Tiffin-Fostoria Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance must be requested by written motion, is granted only for good cause, and the motion must state the requested-from date and reasons; the moving party must contact the opposing party and note its position.
- When counsel has conflicting trial settings, federal and common pleas court trials take priority; among municipal or county court cases, the case set first takes priority; criminal trials take priority over civil trials.
- The trial court has discretion to grant or deny other requests to continue a scheduled trial.
- +3 more
Request must include
- A continuance request made less than seven days before trial will not be considered unless reasonable diligence could not have revealed the circumstances at least seven days before trial.
Page & Word Limits1 rule
Transmissions without such information will not be accepted for ling. A transmitted document must be no longer than ten (10) pages not including the cover page and must pertain to only one case.
- Fax transmitted document
- Up to 10 pages
Document Format Requirements3 rules
Garnishment proceedings must use the statutory form, be properly completed with a date, and noncompliant papers will be refused.
Court's wording
All garnishment proceedings shall be in the form required by Section 2716.02, Ohio Revised Code, and the garnishment papers will be properly lled out, including date. The Clerk of this Court is instructed to refuse to accept for ling any garnishment papers not complying with this rule.
A transmitted document must be no longer than ten (10) pages not including the cover page and must pertain to only one case.
The use and ling of a traf c citation or complaint that is produced by computer or other electronic means is hereby authorized in the Tif n-Fostoria Municipal Court. The electronically produced complaint shall conform in all substantive respects to the Ohio Uniform Traf c Ticket.
Document Filing Requirements51 rules
A fax filing must include the listed case, document, transmission, filer, and cost information on its cover page.
- Document
- Fax cover page
Must include
- •Case number
Court's wording
The attorney or other parties must provide the following information on the fax cover page: a. the name of the Court; b. the title of the case; c. the case number; d. the title of the document being led; e. the date of transmission; f. the transmitting fax number; g. an indication of the number of pages included in the transmission, including the cover page h. if a Judge or case number has not been assigned, state that fact on the cover page; i. the name, address, telephone number, fax number, Supreme Court registration number and, if applicable, an e-mail address of the person ling the fax document if available, and; j. if applicable, a statement explaining how costs are being submitted.
In criminal cases, the complaint shall comply with Crim.R.3.
When a complaint is produced electronically at the scene, the issuing officer must give the defendant a paper copy and provide the Court a similar citation or complaint with required supporting documentation.
Court's wording
If a complaint is produced electronically at the scene of an alleged offense, the of cer issuing the citation or complaint shall provide the defendant with a paper copy of the complaint, the court with a similar citation or complaint along with any other required documentation such as the LEADS print-out, BMV 2255, probable cause af davit or other pertinent documentation.
If a prior trial con ict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.
In the event a party claims to be indigent and unable to post the deposit, an af davit as to such indigence shall be led with the demand for jury
Each filing must identify newly appearing parties and the venue and location in its caption, and must include filing counsel’s contact and registration details and, if applicable, the responsible attorney’s name.
- Document
- Pleading motion document
- Placement
- Caption
Court's wording
In every pleading, motion, or document led on behalf of a party or parties, there shall be set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceedings for the rst time and the speci c venue and location in which the case is led. Every pleading, motion, or document led on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel ling the same, and if led by a law rm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.
Pleadings, motions, or other documents not complying with this rule of Court shall not be accepted for ling by the Clerk.
A withdrawal application must be a written entry or motion stating its reasons and containing the specified trial, service, client-notice, and mailing information.
Court's wording
No such application will be considered unless a written entry or motion is presented stating the reasons for the application. The entry or motion will contain the following: {1} The time and date of trial, if set. {2} A certi cation of service to opposing counsel. {3} Certi cation that the client has been noti ed that the attorney is seeking to withdraw from the case. {4} Counsel's professional statement that, if allowed, a copy of the entry will be mailed immediately to the last known address of the client.
If the claim is liquidated, in addition to the motion, the moving party shall le an af davit or memorandum containing suf cient information in support of the claim.
An unliquidated claim or an appearance by the party against whom default is sought requires a hearing, and the motion must state the hearing’s date and time on its face.
