Sylvania Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance of a trial or hearing generally requires a written motion stating the reason; an emergency where good cause is shown is excepted.
- When counsel has another trial scheduled on the same date, the case set first has priority; criminal trials have priority over civil trials.
- A request to continue a scheduled trial is within the trial court’s discretion.
- +2 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Facsimile filings shall not exceed ten (10) pages in length.
- Facsimile filing
- Up to 10 pages
Document Format Requirements8 rules
Documents filed with the Clerk must be neatly prepared on letter-size paper, multiple sheets must be securely fastened together, and covers or jackets are prohibited.
- Paper size
- Letter
Formatting
- •Covers or jackets are prohibited
Court's wording
All documents filed with the Clerk, including, but not limited to pleadings, motions, applications, judgments and orders, shall be neatly prepared on 8 1/2” x 11” paper. If consisting of more than one sheet of paper, the sheets shall be securely fastened together. The use of covers or jackets shall not be permitted.
(L) Documents submitted must be in a digitized format specified by an administrative order of the presiding judge.
Plaintiff’s exhibits are to be marked as Plaintiff’s Ex. 1, 2, 3, etc.; Defendant’s exhibits are to be marked Defendant’s Ex. A, B, C, etc.
Each party must bring to court the original and 3 copies of all exhibits. Copies will be distributed to the Court, the opposing party, and, if applicable, to the witness.
The electronically produced ticket shall confirm in all substantive respects to the “Ohio Uniform Traffic Ticket” set forth in the Appendix of Forms.
Copies shall be clear photo copies.
Trial exhibits must be pre-marked and copied before trial, or they may be excluded.
Court's wording
All exhibits to be used at trial, including documents, photos, contracts, receipts, etc., must be pre-marked and copied prior to trial. Failure to do so may result in such exhibits being excluded from trial.
Officer’s signature may include a cursive signature, officer’s unit number, or a typed name applied by computer or other electronic means.
Document Filing Requirements48 rules
The mailing address must be given for all parties and counsel and shall include the correct zip code.
It shall be the duty of the plaintiff, or his attorney, to file with the complaint as many copies thereof as there are defendants to be served the summons in said action.
Each document filed by each party represented by counsel shall designate, on the first page therefor, the caption of the case and case number, the title of the document, the name, address, telephone number, fax number, and code number of the attorney responsible for the case.
- Document
- Document filed by represented party
Must include
- •Caption
- •Case number
The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
A fax filing must include a cover page with the court and case information, document title, transmission details, page count, and filer contact and registration information where applicable or available.
- Document
- Fax cover page
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
The person filing a document by fax shall also provide therewith a cover page (example page 26), containing the following information: a. Name of the Court b. Case caption c. Case number d. Assigned Judge e. Title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint: Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss) f. Date of transmission g. Transmitting fax number h. Indication of the number of pages included in the transmission, including the cover page i. Name, address, telephone number, fax number, Supreme Court registration number, if applicable, and email address of the person filing the fax document if available.
A fax filer need not submit the source document to the Clerk but must retain the source document with any required original signatures and the source fax cover sheet, and make them available to the Court on request.
Court's wording
The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records, and have available for production on request by the Court, the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the fax cover sheet used for the subject filing.
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
A party faxing a signed document must fax either the signed source document or an unsigned copy bearing “/s/” and the signer's name where the signature would appear.
Court's wording
A party who wishes to file a signed source document by fax shall either; i. Fax a copy of the signed source document: or ii. Fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
A separately filed missing exhibit must have a cover sheet with the specified court and case information and exhibit title.
- Document
- Missing exhibit cover sheet
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss, See example page 27), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
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.
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.
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.
A compliant electronic filing is accepted as the original, and the filer must retain the source document, produce it on request, and keep it until the case and all appeals are concluded.
Court's wording
A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the 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 a document is electronically filed without or with an incomplete Document Description Form, the clerk shall reject said document and the clerk shall notify the filer via electronic mail of said rejection.
Requests for permission for the broadcasting, televising, recording or taking of photographs in the courtroom must be submitted to the Judge prior to the scheduled time of commencement of the proceeding.
The request for permission, and the allowance of the request, must be in writing and made a part of the record of the proceedings.
The summons shall include a jury questionnaire and a request for excuse, exemption or a deferral.
At the conclusion of the conference, the Prosecutor’s office shall prepare and file with the court the Prosecutor’s Report on Status of Jury Trial.
All requests for excuse and exemption must be made on the form provided, and shall be accompanied by appropriate documentation.
Proposed jury instructions shall be filed in all civil cases by all parties seven (7) days prior to the date scheduled for trial, when a jury demand has been filed unless modified by court order.
Cases dismissed under the Rule may be reinstated only upon written motion showing good cause filed within ninety (90) days
Any motion, unless made during a hearing or trial, shall be in writing and shall state with particularity the basis and the relief or order sought.
Any motion to strike a pleading shall quote all words that are sought to be stricken.
If the motion relies on facts outside the record, the movant must serve and file the supporting documents, exhibits, and affidavits at the same time as the motion.
Court's wording
If consideration of facts not appearing of record is required, movant shall serve and file copies of those documents, exhibits and affidavits offered in support of the motion simultaneously with the motion.
Every motion shall be accompanied by a proposed order for signature of the assigned judge.
