ohio Criminal Rule 49, subject to the stated filed-email-address provision.
Documents filed with the court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the court.
Page 6 | RULE 1.09 Electronic Filing
An electronically served document must include proof of service stating the email address used to serve the attorney or party.
Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.
Page 6 | RULE 1.09 Electronic Filing
The clerk must serve each defendant with a true and accurate copy of the complaint and summons within five days after filing.
Upon filing of a civil case, the clerk shall within a period of five (5) days serve a true and accurate copy of the complaint and summons to the defendant(s) in accordance with Rules 4.1-4.6 of the Ohio Rules of Civil Procedure.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
A first extension request must be accompanied by a stipulation by or notice to opposing counsel.
with the Clerk of Courts, thereon noting "First Leave" or words of similar import, with stipulation by or notice to opposing counsel.
Page 11
Notice of a motion for telephonic appearance must be given to counsel or the opposing party.
A Motion for Telephonic Appearance must be filed with the Court, with notice to counsel/opposite party, along with a Judgment Entry.
Page 11 | Telephonic Appearance Procedure
If the party against whom default judgment is sought has appeared, written notice of the hearing, including its date and time, must be served on that party.
If a party against whom judgment by default is sought has appeared in the action, written notice of the hearing on the motion along with the date and time fixed by the assignment clerk with the concurrence of the trial judge shall be served upon that party.
Page 13 | (C) Dispositive Motions — (1) Motions for Default Judgment
If all stated conditions are met, the clerk must place the case on the jury-trial docket and notify each party of the trial date and time.
In the event all the foregoing conditions have been met, the clerk shall place the forcible entry and detainer case on the jury trial docket and notice cach party of the date and time of trial.
Page 14 | RULE 2.05 Demand for Jury Trial-Forcible Entry and Detainer Cases
Each defendant must be personally served with the complaint and a summons setting the hearing date and time.
Each Defendant will then be served a copy of the complaint by personal service, together with a summons setting the date and time the forcible entry and detainer will be heard.
Page 14 | RULE 2.03 Complaint in Forcible Entry and Detainer
A counterclaim or crossclaim must be served on all other parties at least seven days before trial of the plaintiff's original claim.
Any person who files a counterclaim or crossclaim shall file it with the Clerk of Courts and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.
Page 15 | RULE 2.09 Small Claim Complaint and Proceedings
Each defendant must be served the complaint and a summons stating the small-claims hearing date and time by certified mail.
Each Defendant will then be served a copy of the complaint by certified mail, together with a summons setting the date and time the small claim will be heard.
Page 15 | RULE 2.09 Small Claim Complaint and Proceedings
Ordinary mail may be used to notify a pro se litigant that they must appear.
Ordinary mail service of written notification or telephone notification when ordered by the Court is sufficient notification to require a pro se litigant to appear.
Page 4 | RULE 1.05 Official Notification of Pro Se Litigant
If personal service fails, the plaintiff or counsel may serve by publication and must file with the clerk an affidavit of publication and a copy of the notice of final publication.
In the event that personal service fails, the plaintiff or plaintiff's counsel may issue notice by publication and file with the clerk, an affidavit showing publication was made, and a copy of the notice of the final publication.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
If service has not been perfected, the clerk must notify the plaintiff or counsel and request an alias summons to the defendants’ proper address or personal service by the bailiff where they may be found.
In the event service has not been perfected on some or all of the defendants, the clerk shall notify plaintiff or plaintiff's counsel and request that an alias summons be issued to the defendants) proper address or request personal service by the bailiff at a location the defendant(s) may be found.
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
Filing Fees and Waivers
A civil jury-trial demand must be accompanied by the deposit specified in the rules' cost structure.
All demands for jury trials in civil and criminal cases shall be made in writing and in civil cases shall be accompanied by the deposit set forth in the cost structure of these rules.
Page 4 | RULE 1.08 Filing Fees and Costs
A continuance motion must include a $30 filing fee, except in stated exigent circumstances or when a continuance is required under the Ohio Rules of Superintendence.
Motions for continuance shall be submitted in writing within seven (7) calendar days of a scheduled trial or hearing; said motion shall be accompanied by a $30.00 filing fee except in exigent circumstances stated or if continuance is required pursuant to the Ohio Rules of Superintendence; said motion shall provide the court with specific reasons for the continuance; and said movant shall submit a proposed judgment entry with the motion for continuance, leaving the time and date blank for the court to set a new date.