Court's wording
If the claim is unliquidated, or if the party against whom judgment by default is sought has appeared in the action, or both, then a hearing is required before the Judge. In these cases, the motion for default judgment must include, on the face of the motion, notice of the date and time of the scheduled hearing on the motion.
A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall le a written motion and a proposed Judgment Entry with the Clerk of Courts. Military Af davits pursuant to the Soldiers and Sailors Relief Act shall be led with the proposed entry, unless led earlier.
- Document
- Default judgment motion
Must include
- •Proposed order
They will be accompanied by the proof of service of the demand required by Section 2716.02, Ohio Revised Code
the bailiff shall not proceed until there is led with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
The journal entry shall state which party will pay the court costs.
Counsel for the party in whose favor an order of judgment is rendered shall prepare a journal entry unless the trial Judge indicates that he or she- will prepare same; if court-prepared, the entry will not be submitted for approval.
Upon noti cation from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fteen (15) days or the case will be dismissed for want of prosecution.
Substitution of parties, at any stage of the proceedings, must be by motion and order of the court.
A small claims action is commenced by ling a Small Claims Complaint, pursuant to Ohio Revised Code Chapter 1925.
Upon ling of motion and af davit, as required by Ohio Revised Section 1925.10 (B), and upon payment of the required cost, the small claim may be transferred to the regular docket.
An assignment of judgment or other transfer of interest will not be effective unless it is approved by a judge's entry.
A complaint seeking a warrant must be accompanied by a fact affidavit sufficient for a probable-cause determination; a substantially identical statutory-language affidavit is insufficient, though the court may instead hold an open-court probable-cause hearing.
Court's wording
If a warrant is requested on a complaint, the complaint shall be accompanied by an af davit of fact pursuant to Ohio Criminal Rule 4(A)(1) whereby the Court can determine probable cause. An af davit of fact merely phrased in statutory language and in substantially the same language as the complaint is not suf cient. In the alternative, the Court may hold a probable cause hearing in open Court before authorizing the issuance of the warrant.
Therefore, any request to substitute parties in such actions must be preceded by a motion to transfer the case to the regular docket of the court.
All complaints and citations shall state the name and degree of the offense charged, the numerical designation of the statute or ordinance, and the location of the court where the complaint or citation is led.
All criminal and traf c cases shall be commenced in this court by the ling of a complaint or citation.
For a criminal property bond, the defendant’s attorney or the surety’s attorney must provide the Clerk with a title search certifying the property description, deed names, recorded value, and liens.
Court's wording
In all criminal cases where the defendant posts a property bond, his attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of the Courts with a title search, certifying the following: A short description of the property, the names that appear on the deed, the true value of the property as shown on the records in the County Auditor's of ce and whether there are any liens on le against the property.
The Court reserves the right to examine the documents comprising the investigation of the defendant's indigence, and shall require the ling of the prescribed form of the Ohio Public Defenders Of ce regarding the individual defendant.
any subsequent waiver of the jury trial shall be made in writing
An application to modify a driving-privilege suspension must be written, provide the listed employment and vehicle information, and include the defendant’s personal liability insurance policy and an employer statement.
Court's wording
In making application for modi cation of the court order suspending driving privileges, a written application shall be submitted containing the following: {1} the reason for the application; {2} the distance from home to the place of employment; {3} the hours of beginning and ending of work for each day requested; {4} if the request is for driving privileges during hours of employment, a statement of whether employment will be terminated if the request is not granted; and {5} the type of vehicle to be operated and the owner of the vehicle. The application shall be accompanied by a liability insurance policy which is personal to the defendant, plus a statement from the employer verifying facts with regard to the employment; and {6} the ling fee
A person claiming inability to pay a fine must submit a signed written statement of assets and liabilities, including specified financial information and whether the fine could be paid by a certain date if time were granted.
Court's wording
any person who claims inability to pay a ne shall furnish the Court with a written and signed statement setting forth information as to such person's assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in nancial institutions, property owned, and debts, and shall set forth whether the ne could be paid by a certain date if time to pay were granted.