The moving party shall serve and file with the motion a brief containing the reason and authorities that support said motion.
Motions to withdraw as attorney of record and to revive action shall be considered ex parte in nature and shall be accompanied by an order for signature by the Judge. These motions may be set for oral hearing.
If counsel does not prepare the judgment entry, the Court must prepare and file it with the Clerk for journalization.
Court's wording
iv. Judgment Entries - The judgment specified in Rule 58 of the Ohio Rules of Civil Procedure shall be journalized within thirty (30) days of the judgment. If the entry is not prepared by counsel, it shall be prepared by the Court and filed with the Clerk of Court for journalization.
(F) Any request for attorney fees must be supported by applicable law and include an itemized fee statement.
(D) The parties seeking relief by default judgment shall file with the Clerk of Court an affidavit in compliance with the Solder’s and Sailor’s Civil Relief Act, 50 U.S.C. Section 520(1).
For a qualifying personal-property damages claim, a default judgment in the amount requested may be granted only if a knowledgeable party files a signed affidavit with supporting documentation verifying the reasonable repair cost or diminution in value, whichever is less.
Court's wording
(C) If the defendant has failed to plead or otherwise defend, the Court may grant a default judgment in the amount of the prayer if the action is for recovery of money only arising out of damages to personal property and if an affidavit with supporting documentation signed by a party with actual knowledge is filed verifying that the prayer of the complaint reflects a reasonable cost of repairing the property or its diminution in value, whichever is less.
A party seeking to seal an eviction record must file a written motion even if the landlord agrees to sealing.
Court's wording
(F) Application to have an eviction record sealed must be made by motion (see form page 41. The following conditions apply: 1) The party seeking to have the record sealed must file a written motion, even if the landlord agrees to the sealing in a settlement agreement or agreed judgment entry.
Motions - All motions, unless made during a trial, shall be in writing and shall state with particularity, the grounds therefor, and shall clearly state the relief or order sought.
Proposed jury instructions shall be filed in all criminal cases by all parties seven (7) days prior to the date scheduled for trial when a jury demand has been filed, unless modified by Court order.
The continuance notice must warn the defendant that failure to appear may result in an arrest warrant or, if applicable, driver’s license forfeiture.
Court's wording
The Clerk of Court shall cause a notice of continuance date to be mailed to the defendant, which shall inform the defendant that failure to appear on the continuance date shall result in the issuance of a warrant for their arrest or driver’s license forfeiture if applicable.
The Clerk shall provide Ohio Public Defender forms to the appointee. The form must be completed/returned and submitted to the Judge within fourteen (14) days of final disposition of the case.
All Tier I releases shall be documented on a Notification of Administrative Release form and provided to the following by Lucas County Pretrial Services: • Appropriate Court Clerk • Lucas County Sheriff’s Office
The Sheriff’s Office must document each Tier II release on a Notification of Administrative Release form and provide it to the listed recipients, as applicable.
Court's wording
All Tier II releases shall be documented on a Notification of Administrative Release form and provided to the following by Lucas County Sheriff’s Office: • Lucas County Common Pleas Court Administration, if applicable • Municipal Court Clerk, if applicable • Lucas County Pretrial Services
Should the facility exceed the maximum capacity on a day in which notifications and a list of detainees eligible for release were not provided to Administrative Judges of each criminal court by 0830 hours, the Sheriff shall not release any detainees and shall provide appropriate notification and a list of detainees eligible for release the next day in which courts operate
The Lucas County Sheriff’s Office must document each Tier III release on a Notification of Administrative Release form and provide it to the listed recipients, as applicable.
- Document
- Notification of administrative release form
Must include
- •Notification of Administrative Release
Court's wording
All Tier III releases shall be documented on a Notification of Administrative Release form and provided to the following by Lucas County Sheriff’s Office: • Lucas County Common Pleas Court Administration, if applicable • Municipal Court Clerk, if applicable • Lucas County Pretrial Services
CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing Exhibit “G” was sent by ordinary U.S. mail on (date) to counsel for defendant Bill Jones, (name & address of recipient).
- Document
- Notice of filing of exhibit
Include
- •Certificate of service
The motion-to-seal form calls for an attached affidavit attesting to relevant facts and documentation verifying the stated grounds, and includes an acknowledgment that false or misleading submissions may be perjury.
Court's wording
2) I have attached an affidavit attesting to the relevant facts. I acknowledge that submitting false or misleading information about any facts in the attached affidavit, or on any other paperwork submitted to the Court, may be perjury. 3) I have attached the following documentation to verify the grounds stated above:______________ __________________________________________________________________________________
Persons may be deferred from service by a Judge or other authorized court official upon application showing the necessity therefor, which shall be in writing or otherwise recorded.
(A) Filing of a satisfaction of judgment entry with the Clerk of Court approved by plaintiff or plaintiff’s attorney of record will satisfy judgments of this Court.
(A) A tenant may deposit with the Clerk of Court all rent money becoming due to a landlord, by filing an application in accordance with Sections 5321.07 or 3733.121 of the Ohio Revised Code.
A party seeking to unseal an eviction record may file a motion that states good cause in the motion and an attached affidavit or brief.