Page 4 | RULE 1.06 Motions for Continuance
The Clerk will not accept a document for filing without a filing fee or security for costs unless the Court directs otherwise in writing.
The Clerk of the Struthers Municipal Court shall not accept for filing any document without a filing fee or security for costs unless otherwise directed by the Court in writing.
Page 4 | RULE 1.08 Filing Fees and Costs
Fees and costs must be waived in civil cases when the filer submits the specified sworn Affidavit in Forma Pauperis.
All fees and costs shall be waived in civil cases upon the filing of an Affidavit in Forma Pauperis stating under oath that the filer does not have the means to produce said fees and/or cost without suffering a hardship.
Page 5
A jury-trial demand must be accompanied by a $400 jury deposit.
Such a filing shall be accompanied by a jury deposit of $400.00 as prescribed in the cost structure of these rules.
Page 14 | RULE 2.05 Demand for Jury Trial-Forcible Entry and Detainer Cases
The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.
The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.
Page 14 | RULE 2.03 Complaint in Forcible Entry and Detainer
A continuance motion in a forcible-entry-and-detainer case must be accompanied by the motion fee prescribed in the rules' cost structure.
A motion to continue a forcible entry and detainer case shall be filed not less than three (3) days prior to the date of trial; shall be made in writing specifically setting forth the reason(s) for the request; and shall be accompanied by a motion fee as prescribed in the cost structure of these rules.
Page 14 | RULE 2.06 Continuances - Forcible Entry and Detainer Cases
A defendant's counterclaim exceeding $6,000 is subject to the regular-docket filing fee.
In the event the defendant files a counterclaim in an amount in excess of $6,000.00, the filing fee for a regular docket filing shall apply. (See Regular Docket Filing Fee in the cost structure portion of these rules).
Page 15 | RULE 2.10 Transfer of Small Claim Cases
A filing fee specified in the rules' cost structure must accompany a small-claims complaint form delivered to the Clerk of Court.
Forms to file a small claims complaint can be printed from the court's website found at www.StruthersCourt.com. The form must be completed in its entirety, signed in front of a notary or in front of the Clerk/Deputy Clerk, and delivered to the Clerk of Court together with a filing fee set forth in the cost structure of the rules.
Page 15 | RULE 2.09 Small Claim Complaint and Proceedings
A filing fee is required with motions, as specified by the court's cost structure.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel together with a filing fee in accordance with the court's cost structure.
Page 20 | (E) Motions
A writ of execution or attachment costs $60.00.
Writ of Execution/Attachment $60.00
Page 34 | POST-JUDGMENT REMEDIES
Writ of Restitution $60.00
Writ of Restitution $60.00
Page 34 | POST-JUDGMENT REMEDIES
Third-party complaints and complaints on cognovit notes cost $125.00.
Complaints: Third - Party Complaints; and Complaints on Cognovit Notes $125.00
Page 34 | CIVIL COST STRUCTURE — PLEADINGS
A $400 jury deposit must accompany any pleading containing a jury demand; failure to pay waives the jury-trial right, and the deposit is returned if the case settles before jury call or taxed as costs otherwise.
Security for Jury Demands $400.00 Jury deposits shall accompany any pleading containing a jury demand. Failure to pay the jury deposit constitutes a waiver of the party's right To a jury trial and shall be stricken. If the case is settled prior to jury call, The deposit shall be returned. If the case is not settled prior to jury call, The deposit shall be taxed as costs.
Page 34 | CIVIL COST STRUCTURE — PLEADINGS
Rental escrow actions cost 1% of the deposits.
Rental Escrow Actions 1% of Deposits
Page 34 | CIVIL COST STRUCTURE — PLEADINGS
Motions to show cause in contempt cost $60.00.
Motions to Show Cause in Contempt $60.00
Page 34 | POST-JUDGMENT REMEDIES
Small claim complaints and small claim counterclaims cost $80.00.
Small Claim Complaints and Small Claim Counterclaims $80.00
Page 34 | CIVIL COST STRUCTURE — PLEADINGS
Wage garnishment costs $135.00.