A person claiming inability to pay all or part of incarceration costs under the specified ordinance or resolution must provide a signed written statement of assets and liabilities, including the listed financial and dependent-support information.
Court's wording
any person before the Court for consideration under such Ordinance or Resolution who claims inability to pay the costs of incarceration, either in whole or part, shall furnish the Court with a written and signed statement setting forth information as to such person's assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in nancial institutions, property owned, the costs of supporting dependents, and debts.
Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.
Upon the close of the pretrial with the court, the Law Director or his/her assistant and the defense counsel shall jointly prepare a nal pretrial statement on a form provided by the Court. Said form shall be completed and led with the Clerk of this Court on or before the date and time given in the pretrial with the court.
An attorney who, without just cause, fails to file a pretrial report may be cited for contempt of court.
Court's wording
D) Failure to le a pretrial report, failure to diligently prepare or complete pretrial investigation or failure to attend any hearing wherein a personal appearance is indicated shall subject any attorney in such default without just cause being shown to citation for contempt of court.
shall sign and le evidence of having held said rst pretrial on a form prescribed by the Court and signed by counsel for the parties.
E) Motions: All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
Prospective jurors shall be summoned only upon the ling of a written jury demand.
Facsimile documents need not be followed with the original pleadings or other papers, but the originals must be maintained by the ling party and are subject to inspection by the Court if requested.
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 ling stricken.
A party seeking a court reporter must make a written request, which is subject to the Court’s discretion.
Court's wording
A court reporter may be supplied upon the written request of either party or his/her counsel and at the discretion of the Court, provided such request is led in writing at least ve court days prior to trial.
Insofar as the party ling a document is aware of the judge to whom the case is assigned, he shall note the same between the Case Number and title of the document in the caption.
- Document
- Document
- Placement
- Caption
Change of trial counsel may be permitted by the Court upon the ling of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of such case.
The Court may require the parties to le a pretrial statement to become part of the record and the case embracing all stipulations, admissions, and other matters which have come before it at pretrial.
Complaints may be in statutory language, but should not contain surplusage from the statute or ordinance which is not involved in the case.
At arraignment, a defendant may be required to answer questions under oath about his or her nancial ability to obtain counsel. The defendant may also be required to complete a certi cation of assets to verify indigence and eligibility for the appointment of counsel.
Jury questionnaires may be submitted to potential jurors and, if utilized, will be available for review by any party or their counsel one (1) week prior to trial date.
A jury summons must be readily understandable and explain how and when to respond and the consequences of failing to respond.
Court's wording
Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond.
All requests for excuse, exemption, or deferral must be made on the form provided, and shall be accompanied by appropriate documentation. These documents shall be retained by the court.
A nal jury charge shall, whenever possible, be committed to writing, and shall be provided to the jury for its use during deliberation.
of this added condition of release should be affixed to any documents give the defendant scheduling his/her next court appearance.
Further, all prospective jurors may be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral.
Filing & Service rules
Electronic Filing Rules
Pleadings and other papers may be filed with the Court by fax at either listed location, subject to the stated exceptions.
Except as provided below, all pleadings and other papers may be led with the Court by facsimile at both locations, Tif n fax number is (419) 448-5419 and Fostoria fax number is (419) 436-0278, [subject to the following provisions]:
Page 5 | Rule 7. Filings by Electronic Transmission
A Notice of Appeal must be filed as an original with the Clerk of Court and may not be filed by fax.
When ling a Notice of Appeal, the ling party must le the original Notice of Appeal with the Clerk of Court. A Notice of Appeal cannot be led by facsimile transmission, and the provisions of Rule 7 of these Rules are not applicable to Notices of Appeal.
Page 5 | Rule 7. Filings by Electronic Transmission
Filing Timing and Cure Windows
Electronically transmitted documents will be received by the Court and will be considered led when submitted via e- ling portal.
Electronically transmitted documents will be received by the Court and will be considered led when submitted via e- ling portal.
Page 6 | Rule 7. Filings by Electronic Transmission
The Clerk must notify the filer if a transmitted document cannot be filed, and a submitted document is considered filed only when stamped by the Clerk and properly docketed.