Court's wording
(K) A party to the original action may file a motion seeking to unseal the eviction record, setting forth in the motion and attached affidavit or brief good cause why the record should be unsealed. Such good cause may include, for example, that the original movant was not truthful in the motion to seal, or that the sealing was procured through fraud.
5. (Only complete if requesting the record be sealed under item 4.D above) Here are all of the complete addresses at which I have lived for the past five years:
Filing & Service rules
Electronic Filing Rules
A document permitted to be filed by fax is accepted as the effective original filing.
Documents that are permitted to be filed by fax shall be accepted as the effective original filing.
Page 5 | Rule 3.02: Fax Filing
Documents requiring a filing fee may not be filed by fax and will not be accepted by the Clerk.
Any document that requires a filing fee shall not be filed by fax, and will not be accepted by the Clerk.
Page 5 | Rule 3.02: Fax Filing
The clerk must provide electronic filing service for documents in the case categories or individual cases designated by the presiding judge’s administrative order.
The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any particular case as designated by an administrative order of the presiding judge.
Page 7 | RULE 3.03: ELECTRONIC FILING
No person may use or allow another person to use someone else’s password for electronic filing.
No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 8 | RULE 3.03: 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 8 | RULE 3.03: ELECTRONIC FILING
Small claims complaints must comply with Ohio Revised Code 1925.04(B).
Small claims complaints shall comply with Ohio Revised Code 1925.04(B).
Page 9 | Rule 3: Fax and Electronic Filing
Filers must not electronically file documents containing social security numbers, specified individual account numbers, or the listed information about a minor.
(O) 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, or telephone number, or address.
Page 9 | Rule 3: Fax and Electronic Filing
Criminal complaints must comply with Ohio Criminal Rule 3.
Criminal complaints shall comply with Ohio Criminal Rule 3.
Page 9 | Rule 3: Fax and Electronic Filing
In matters authorized for electronic filing, the electronic document is the official court record and any maintained paper record is a copy.
In matters where electronic filing is authorized by administrative order, the electronically filed document will be part of the official court record. Paper records, if maintained, will be considered a copy of the official court record.
Page 7 | RULE 3.03: ELECTRONIC FILING
Ohio Uniform Traffic Tickets may be filed electronically, subject to the stated conditions.
The following documents may be filed by electronic means with the court subject to the conditions set forth herein. a. Ohio Uniform Traffic Tickets (OUTT)
Page 9 | Rule 3: Fax and Electronic Filing
Criminal complaints may be filed electronically subject to the stated conditions, including compliance with Ohio Criminal Rule 3.
The following documents may be filed by electronic means with the court subject to the conditions set forth herein. b. Criminal complaints shall comply with Ohio Criminal Rule 3.
Page 9 | Rule 3: Fax and Electronic Filing
Small claims complaints may be filed electronically subject to the stated conditions, including compliance with Ohio Revised Code 1925.04(B).
The following documents may be filed by electronic means with the court subject to the conditions set forth herein. c. Small claims complaints shall comply with Ohio Revised Code 1925.04(B).
Page 9 | Rule 3: Fax and Electronic Filing
Computer-produced or other electronically produced tickets may be used and filed electronically in the Sylvania Municipal Court.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Sylvania Municipal Court. It is also authorized for the filing of the ticket to be done electronically.
Page 27 | Rule 29: Electronic Traffic Filing
Filing Timing and Cure Windows
Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the fax filing; failure may result in the document or exhibit being stricken.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, no later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 6 | Rule 3.02: Fax Filing
An accepted fax filing is considered filed as of the date and time the Clerk received the transmission.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Court.
Page 6 | Rule 3.02: Fax Filing
For an accepted fax filing, the date and time imprinted on the document determine the filing time.
Each page of any document received by the Clerk will automatically be imprinted with the date and time of receipt (top center of page(s)). The date and time imprinted on the document will determine the time of filing, provided the document deemed accepted by the Clerk.
Page 7
A corrective filing is a new filing that does not relate back unless the filer seeks and obtains relief by motion after a rejection for technical errors.
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 8 | RULE 3.03: ELECTRONIC FILING
Electronic filing is available around the clock, but filings must be completed by 4:00 p.m. to be timely that day; documents transmitted outside regular court hours are deemed filed the next normal business day.
The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed by 4:00 pm to be considered timely filed that day. Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the clerk.
Page 8 | RULE 3.03: ELECTRONIC FILING
Requests for permission to record, broadcast, televise, or photograph must be submitted before the scheduled commencement of the proceeding.
Requests for permission for the broadcasting, televising, recording or taking of photographs in the courtroom must be submitted to the Judge prior to the scheduled time of commencement of the proceeding.
Page 11 | RULE 10: BROADCASTING AND PHOTOGRAPHING COURT PROCEEDINGS
A civil jury demand must be withdrawn by noon of the last working day before trial to avoid the fee assessed when the demanded jury trial is not used.
In civil cases, when a jury trial is demanded and not used, a jury fee of $10.00 per juror, as to all prospective jurors in attendance on the day of the trial shall be assessed against the party making the demand unless it is withdrawn by noon of the last working day before the date set for trial.
Page 13 | (F) Withdrawal of Jury Demand
In a criminal case, the defendant must notify the Prosecutor’s office and the court by noon of the last working day before trial if the case will not proceed to jury trial.