Wage Garnishment $135.00
Page 34 | POST-JUDGMENT REMEDIES
Counterclaims and cross claims cost $50.00.
Counterclaims and Cross Claims $50.00
Page 34 | CIVIL COST STRUCTURE — PLEADINGS
Bank garnishment costs $85.00.
Bank Garnishment $85.00
Page 34 | POST-JUDGMENT REMEDIES
Debtor exams cost $60.00.
Debtor Exams $60.00
Page 34 | POST-JUDGMENT REMEDIES
Trusteeships cost $250.00.
Trusteeships $250.00
Page 34 | CIVIL COST STRUCTURE — PLEADINGS
Neither counsel nor the client owes the $30 continuance fee when the continuance is requested because counsel has a conflicting trial or hearing in another Ohio court.
Under these circumstances neither counsel nor his client is obligated to pay the $30.00 continuance fee.
Page 4 | RULE 1.06 Motions for Continuance
The court may waive fees and costs in a criminal case after a hearing determines the defendant's ability to pay.
All fees and costs may be waived in criminal cases upon the court's determination at a hearing on the defendant's ability to pay.
Page 5
Payment of costs or fees using loose coin is limited to $10.00.
Payment of costs or fees with loose coin shall not exceed $10.00.
Page 5
The Clerk collects normal filing fees, deposits, and copy costs only by cash, credit card, or check.
Normal filing fees, deposits, and copy costs will be collected by the Clerk via cash, credit card or checks only.
Page 6 | RULE 1.09 Electronic Filing
The Clerk may reject an electronically filed document requiring a fee if the filer has not followed the court's fee-payment mechanism.
Any document filed electronically that requires a filing fee may be rejected by the Clerk unless the filer has complied with the mechanism established by the court for the payment of filing fees.
Page 6 | RULE 1.09 Electronic Filing
When transferring a case to the regular docket, the judge or magistrate may require a party to pay additional costs within a court-designated period.
If a case is ordered transferred to the regular docket by the judge or magistrate, the judge or magistrate in addition to any other appropriate condition(s) may order a party to pay additional costs within a period of time designated by the court.
Page 15 | RULE 2.10 Transfer of Small Claim Cases
Certified-mail service in excess of one defendant costs $20.00.
By Certified Mail in excess of one defendant $20.00
Page 35 | Service of Process
An Order and Affidavit of Financial Status costs $10.00.
Order and Affidavit of Financial Status $10.00
Page 35 | APPENDIX A — COST STRUCTURE
Photocopies over the listed threshold cost $0.12 per page.
10 + Photocopies $0.12 per page
Page 35 | Photocopy Expenses
An objection to a Magistrate's Decision has a $25.00 service fee payable to the City of Struthers.
Objection to Magistrate's Decision $25.00
Page 35 | SERVICE FEES (To the City of Struthers)
The listed charge for 0–10 photocopies is $0.00.
0 - 10 Photocopies $0.00
Page 35 | Photocopy Expenses
Motions have a $25.00 service fee payable to the City of Struthers.
Motions $25.00
Page 35 | SERVICE FEES (To the City of Struthers)
Issuing a Certificate of Judgment has a $15.00 service fee payable to the City of Struthers.
Issuance of Certificate of Judgment $15.00
Page 35 | SERVICE FEES (To the City of Struthers)
Alias service by regular mail costs $20.00.
By Alias Service Regular Mail $20.00
Page 35 | Service of Process
A $150.00 deposit is required for a writ of execution or order of attachment involving other personal property.
(2) For other personal property $150.00
Page 35 | APPENDIX A — COST STRUCTURE
Personal service costs $150.00.
By Personal Service $150.00
Page 35 | Service of Process
A $200.00 deposit is required for a writ of execution or order of attachment involving a motor vehicle.
(1) For motor Vehicle $200.00
Page 35 | APPENDIX A — COST STRUCTURE
A Notice of Appeal has a $50.00 service fee payable to the City of Struthers.
Notice of Appeal $50.00
Page 35 | SERVICE FEES (To the City of Struthers)
An exemplified seal or triple seal costs $20.00.
Exemplified seal/triple seal $20.00
Page 35 | Photocopy Expenses
Reasonable listed advertising, appraiser, property-handling, and notice expenses are taxed as costs.