The Clerk shall notify the attorney or other parties if the transmitted document cannot be led for any reason. All documents submitted will be considered led only when the date/time has been stamped by the Clerk and the document has been properly docketed.
Page 6 | Rule 7. Filings by Electronic Transmission
The additional $250 civil jury deposit must be tendered at least three weeks before trial.
An additional deposit of $250.00 shall be tendered no less than three weeks before the trial date.
Page 8 | II. CIVIL RULES
The first $500 of the civil jury deposit is due when the complaint or responsive pleading demanding a jury is filed.
$500.00 of the deposit due at the time of the ling of the complaint or responsive pleading demanding said trial by jury.
Page 8 | II. CIVIL RULES
Unless law, another rule, or the entry specifies otherwise, serve a pleading or amended pleading by the fourteenth day after the specified entry.
In all cases where the ling of a pleading or amended pleading is not xed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the ling of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise speci ed in the entry.
Page 9 | Rule 15. Filing of Pleadings, Motions, Etc.
The opposing party must move or plead within fourteen days after the pleading or amended pleading is filed, unless the Court orders otherwise.
The opposing party shall move or plead to the pleading or amended pleading so led on or before the fourteenth (14th) day after such pleading or amended pleading is led, unless otherwise ordered by the Court.
Page 9 | Rule 15. Filing of Pleadings, Motions, Etc.
After a case is transferred from small claims to the regular docket under the cited statute, the defendant must file an answer within fourteen days of the transfer entry.
Where a case is transferred from small claims court to the regular docket of the Court pursuant to Section 1925.10, Ohio Revised Code, the answer of the defendant or defendants shall be led within fourteen (14) days of the date of the entry ordering such transfer.
Page 9 | Rule 15. Filing of Pleadings, Motions, Etc.
Withdrawal of counsel is prohibited within five court days of any hearing assignment.
Withdrawal of counsel within ve (5) court days of any hearing assignment shall not be permitted.
Page 10 | Rule 16. Withdrawal of Trial Counsel
Opposing counsel must approve or reject the entry within 7 days; otherwise, it is sent to the court marked unapproved.
Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the court marked "unapproved".
Page 15 | G) Judgment Entries
A settlement may avoid trial without an immediate entry, but the entry must be filed within 30 days or the case will be dismissed for want of prosecution.
Entries of settlement may be led at any time. The avoidance of trial by settlement shall be allowed without the ling of an entry, but such entry shall be led within thirty (30) days or the case will be dismissed for want of prosecution.
Page 15 | G) Judgment Entries
The journal entry must be submitted to the Judge within 21 days or as directed by the Court; the Court may prepare it thereafter.
Within twenty-one (21) days of the decision or as directed by the Court, the journal entry shall be submitted to the judge for signature, or, hereafter, the Court will prepare the journal entry, and may charge a court cost of $50.00 to the party in whose favor an order of judgment is rendered.
Page 15 | G) Judgment Entries
If no action is taken on a file for 6 months and the case is not set for trial, the Clerk must notify the party that dismissal will follow within 30 days unless good cause is shown.
If no action has been taken on a le for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within thirty (30) days unless good cause is shown.
Page 16 | Rule 30. Case Management in Special Proceedings
Forcible entry and detainer cases must be set for hearing within the time limits established by the Ohio Revised Code.
All forcible entry and detainer cases shall be set for hearing before the Court pursuant to the time limits set forth in the Ohio Revised Code.
Page 16 | Rule 31. Forcible Entry & Detainer Hearings
The application for default judgment is due within 15 days after the Clerk notifies counsel that the case has defaulted.
Upon noti cation from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fteen (15) days or the case will be dismissed for want of prosecution.
Page 16 | G) Judgment Entries
After a responsive pleading is filed, the Clerk must immediately forward the pleading and file to the Judge so a hearing may be set.
After any responsive pleading is led, the Clerk shall immediately forward said pleading and le to the judge so the matter may be set for a hearing.
Page 16 | Rule 30. Case Management in Special Proceedings
Other special proceedings must be set for hearing within a reasonable time, no later than 90 days.
In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.