Notice shall be given by the defendant to the Prosecutor’s office and the court no later than noon of the last working day before the day set for trial. If such notice is not given to the Prosecutor’s office and the Court, a jury fee of ten ($10.00) per person shall be assessed against the defendant as to all prospective jurors for the scheduled trial.
Page 14 | (F) Withdrawal of Jury Demand
Proposed jury instructions are due seven days before trial when a jury demand has been filed, unless the court modifies the deadline.
Proposed jury instructions shall be filed in all civil cases by all parties seven (7) days prior to the date scheduled for trial, when a jury demand has been filed unless modified by court order.
Page 14 | (G) Jury Instructions
A case dismissed under the rule may be reinstated only by a written motion showing good cause filed within 90 days.
Cases dismissed under the Rule may be reinstated only upon written motion showing good cause filed within ninety (90) days
Page 16 | Rule 14: Case Management in Civil Cases
An opposing party may file an opposition within 14 days after service, except that a response to a summary-judgment motion may be filed within 28 days after service.
An opposing party may serve and file a memorandum in opposition to any motion. The filing shall be made within 14 days after service. Exception: pursuant to Civ.R. 6(C)(1), responses to motions for summary judgment may be served and filed within 28 days after service of the motion.
Page 17 | Civil Case Management—Judicial Steps—Motions
A response to a motion for summary judgment may be served and filed within 28 days after service of the motion.
Exception: pursuant to Civ.R. 6(C)(1), responses to motions for summary judgment may be served and filed within 28 days after service of the motion.
Page 17 | Civil Case Management—Judicial Steps—Motions
The judgment entry must be journalized within 30 days; if counsel does not prepare it, the Court must prepare and file it with the Clerk.
iv. Judgment Entries - The judgment specified in Rule 58 of the Ohio Rules of Civil Procedure shall be journalized within thirty (30) days of the judgment. If the entry is not prepared by counsel, it shall be prepared by the Court and filed with the Clerk of Court for journalization.
Page 19 | Judgment Entries
Before the six-month stay expires, the plaintiff must file a motion to reactivate the case or continue the stay to avoid dismissal of the complaint.
(A) When a notice of bankruptcy filing on behalf of a defendant which has not yet resulted in discharge is received by the court in a case which has not yet resulted in judgment, the Court will enter an Order staying all proceedings for six months at which time the complaint will be dismissed unless the plaintiff prior to the expiration of the six month period files a motion to place the case back on the active docket or continue the stay of proceedings.
Page 20 | Rule 18: Effect of Bankruptcy Filing
A jury-trial demand must be filed in accordance with Ohio Revised Code Section 1923.10 no later than 3 days before trial.
(B) Demand for trial by jury shall be filed in accordance with Ohio Revised Code Section 1923.10, but not later than three (3) days before the trial date.
Page 20 | Rule 19: Forcible Entry and Detainer
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Page 24 | RULE 22: CASE MANAGEMENT IN CRIMINAL CASES
When a jury demand has been filed, proposed jury instructions are due seven days before the scheduled trial date, unless the Court modifies the deadline.
Proposed jury instructions shall be filed in all criminal cases by all parties seven (7) days prior to the date scheduled for trial when a jury demand has been filed, unless modified by Court order.
Page 24 | RULE 22: CASE MANAGEMENT IN CRIMINAL CASES
The completed form must be submitted to the Judge within 14 days of final disposition.
The form must be completed/returned and submitted to the Judge within fourteen (14) days of final disposition of the case.
Page 26 | RULE 27: COURT APPOINTMENTS
If a fax is sent without the required cover-page information, the Clerk may either docket and file it or place it among failed fax filings, in which case it is not considered filed.
If a document is sent by fax to the Clerk of Court without the cover page information listed above, the office of the clerk may, at its discretion: 1. Enter the document in the Case Docket and file the document: or 2. Deposit the document in a file of failed faxed documents with a notation of the reason for the failure: in this instance, the document shall not be considered filed with the Clerk of Courts.
Page 6 | Rule 3.02: Fax Filing
A motion is deemed submitted on the 18th day after filing or when an opposition is filed; if a reply is filed, submission occurs on the earlier of the reply filing or the 11th day after the opposition is filed.
Any motion shall be deemed submitted to the assigned judge on the 18th day after it is filed with the court, or when a memorandum in opposition is filed. If a party has filed a reply brief, the original motion shall be deemed submitted on the earlier of the filing of the reply brief, or the 11th day after the filing of the memorandum in opposition.
Page 17 | Civil Case Management—Judicial Steps—Motions
A moving party may serve and file a reply brief within 7 days after the opposition memorandum is served.
A moving party may serve and file a reply brief within 7 days from the date on which a memorandum in opposition is served.
Page 17 | Civil Case Management—Judicial Steps—Motions
When the Court holds garnished funds after receiving bankruptcy notice, the funds will be held for 28 days and then distributed to the defendant unless an objection is received before disbursement.
(D) When the Court receives a notice of bankruptcy filing or discharge in a case in which the Court is holding funds received pursuant to a garnishment, a notice will be sent to the parties and trustee in bankruptcy that the funds will be held for twenty-eight (28) days after which the funds will be distributed to the defendant unless an objection is received prior to the disbursement date.