Reasonable costs of advertisement, appraiser fees, and expenses incurred In driving, towing, carting, storing, keeping, preserving and notices shall be Taxed as costs.
Page 35 | APPENDIX A — COST STRUCTURE
Filing of a Certificate of Judgment $15.00
Filing of a Certificate of Judgment $15.00
Page 35 | SERVICE FEES (To the City of Struthers)
Certified copies with a seal cost $10.00 each.
Certified copies with Seal $10.00 each
Page 35 | Photocopy Expenses
A subpoena praecipe must be accompanied by a separate witness-payable check or money order for $12 for a full day or $6 for a half day, plus the stated mileage amount.
A separate check or money order payable to the perspective witness in the Sum of $12 for a full day or $6 for a half day plus .58 cents per mile the Witness is expected to travel to and from court shall accompany the Praecipe for subpoena.
Page 35 | SERVICE FEES (To the City of Struthers)
Issuing a subpoena has a $15.00 service fee payable to the City of Struthers.
Issuance of a Subpoena $15.00
Page 35 | SERVICE FEES (To the City of Struthers)
IDFC (Indigent Defense Support Fund) $20.00
IDFC (Indigent Defense Support Fund) $20.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Crime Stoppers cost is $1.00.
Crime Stoppers $1.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Indigent Defense Support Fund cost is $10.00.
IDFC (Indigent Defense Support Fund) $10.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
IDFC (Indigent Defense Support Fund) $25.00
IDFC (Indigent Defense Support Fund) $25.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed allocation to Local Costs is $37.00.
$37.00 To Local Costs
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
Seat Belt local costs are listed as $43.00.
Seat Belt Local Costs $43.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Drug Enforcement Fund cost is $3.40.
DEFC (Drug Enforcement Fund) $3.40
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed legal research cost is $3.00.
Legal Research $3.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
Administrative costs assessed on companion cases are listed as $55.00.
ADMINISTRATIVE COSTS (accessed on companion cases) $55.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Justice Program Service Fund cost is $0.10.
JPSF (Justice Program Service Fund) $0.10
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Special Projects Fund 1 cost is $10.00.
Special Projects Fund 1 $10.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Special Projects Fund 2 cost is $5.00.
Special Projects Fund 2 $5.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed computer fund cost is $10.00.
Computer Fund $10.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed allocation to Special Project Fund 1 is $10.00.
$10.00 To Special Project Fund 1
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
Court costs are listed as $115.00.
COURT COSTS $115.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Indigent Alcohol Treatment Fund cost is $1.50.
IATC (Indigent Alcohol Treatment Fund) $1.50
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Victim of Crime cost is $9.00.
Victim of Crime $9.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed allocation to Special Project Fund 3 is $3.00.
$3.00 To Special Project Fund 3
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed allocation to Special Project Fund 2 is $5.00.
$5.00 To Special Project Fund 2
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Victim of Crime cost is shown as $9:00.
Victim of Crime $9:00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
The listed Special Projects Fund 3 cost is $3.00.
Special Projects Fund 3 $3.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
Traffic local costs are listed as $45.00.
Traffic Local Costs $45.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
Criminal local costs are listed as $54.00.
Criminal Local Costs $54.00
Page 36 | CRIMINAL/TRAFFIC COST STRUCTURE
A transfer of judgment costs $105.
Transfer of Judgment $105
Page 37 | SCHEDULE OF CIVIL COSTS
An order of contempt costs $65.
Order of Contempt $65
Page 37 | SCHEDULE OF CIVIL COSTS
A personal property execution costs $150.
Personal Property $150
Page 37 | SCHEDULE OF CIVIL COSTS
A default, summary judgment, or pleading filing costs $35.
Default, Summary Judgment & Pleading $35
Page 37 | SCHEDULE OF CIVIL COSTS
A certificate of judgment for lien costs $35.
Certificate of Judgment for Lien $35
Page 37 | SCHEDULE OF CIVIL COSTS
A small claims filing costs $80.
SMALL CLAIMS $80
Page 37 | SCHEDULE OF CIVIL COSTS
Certified Copy/Triple Seal $10
Certified Copy/Triple Seal $10
Page 37 | SCHEDULE OF CIVIL COSTS
A trusteeship costs $250.