Page 16 | Rule 30. Case Management in Special Proceedings
If a file marked “Settlement to Come” has no entry after 30 days, the Clerk must notify the party that the case will be dismissed unless the entry is received within the next 30 days.
When a le has been marked "Settlement to Come" and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his case will be dismissed unless the entry is received within thirty (30) days.
Page 16 | Rule 30. Case Management in Special Proceedings
Special proceedings with hearing time limits established by the Ohio Revised Code must be set within those limits.
Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing.
Page 16 | Rule 30. Case Management in Special Proceedings
If service of summons is not obtained within 6 months, the Clerk must notify counsel that dismissal will follow in 30 days unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 16 | Rule 30. Case Management in Special Proceedings
The defendant must reduce the affidavit to an answer or move as though served with the complaint within 14 days of filing.
If a defendant, the same shall reduce his af davit to an answer or move as though served with complaint within fourteen (14) days of the date of his ling.
Page 17 | Rule 32. Small Claims Court
A criminal jury-trial demand must be filed by the later of the stated deadline measured from trial or receipt of trial-date notice; missing the deadline waives the jury-trial right with no exceptions.
In criminal cases the demand for jury trial must be led within the time limits set forth in Ohio Criminal Rule 23(A) that is not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later. Failure to demand a jury trial within the time limits set forth is a complete waiver of the right to trial by jury, and absolutely no exceptions to this rule will be allowed.
Page 20 | Rule 43. Demand for Jury Trial
After a written jury demand, a waiver must be made at least eight days before trial; failure to comply results in the defendant paying the resulting jury fees and expenses unless the Court orders otherwise.
Once a written demand for jury has been led, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date. Failure to abide by this rule will result in defendant's paying all jury fees and expenses incurred by reason of such demand, unless otherwise ordered by the Court.
Page 21 | III. CRIMINAL AND TRAFFIC RULES
Witness praecipes must be filed at least five days before trial unless the case was set for trial less than five days in advance.
All praecipes for witnesses shall, unless the case is set for trial less than ve (5) days in advance, be led not less than ve (5) days prior to trial date.
Page 21 | III. CRIMINAL AND TRAFFIC RULES
For represented defendants charged with jailable misdemeanors, the Clerk or deputy Clerk must set a pretrial within 20 days after arraignment, except when the time allowed under R.C. 2945.71 is less than 30 days.
After arraignment, all jailable misdemeanors wherein the defendant is represented by a defense counsel shall be set for pretrial by the Clerk or deputy Clerk within twenty (20) days except in those cases wherein the time allowed by R.C. 2945.71 is less than thirty (30) days.
Page 22 | III. CRIMINAL AND TRAFFIC RULES
The final pretrial statement form must be completed and filed with the Clerk by the date and time set at the pretrial with the Court.
Said form shall be completed and led with the Clerk of this Court on or before the date and time given in the pretrial with the court.
Page 23 | III. CRIMINAL AND TRAFFIC RULES
Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.
Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.
Page 23 | III. CRIMINAL AND TRAFFIC RULES
After the stated notice date, the Court will accept only a plea to the original charge.
After this date, the court will not accept any plea except to the original charge.
Page 23 | III. CRIMINAL AND TRAFFIC RULES
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Motions must be led within the time limits established by the Ohio Rules of Criminal Procedure.
Page 23 | III. CRIMINAL AND TRAFFIC RULES
The Clerk must summon jurors at least ten days before the scheduled trial.
The Clerk shall summons jurors a minimum of ten (10) days prior to the scheduled trial.
Page 25 | Rule 55. Summoning of Prospective Jurors
The court will not entertain motions on the day of trial, except motions it must consider by law or rule.
No motions shall be entertained by the court the day of trial, except those which the court must consider by law or by rule of procedure.
Page 28 | Rule 58. Jury Orientation
Proposed jury instructions must be submitted by the assigned date and time.
Such proposed jury instructions shall not be submitted past the assigned date and time.
Page 28 | Rule 58. Jury Orientation
A request for a court reporter must be filed in writing at least five court days before trial, and provision of a reporter remains within the Court’s discretion.