Page 20 | Rule 18: Effect of Bankruptcy Filing
The opposing party may file a response within the time specified by local rule.
3) The opposing party may file a response within the time specified by local Rule.
Page 21
The Clerk is deemed open to receive faxed documents 24 hours a day, seven days a week, including holidays.
the Clerk of Court will be deemed open to receive facsimile transmission of documents on the basis of twenty-four hours per day, seven days a week, including holidays.
Page 7
Anyone who elects electronic filing bears responsibility for delays, disruptions, signal interruptions, and document readability, and assumes the risk that the document may not be properly filed.
Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed with the clerk as a result.
Page 8 | RULE 3.03: ELECTRONIC FILING
Service and Proof of Service Rules
A completed proof of service stating the date and manner of service, the applicable Civ.R. 5(B)(2) division, and a Civ.R. 11-compliant signature must accompany the served document or be separately filed before the court considers the document.
The served document shall be accompanied by a completed proof of service which shall state the date and manner of service, specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the court shall not be considered until proof of service is endorsed thereon or separately filed.
Page 4 | RULE 3: SERVICE OF COURT PAPERS
Parties in default for failure to appear need not be served, except that pleadings asserting new or additional relief or damages must be served in the manner used for summons.
Service is not required on parties in default for failure to appear except that pleadings asserting new or additional claims for relief or for additional damages against them shall be served upon them in the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.
Page 4 | RULE 3: SERVICE OF COURT PAPERS
The specified orders, pleadings, discovery papers, motions, notices, and similar papers must be served on each party, subject to the stated exceptions.
Except as otherwise provided in these rules or as otherwise ordered by the court, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties.
Page 4 | RULE 3: SERVICE OF COURT PAPERS
A separately filed missing exhibit must be signed and served under the rules governing the signing and service of pleadings.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss, See example page 27), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 6 | Rule 3.02: Fax Filing
Filers may not transmit service copies to the Court by fax.
The filer shall not transmit service copies to the Court by facsimile.
Page 7
When an attorney or party has filed an email address with the court, email service constitutes service under the cited rules, does not add three days, and must include proof identifying the email address served.
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 days provided by Ohio Civil Rule 6(E). Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.
Page 9 | Rule 3: Service of Court Papers; Fax and Electronic Filing
When an Ohio Uniform Traffic Ticket is filed electronically, the issuing officer must provide the defendant with a paper copy.
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 3(E).
Page 9 | Rule 3: Fax and Electronic Filing
Court-filed documents must be served under Ohio Civil Rule 5 or Ohio Criminal Rule 49 unless the attorney or unrepresented party has filed an email address with the court.
(M) 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 9 | Rule 3: Service of Court Papers; Fax and Electronic Filing
The Clerk of Court must serve notice of journal entries on the parties.
The required service of notice of such journal entries shall be made upon the parties by the Clerk of Court.
Page 12 | RULE 11: ORDERS OF THE COURT
Prospective jurors must be notified by ordinary mail through a summons directing them to appear on the assigned date.
All prospective jurors shall be notified by ordinary mail for their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 13 | Jury Management
Summons must be served under the Ohio Rules of Procedure; failure to obtain service within six months of filing triggers notice of dismissal in 30 days unless good cause is shown.
Summons - Shall be served in accordance with the Ohio Rules of Procedure. In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the case has been filed, then the Clerk shall notify counsel or plaintiff if not represented by counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 16 | Rule 14: Case Management in Civil Cases
Written motions and supporting affidavits must be served in accordance with Civil Rule 5.
A written motion, and any supporting affidavits, shall be served in accordance with Civ.R. 5.
Page 17 | Civil Case Management—Judicial Steps—Motions
When supporting materials concerning facts outside the record are required, the movant must serve them simultaneously with the motion.
If consideration of facts not appearing of record is required, movant shall serve and file copies of those documents, exhibits and affidavits offered in support of the motion simultaneously with the motion.
Page 17 | Civil Case Management—Judicial Steps—Motions
When the defendant has appeared, the defendant or the defendant’s representative must receive at least 14 days’ notice before the default-judgment hearing.
(E) If the defendant has entered an appearance in the action, in accordance with Civil Rule 55(A), a hearing shall be set on the application for the default judgment with defendant or defendant’s representative being given at least fourteen (14) days’ notice before the hearing date.
Page 19 | Rule 15: Default Judgment
The summons must be served on the defendant in accordance with the Ohio Civil Rules at least 7 days before trial.
(A) The service of summons on the defendant shall be in accordance with the Ohio Civil Rules. Such service must be at least seven (7) days before the date set for trial.
Page 20 | Rule 19: Forcible Entry and Detainer
The moving party must serve the sealing motion on the opposing party at the party’s last known address and endorse proof of service on the motion.
2) The moving party must serve the motion upon the opposing party in the case at the party’s last known address, and endorse proof of service on the motion.
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The bailiff must serve the landlord by personal or residence service under the cited Ohio Rules of Civil Procedure.
(B) Service by the bailiff upon the landlord shall be by personal or residence service in accordance with Rule 4.1(2) or (3), Ohio Rules of Civil Procedure.
Page 22 | RULE 20: RENT ESCROW
The Clerk must mail the defendant a continuance-date notice warning that failure to appear may result in an arrest warrant or, if applicable, driver’s license forfeiture.