Trusteeship $250
Page 37 | SCHEDULE OF CIVIL COSTS
Writ of Restitution Execution $65
Writ of Restitution Execution $65
Page 37 | SCHEDULE OF CIVIL COSTS
The charge for additional defendant(s) in small claims is $20.
Additional Defendant(s) $20
Page 37 | SCHEDULE OF CIVIL COSTS
A jury demand costs $400.
Jury Demand $400
Page 37 | SCHEDULE OF CIVIL COSTS
An examination of a judgment debtor costs $60, with an additional $10 for each additional party.
Examination of Judgment Debtor ($10 for each additional party) $60
Page 37 | SCHEDULE OF CIVIL COSTS
A petition for driving privileges following a non-compliance suspension costs $125.
Petition for Driving Privileges Non-Compliance Suspension $125
Page 37 | SCHEDULE OF CIVIL COSTS
A business execution costs $200.
Business $200
Page 37 | SCHEDULE OF CIVIL COSTS
A motion to continue or motion for leave costs $30.
Motion to Continue, Motion for Leave $30
Page 37 | SCHEDULE OF CIVIL COSTS
Serving each additional party costs $10.
Each additional party to be served $10
Page 37 | SCHEDULE OF CIVIL COSTS
Each additional defendant in a forcible entry and detainer matter costs $30.
Each additional Defendant(s) $30
Page 37 | SCHEDULE OF CIVIL COSTS
A complaint filing costs $125.
COMPLAINT $125
Page 37 | SCHEDULE OF CIVIL COSTS
An alias summons, regular or certified, costs $20.
Alias Summons - regular or certified $20
Page 37 | SCHEDULE OF CIVIL COSTS
A counter-claim, cross-complaint, third-party complaint, or amended complaint costs $50.
Counter-Claim, Cross-Complaint, Third-Party Complaint and Amended Complaint $50
Page 37 | SCHEDULE OF CIVIL COSTS
An order in aid for bank garnishment, including a $1 check to the garnishee, costs $85.
Order in aid (Bank Garnishment plus $1 check to garnishee) $85
Page 37 | SCHEDULE OF CIVIL COSTS
An interpleader costs $105.
Interpleader $105
Page 37 | SCHEDULE OF CIVIL COSTS
Filing Bundling Requirements
Rule 56(C) evidentiary materials supporting or opposing a summary-judgment motion must be filed with the motion or responsive pleading.
All affidavits, depositions and other evidentiary material permitted by Rule 56 (C) of the Ohio Rules of Civil Procedure in support of or in opposition to the motion for summary judgment shall be filed with the motion or responsive pleading.
Page 13 | (C) Dispositive Motions — (2) Summary Judgment Motions
Pre-Motion Conference Requirements
For a Rule 56 summary-judgment motion, the respondent has 30 days to file a memorandum contra and/or cross-motion, and the movant then has seven days to reply.
Upon the filing of a motion for summary judgment pursuant to Rule 56 of the Ohio Rules of Civil Procedure, the respondent shall have thirty (30) days to reply with a memorandum contra and/or a cross-motion for summary judgment. Thereafter, the movant shall have seven (7) days to file a reply in support.
Page 13 | (C) Dispositive Motions — (2) Summary Judgment Motions
A summary-judgment motion is scheduled for a non-oral hearing unless a specific request for an oral hearing is made.
The motion shall be scheduled for non-oral hearing unless a specific request for oral hearing is made.
Page 13 | (C) Dispositive Motions — (2) Summary Judgment Motions
Adjournment & Extension Requirements
A continuance generally requires proof of reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time is treated as consent, but the Court may move for a continuance itself.
Except on motion of the court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or the party's counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.
Page 4 | RULE 1.06 Motions for Continuance
A continuance motion must be written and submitted within seven calendar days of the scheduled trial or hearing, and must state specific reasons for the request.
Motions for continuance shall be submitted in writing within seven (7) calendar days of a scheduled trial or hearing; said motion shall be accompanied by a $30.00 filing fee except in exigent circumstances stated or if continuance is required pursuant to the Ohio Rules of Superintendence; said motion shall provide the court with specific reasons for the continuance; and said movant shall submit a proposed judgment entry with the motion for continuance, leaving the time and date blank for the court to set a new date.