A court reporter may be supplied upon the written request of either party or his/her counsel and at the discretion of the Court, provided such request is led in writing at least ve court days prior to trial.
Page 7 | I. GENERAL PROVISIONS
The Court may require trial briefs and, if it does, will set their filing date.
In addition, the Court may determine whether or not trial briefs should be submitted and shall x a date when they are to be led.
Page 15 | II. CIVIL RULES
Service and Proof of Service Rules
A motion to continue must be served on opposing counsel or the opposing party.
All motions to continue shall be served on the opposing counsel or opposing party.
Page 7 | I. GENERAL PROVISIONS
The filer must mail or deliver each subsequent pleading, written motion, or brief to every party or that party’s attorney and note the mailing or delivery on the original; depositing a pleading copy with the Clerk suffices when it accompanies a summons.
It shall be the duty of the party or attorney ling a pleading, written motion, or brief subsequent to the complaint to mail or deliver a copy thereof to each party to the case, or the attorney for such party. Failure to comply with this rule shall be suf cient cause to strike the pleading, motion, or brief from the les. If a copy of a pleading is to accompany a summons to be served in the case, it shall be suf cient compliance with this rule to deposit such copy with the Clerk. The fact of such mailing or delivery to the adverse party shall be noted on the original.
Page 9 | Rule 15. Filing of Pleadings, Motions, Etc.
File enough copies with the Clerk for pleadings, motions, or documents that will be served by the Clerk, bailiff, or sheriff.
Suf cient copies of every pleading, motion, or document to be served by the Clerk, bailiff, or sheriff, shall be led with the Clerk.
Page 9 | Rule 15. Filing of Pleadings, Motions, Etc.
The motion and hearing notice must be served on the opposing party under Rule 4(C) at least seven days before the hearing.
Service of the motion and notice of hearing shall be made on the opposing party in accordance with Rule 4(C) and not less than seven (7) days before the scheduled hearing.
Page 11 | Rule 20. Default Judgment
The moving party must show that the other parties were properly served as required by the rule.
The moving party shall be responsible to show that the other parties have been properly served as required by this rule.
Page 11 | Rule 20. Default Judgment
The Clerk must serve copies of the Court’s decision on the parties or their attorneys.
Copies of the Court's decision shall be served upon the parties or their attorneys by the Clerk.
Page 11 | Rule 20. Default Judgment
Service of pretrial notice under Civil Rule 5 is deemed sufficient notice of the pretrial conference.
(service of notice pursuant to Civil Rule 5 is hereby deemed suf cient as to the notice of pretrial).
Page 11 | Civil Rules, Pretrial
If service of summons fails, the complainant or counsel must make an additional service effort within six months after the cause of action was filed.
In the event there is a failure of service of summons, the complainant or his attorney shall make additional effort within six (6) months from the date the cause of action was led.
Page 12 | Rule 21. Failure of Service
Summons must be served under the Ohio Rules of Procedure; after failed service the Clerk must notify counsel immediately, and failure to obtain service within six months prompts 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 cause of action has been led, then the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 14 | Rule 29. Case ow Management in Civil Cases
A counsel-prepared journal entry must be submitted to opposing counsel within 14 days of the decision.
If counsel-prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the decision.
Page 15 | G) Judgment Entries
Counsel must obtain service of summons within 6 months in a new case; otherwise, the Clerk will give 30 days' notice of dismissal unless good cause is shown.
In all new cases, if counsel fails to obtain service of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.
Page 16 | Rule 30. Case Management in Special Proceedings
The substitution motion and notice of hearing must be served on the parties as provided in Civil Rule 5.
together with a notice of hearing, shall be served on the parties as provided in Civil Rule 5,
Page 17 | Rule 33. Substitution of Parties
The substitution motion and notice of hearing must be served on nonparties as provided for service of summons under Civil Rules 4 through 4.6.
and upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons.
Page 18 | Rule 33. Substitution of Parties
The listed participants must be notified of and attend criminal pretrial conferences unless the Court dispenses with attendance.
It is the order of the Court that the Law Director or his/her assistant, the defendant's attorney, and the defendant be noti ed of a pretrial conference in criminal cases and attend the pretrial conferences unless dispensed from attendance by the Court.