The Clerk of Court shall cause a notice of continuance date to be mailed to the defendant, which shall inform the defendant that failure to appear on the continuance date shall result in the issuance of a warrant for their arrest or driver’s license forfeiture if applicable.
Page 25 | RULE 25: NOTICE TO DEFENDANTS WHO FAIL TO APPEAR
If an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.
If an electronically produced ticket is issued at the scene of alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 27 | Rule 29: Electronic Traffic Filing
The prosecuting attorney must notify the victim of all public proceedings involving the alleged offense and provide an opportunity to attend.
(A) As permitted by Crim. R. 37 and in accordance with Marsy’s Law, the prosecuting attorney shall give the victim notice of, and an opportunity to be present at, all public proceedings involving the alleged criminal offense against the victim. These public proceedings include, but are not limited to, bond hearings, pre-trial hearings, motion hearings, pleas, sentencing and post- dispositional hearings.
Page 35 | Rule 32: Notice to Alleged Victims; Marsy’s Law Compliance
The notice-of-filing form specifies ordinary U.S. mail to defendant's counsel and provides spaces to record the date and recipient.
I certify that a copy of this Notice of Filing Exhibit “G” was sent by ordinary U.S. mail on (date) to counsel for defendant Bill Jones, (name & address of recipient).
Page 41 | Exhibit Cover Sheet
The motion-to-seal form includes a certificate that a copy of the motion was mailed, with the recipient and date identified.
I hereby certify that I mailed a copy of the above Motion to:__________________________________ On _________________, 20_____.
Page 42 | Motion to Seal Eviction Record Form
For service by publication, attorneys are directed to use the Toledo Legal News or another publication designated by the Judge.
Attorneys are directed to the Toledo Legal News which is the official daily journal of the Sylvania Municipal Court for the purpose of service by publication or as further designated by the Judge
Page 3 | RULE 2: ATTORNEYS
The Court may, in its discretion, order the motion or hearing notice served on the opposing party by certified mail.
5) The Court, in its discretion, may order service of the motion or the notice of hearing upon the opposing party by certified mail.
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Filing Fees and Waivers
The Clerk will not accept by fax a document that requires a filing fee.
No document filed by facsimile that requires a filing fee shall be accepted by the Clerk.
Page 7
Filing fees, deposits, and copy costs are collected by credit card or deposit when the clerk processes the filing, and an electronic filing requiring a fee may be rejected if the filer does not comply with the court’s payment mechanism.
(K) Normal filing fees, deposits, and copy costs will be collected via filer credit card or deposit at the time the filing is processed by the clerk. 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 9 | Rule 3: Fax and Electronic Filing
A party whose jury demand is not used must pay $10 per prospective juror in attendance unless the demand is withdrawn by noon of the last working day before trial.
When a jury trial is demanded and not used, a jury fee of $10.00 per juror, as to all prospective jurors in attendance on the day of the trial shall be assessed against the party making the demand unless it is withdrawn by noon of the last working day before the date set for trial.
Page 10 | Rule 5: Jury Trials
If a demanded civil jury trial is not used, the demanding party is assessed $10 per prospective juror in attendance unless the demand is withdrawn by noon of the last working day before trial.
In civil cases, when a jury trial is demanded and not used, a jury fee of $10.00 per juror, as to all prospective jurors in attendance on the day of the trial shall be assessed against the party making the demand unless it is withdrawn by noon of the last working day before the date set for trial.
Page 13 | (F) Withdrawal of Jury Demand
A $200 jury deposit is assessed when a civil jury demand is filed; nonpayment means no jury is summoned and waives jury trial, while an indigent person may petition for a waiver.
In civil cases, upon filing the jury demand, a jury deposit of two hundred dollars ($200.00) shall be assessed. In the event the deposit is not made, no jury will be summoned, and the failure to make said deposit shall be deemed a waiver of the right to a trial by jury. A person determined to be indigent may petition the court for a waiver of the jury deposit requirement.
Page 13 | (E) Summoning of Prospective Jurors
If the defendant fails to give the required notice by the deadline, a $10 fee per prospective juror is assessed against the defendant.
Notice shall be given by the defendant to the Prosecutor’s office and the court no later than noon of the last working day before the day set for trial. If such notice is not given to the Prosecutor’s office and the Court, a jury fee of ten ($10.00) per person shall be assessed against the defendant as to all prospective jurors for the scheduled trial.
Page 14 | (F) Withdrawal of Jury Demand
A party whose motion to reinstate is granted must pay the appropriate filing fees to the Clerk.
Upon granting of a motion to reinstate, movant shall pay appropriate filing fees to the Clerk of Court.
Page 17 | Civil Case Management
Qualifying unliquidated-damage cases are assigned to the Small Claims Docket without a further cost deposit.
In all unliquidated damage cases where the defendant appears personally or through counsel or files an answer, the case shall be assigned to the Small Claims Docket without further deposit of cost, but subject to this Rule.
Page 23 | RULE 21: SMALL CLAIMS
The initiating party must pay the $50 mediation fee when filing.
The fee for mediation is fifty ($50.00) dollars which is to be paid at the time of filing by the initiating party.
Page 26 | RULE 28: CIVIL/SMALL CLAIMS MEDIATION
If mediation is unsuccessful, the $50 mediation fee is applied to the cost of filing a civil or small-claims action.