Page 4 | RULE 1.06 Motions for Continuance
The Court must approve any stipulated continuance.
Stipulated continuances must be approved by the court.
Page 4 | RULE 1.06 Motions for Continuance
When counsel has a conflicting trial or hearing in another Ohio court, the case first set has priority and must be heard on its assigned date.
When a continuance is requested because counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another court of this state, the case which was first set for trial or hearing shall have priority and shall be heard on the date assigned as prescribed in Rule 41 of the Rules of Superintendence for the Courts of Ohio.
Page 4 | RULE 1.06 Motions for Continuance
For a first extension, the request must be filed with the Clerk and note “First Leave” or similar wording, with a stipulation by or notice to opposing counsel; any additional extension requires Court approval.
with the Clerk of Courts, thereon noting "First Leave" or words of similar import, with stipulation by or notice to opposing counsel. If any additional extension is requested, the party desiring the extension must obtain the approval of the Court.
Page 11
A continuance motion in a forcible-entry-and-detainer case must be written, state its reasons, and be filed at least three days before trial; it requires judicial approval, may be granted in the Judge's or Magistrate's discretion, and may be conditioned on posting a bond.
A motion to continue a forcible entry and detainer case shall be filed not less than three (3) days prior to the date of trial; shall be made in writing specifically setting forth the reason(s) for the request; and shall be accompanied by a motion fee as prescribed in the cost structure of these rules. Said motion shall not be effective unless and until approved by the Judge or Magistrate. Further, the Judge or Magistrate, in their discretion, may grant the motion subject to conditions including but not limited to requiring the movant to post a bond in a specific amount.
Page 14 | RULE 2.06 Continuances - Forcible Entry and Detainer Cases
A party may generally obtain one extension of up to 30 days without leave of court to answer, plead, or otherwise move, if no prior extension has been granted, by filing a Journal Entry.
However, parties may generally obtain one (1) extension of time without leave of court not to exceed thirty (30) days, in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing a Journal Entry
Page 10 | RULE 2.02 Civil Case Management Plan — (A) Filing of the Complaint/Service/Leave to Plead
Chambers Communication Rules
After approval of a telephonic appearance, the moving party must call the Clerk’s Office at the hearing time, provide identifying and contact information, remain available for the Court’s call, and answer it or be considered a failure to appear.
Upon approval of the request for telephonic appearance, the moving party shall: 1. You must call the Struthers Municipal Court Clerk's Office at (330) 755-1800 ext. 113 at the time of your hearing. 2. You must provide the Court with the following information: a. Your name and case number. b. Date and time of your hearing. c. A working telephone number where you can be reached in case of disconnection. '3. As there may be other hearings scheduled for the same time, you must remain available until such time as the Court initiates the call. 4. If the Court initiates the call and you do not answer when the Court initiates the call for your hearing, it will be considered a failure to appear.
Page 11 | Telephonic Appearance Procedure
If an officer or prosecutor reasonably believes personal-recognizance bail is insufficient, the judge or magistrate must be contacted for additional authority.
If the police officer or prosecutor, based on the circumstances of the case, has reasonable cause to believe that a personal recognizance bond is insufficient, the judge or magistrate shall be contacted for additional authority.
Page 45 | APPENDIX C — BOND SCHEDULE
Email to the court is not a legal communication and will not be received, ruled upon, or entered in the court record.
Any communication sent to the court by electronic mail is not considered a legal communication of any form and will not be received or ruled upon by a judge or entered into the court record.
Page 5 | RULE 1.09 Electronic Filing
The Court's regular hours are Monday through Friday from 8:00 a.m. to 4:00 p.m., but in-person Clerk's Office business closes at 3:30 p.m.; the Judge may change hours and schedule proceedings on Saturdays or holidays.
The hours of this Court shall be from 8:00 o'clock A.M. until 4:00 o'clock P.M. during each day of the week (Monday through Friday), except on those days designated by law as legal holidays or as otherwise determined by the Judge. The Clerk of Court's office shall close for in- person business at 3:30 P.M. The Judge may establish earlier opening and closing times and may conduct proceedings on Saturdays and holidays when necessary.
Page 3 | RULE 1.03 Hours of Clerk of Court's Office