Page 19 | Rule 41. Pretrial Procedure in Criminal Cases
Counsel must ensure witness subpoenas are requested and properly served; the Law Director or assistant handles prosecution witnesses and defendants or their attorneys handle defense witnesses.
It is the responsibility of the counsel for the parties to see that subpoenas for witnesses are properly requested. It is the responsibility of the Law Director or his/her assistant to see that prosecution witnesses are properly subpoenaed. Once subpoenas are issued, the Law Director or his/her assistant shall determine whether service has been obtained for the purpose of assuring service before trial or hearing date. All praecipes for witnesses shall, unless the case is set for trial less than ve (5) days in advance, be led not less than ve (5) days prior to trial date. It is the responsibility of defendant or his/her attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained. All praecipes for witnesses shall, unless the case is set for trial less than ve (5) days in advance, be led not less than ve (5) days prior to trial date.
Page 21 | III. CRIMINAL AND TRAFFIC RULES
Notice of a pretrial conference must be given to all counsel of record by mail, telephone, or both.
Notice of pretrial conference shall be given to all counsel of record by mail and/or telephone
Page 14 | Rule 29. Case ow Management in Civil Cases
The Court notifies the listed recipients of hearing dates, and notice is sufficient if sent to the last known address in the case papers.
The Court will notify the Law Director of the City of Tif n, the Law Director for the City of Fostoria, or their assistant, the attorney for the defendant, and the defendant as to the dates of any hearings. Notices shall be deemed suf cient if sent to the last known address listed on the papers making up the le on the case.
Page 19 | Rule 40. Noti cation as to Cases Set for Hearing
Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date.
All prospective jurors shall be noti ed by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 25 | Jury Management Plan
Filing Fees and Waivers
An electronically filed document requiring a fee may be rejected unless the filer follows the Court's payment instructions.
Any document led electronically that requires a ling fee may be rejected by the clerk of court unless the ler has complied with payment instructions established by the court for payment of ling fees.
Page 6 | Rule 7. Filings by Electronic Transmission
A civil jury demand requires a $750 security deposit: $500 when the complaint or responsive pleading demanding a jury is filed and another $250 at least three weeks before trial; failure to pay either installment waives a jury, and the deposit is otherwise refunded at the conclusion of the case.
A demand for a civil jury trial shall be made as required by Civil Rule 38 and shall be accompanied by a deposit of $750.00 as security for the rst day jury cost. Said sum shall be rst collected with $500.00 of the deposit due at the time of the ling of the complaint or responsive pleading demanding said trial by jury. An additional deposit of $250.00 shall be tendered no less than three weeks before the trial date. In the event that either 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. Otherwise, the deposit shall be refunded to the party posting it at the conclusion of the case.
Page 8 | II. CIVIL RULES
If a civil case settles or is dismissed before trial but not all jurors can be notified, the requesting party must pay the fees of jurors who report for trial.
In the event a civil case is settled or dismissed prior to trial and it is not possible to notify all jurors of such cancellation, the requesting party shall bear the cost of juror fees for those jurors who report on the day of trial.
Page 8 | II. CIVIL RULES
Garnishment papers must be accompanied by the garnishee's fee prescribed by statute.
and by the garnishee's fee provided by Section 2716.12, Ohio Revised Code.
Page 13 | Rule 24. Garnishment Proceedings
The required filing costs must be paid before a small-claim transfer will be granted.
Upon ling of motion and af davit, as required by Ohio Revised Section 1925.10 (B), and upon payment of the required cost, the small claim may be transferred to the regular docket. No transfer will be granted until the ling costs are paid.
Page 17 | Rule 32. Small Claims Court
The application to modify driving privileges must include the filing fee.
{6} the ling fee
Page 21 | III. CRIMINAL AND TRAFFIC RULES
Civil cases require a $750 jury deposit, with nonpayment resulting in no jury being summoned and waiver of jury trial; a person determined indigent may petition for a waiver, and criminal cases require no deposit.