If mediations unsuccessful, the fifty ($50.00) dollar mediation fee will be applied to the cost of filing a civil/small claims action.
Page 27 | Rule 28: Civil/Small Claims Mediation
The listed certification fee is $2.
Certified $2.00
Page 37 | Miscellaneous
The fee for personal service is $50.
Personal Service $50.00
Page 37 | Miscellaneous
The mediation fee is $50.
Mediation Fee $50.00
Page 37 | Miscellaneous
The fee for an amended civil complaint is $10 per defendant.
Amended Complaint-Each Defendant $10.00
Page 37 | Civil
A Common Pleas Court fee of $275 is listed with the transcript transfer charges.
Common Pleas Court $275.00
Page 37 | Civil
The fee for a certificate of judgment is $40.
Certificate of Judgment $40.00
Page 37 | Miscellaneous
The fee to transfer from the Small Claims docket to the Civil docket is $55.
Fee to transfer to Small Claims to Civil Docket $55.00
Page 37 | Miscellaneous
The fee for an amended small-claims complaint is $10 per defendant.
Amended Complaint – Each Defendant $10.00
Page 37 | Small Claims
The fee for wage or bank garnishment is $100.
Garnishment (Wage or Bank) $100.00
Page 37 | Miscellaneous
The small-claims fee for one defendant is $75.
One (1) Defendant $75.00
Page 37 | Small Claims
The fee for a landlord complaint involving one person is $180.
Landlord Complaint (1st and 2nd Cause) 1 person $180.00
Page 37 | Small Claims
The fee to transfer a transcript to the Court of Appeals is $75.
Transfer Transcript to Court of Appeals $75.00
Page 37 | Civil
The reinstatement fee is $25.
Re-Instatement $25.00
Page 37 | Miscellaneous
The small-claims fee for each additional defendant is $10.
Each Additional Defendant $10.00
Page 37 | Small Claims
The debtor examination fee is $25.
Debtor Exam $25.00
Page 37 | Miscellaneous
The fee for a license suspension appeal is $75.
License Suspension Appeal $75.00
Page 37 | Civil
Copies cost $0.10 per page.
Copy Fee $.10/per page
Page 37 | Miscellaneous
The alias fee is $15.
Alias fee $15.00
Page 37 | Miscellaneous
The civil fee for one defendant is $130.
One (1) Defendant $130.00
Page 37 | Civil
The civil fee for each additional defendant is $20.
Each Additional Defendant $20.00
Page 37 | Civil
The landlord complaint fee for each additional person is $25.
Each Additional Person $25.00
Page 37 | Small Claims
The fee for a counter complaint is $10.
Counter Complaint $10.00
Page 37 | Miscellaneous
The fee to transfer a transcript to Common Pleas is $75.
Transfer Transcript to Common Pleas $75.00
Page 37 | Civil
The revivor fee is $40.
Revivor $40.00
Page 37 | Miscellaneous
A Common Pleas Court fee of $150 is listed with the transcript transfer charges.
Common Pleas Court $150.00
Page 37 | Civil
Additional charges may apply for listed items and are computed at conviction because agency fees vary.
Additional charges may be added depending on required collection of BMV reinstatement fee, late fee, service of summons, subpoenas, etc. These fees are computed at the time of conviction since each agency has different fees.
Page 38 | Criminal/Traffic Costs
A probation fee of $25 is assessed for every month referred for probation supervision.
Probation Fee – assessed for every month referred for $25.00/month
Page 38 | Criminal/Traffic Costs
Base criminal and traffic court costs are $150.
Base Court Costs $150.00
Page 38 | Criminal/Traffic Costs
The fee for contempt of court is $30.
Contempt of Court $30.00
Page 38 | Criminal/Traffic Costs
The community service insurance fee is $15.
Community Service Insurance Fee $15.00
Page 38 | Criminal/Traffic Costs
A $30 expungement fee applies to persons completing an alternative program or filing a Motion to Expunge.
Expungement Fee – for those persons completing an alternative program or filing a Motion to Expunge $30.00
Page 38 | Criminal/Traffic Costs
Sealing & Redaction Procedures
If the Court grants a motion to seal an eviction record, the Clerk must redact the tenant’s name from public records and retain records so they can be retrieved and unsealed if ordered.
(H) If the Courts grants a Motion to Seal Eviction Record, the Clerk shall forthwith cause the Tenant’s name to be redacted from all public records it maintains, including the electronic case index system, to the same extent that it would for a criminal sealing of the records (formerly known as expungement). The Clerk shall retain both the electronic record of the action, and the physical file, should one exist, in accordance with its retention policy. The Clerk shall ensure that the record of the case can be retrieved and unsealed, if ordered.
Page 22
A defendant may seek to seal an eviction record on one or more listed grounds; if the landlord prevailed on the merits, the form requires extenuating circumstances and the specified five-year conditions.
1) I am asking this Court to seal the eviction record(s) because (check all that apply): o The Court dismissed or entered judgment in my favor on the claim for possession. o The landlord dismissed the claim for possession before the adjudication of that claim. o The landlord agreed, in writing, to seal the record (a copy of that agreement is attached). o The landlord prevailed on the merits on the claim for possession, and all of the following occurred: a. The following extenuating circumstances led to the eviction: ________________________________________________ ________________________________________________ and, b. At least five years have passed since judgement was entered for the landlord; and c. At least five years have passed since I have had an eviction judgment entered against me in any jurisdiction. o Other:_____________________________________________________________
Page 42 | Motion to Seal Eviction Record Form
The Court may seal an eviction record when the interests of justice outweigh the public and government interests, considering the listed circumstances and limits.
(E) The Court may order the Clerk to seal an eviction record when the interests of justice in sealing the record outweigh the interests of the government and the public in maintaining a public record of the case, including, for example, the following circumstances: 1) The Court dismissed or entered judgment for the tenant/movant on the claim for possession; or 2) The landlord dismissed the claim for possession before adjudication of that claim; or 3) The landlord stipulates, in writing to the Court, to sealing the record, except that sealing of a record solely on the basis of the stipulation by the landlord shall be granted only once in any five-year period; or 4) The landlord prevailed on the merits on the claim for possession, and all of the following occurred: a. extenuating circumstance led to the eviction; b. at least five years have passed since judgment was entered for the landlord and any monetary judgment was paid in full; c. at least five years have passed since the tenant has had an adverse judgment granting an eviction in any jurisdiction.
Page 21
Sealing an eviction record does not authorize a tenant or former tenant to make a false statement about the filing or granting of the eviction.
(I) Sealing of the record of an eviction does not authorize a tenant for former tenant to make a false statement regarding the filing or granting of the eviction.
Page 22
For good cause, the Court may unseal an eviction record on its own motion after notice to the parties.
For good cause, the Court may unseal a record on its own motion, after notice to the parties of the case.
Page 22
Sealing restricts access to the case record without removing it from the docket, subject to specified court personnel and access by motion or for official government business.
(J) Sealing the record restricts access to the case record; it does not remove the record form the Court’s electronic or paper docket. Access to the sealed record shall be limited to the Clerk of court, the Clerk’s designee, the assigned and presiding Judge, and the said Judge’s designee. A party to the original action may file a motion requesting access to the record or case file. The Court may provide access to the record as required by the law enforcement officials, or others conducting official government business.
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When considering a motion to seal an eviction record, the Court may consider all relevant factors, including the listed nonexclusive factors.
(G) The Court may consider all relevant factors when examining a Motion to Seal Eviction Record, which may include, but are not limited to: 1) The disposition of the first cause of action; 2) Whether the sealing of the record is agreed to or disputed by the opposing party; 3) If the landlord received judgment on the first cause of action, the grounds upon which the judgment was granted; 4) Whether the movant has satisfied any money judgment issued in favor of the opposing party in the eviction case; and 5) Any other information relevant to the determination of whether justice requires the sealing of the record.
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Adjournment & Extension Requirements
A continuance of a trial or hearing generally requires a written motion stating the reason; an emergency where good cause is shown is excepted.
Except in cases of emergency where good cause is shown, no party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 18 | Civil Case Management—Judicial Steps—Continuances
Continuances may be granted only upon a showing of good cause.
(B) All cases shall be heard on the day of assignment, continuances being granted only upon a showing of good cause.
Page 19 | Rule 16: Assignment for Trial
A properly notified defendant who misses the initial arraignment receives a 14-day continuance unless the Court orders otherwise.
Defendants who fail to appear for their initial Court arraignment and have been properly notified shall be given a fourteen (14) day continuance for arraignment unless otherwise ordered by the Court.
Page 25 | RULE 25: NOTICE TO DEFENDANTS WHO FAIL TO APPEAR
When counsel has another trial scheduled on the same date, the case set first has priority; criminal trials have priority over civil trials.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or other trial Court of the Sate, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial.
Page 18 | Civil Case Management—Judicial Steps—Continuances
A request to continue a scheduled trial is within the trial court’s discretion.
request for continuance of a scheduled trial is a matter within the discretion of the trial Court.
Page 19
Chambers Communication Rules
Counsel of record must schedule a court date with the Assignment Clerk, and the case will be set for a future date rather than heard the day of the request.
An attorney who has entered an appearance as counsel of record will be required to schedule a court date with the Assignment Clerk. The Assignment Clerk will schedule the case for a future date that complies with these Rules and the Administrative Orders issued by the Judge. Cases will NOT be heard on the same day that the request is made to the Court but will be scheduled on a future date.
Page 24 | RULE 22: CASE MANAGEMENT IN CRIMINAL CASES
Email sent 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 7 | RULE 3.03: ELECTRONIC FILING
The Clerk need not notify the sender of a failed fax filing but may do so if practicable.
The Clerk of Court, is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
Page 6 | Rule 3.02: Fax Filing
The court lists its weekday hours and a phone number with menu options, including an option for court dates and case questions.
Criminal/Traffic Monday – Friday: 8:00 a.m. to 4:00 p.m. Civil/Small Claims Monday – Friday: 8:00 a.m. to 4:00 p.m. PHONE NUMBERS Phone: (419) 885-8975 Tickets, fines, and costs: Option 1 Court dates and case questions: Option 2 Prosecutor: Option 3 Victim Advocate: Option 4 Probation Department Option 5 Court Voicemail Option 6
Page 39 | PHONE NUMBERS