In civil cases, a jury deposit of seven hundred fty dollars ($750.00) 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 trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement. In criminal cases, no deposit shall be required.
Page 25 | Rule 55. Summoning of Prospective Jurors
The court's costs, security deposits, and filing fees are established by a separate order.
The schedule of costs, security deposits, and ling fees for all cases in the Tif n- Fostoria Municipal Court will be as set forth by separate order of this court.
Page 9
If the Court prepares the journal entry, it may charge a $50 court cost to the party in whose favor judgment was rendered.
Within twenty-one (21) days of the decision or as directed by the Court, the journal entry shall be submitted to the judge for signature, or, hereafter, the Court will prepare the journal entry, and may charge a court cost of $50.00 to the party in whose favor an order of judgment is rendered.
Page 15 | G) Judgment Entries
Pre-Motion Conference Requirements
Opposing counsel must answer in the same written manner within 14 days; motions are then considered submitted unless the Court extends the time, and an oral hearing requires a written request and the Court's determination that it is necessary.
Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court. There will be no oral hearing granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.
Page 14 | Rule 29. Case ow Management in Civil Cases
A motion is submitted on written briefs absent an oral-hearing request previously noticed to opposing counsel, unless opposing counsel requests a hearing in writing within seven days after receiving the motion.
In the absence of a request to the Court for an oral hearing, notice of which request shall have been previously given to opposing counsel, a motion shall be deemed submitted on written briefs unless the opposing counsel requests in writing an oral hearing, which request shall be submitted within seven (7) days of receiving the motion.
Page 9 | Rule 15. Filing of Pleadings, Motions, Etc.
Adjournment & Extension Requirements
A continuance must be requested by written motion, is granted only for good cause, and the motion must state the requested-from date and reasons; the moving party must contact the opposing party and note its position.
Every request for a continuance shall be by written motion and will only be granted upon showing of good cause. The moving party shall contact the opposing party and note agreement or opposition to the subject motion. The motion shall set forth the date from which a continuance is requested and reasons for the continuance.
Page 7 | I. GENERAL PROVISIONS
A continuance request made less than seven days before trial will not be considered unless reasonable diligence could not have revealed the circumstances at least seven days before trial.
No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven (7) or more days prior to trial.
Page 7 | I. GENERAL PROVISIONS
A pretrial conference continuance may be granted for good cause and requires approval from the judge before whom it is scheduled.
Continuances of pretrial conferences may be granted upon the showing of good cause, and no continuance shall be granted without approval of the judge before whom the pretrial is scheduled.
Page 11 | Civil Rules, Pretrial
A continuance to a specific date will be granted only if the Court is satisfied that it is necessary.
All cases will be heard on the day assigned for pretrial or trial, and continuances to a day certain will only be granted upon the demonstration to the satisfaction of the Court of the necessity for the continuance.
Page 12 | Rule 22. Assignment of Cases
An application to continue the conference must be addressed to the Judge.
Any application for continuance of the conference shall be addressed to the Judge.
Page 15 | II. CIVIL RULES
When counsel has conflicting trial settings, federal and common pleas court trials take priority; among municipal or county court cases, the case set first takes priority; criminal trials take 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 another trial court of this state, cases set in federal court and common pleas courts trial shall have priority and shall be tried on the date assigned. With regard to other cases set in municipal or county court, those cases set rst in time shall have priority. Criminal cases assigned for trial have priority over civil cases.
Page 8 | I. GENERAL PROVISIONS
The trial court has discretion to grant or deny other requests to continue a scheduled trial.
The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 8 | I. GENERAL PROVISIONS
Chambers Communication Rules
Judge-jury communications from reporting through dismissal must be written or placed on the open-court record, and counsel must be informed and given an opportunity to be heard.
All communications between the judge and the members of the jury panel, from the time of reporting to the court through dismissal, shall be committed to writing or placed on the record in open court. Counsel for each party shall be informed of any communications, and shall be given the opportunity to be heard as to such communication.
Page 28 | Rule 58. Jury Orientation
Counsel, parties, and witnesses must not have contact with jurors.
Under no circumstances shall counsel, a party, or other witness, have any contact with jurors.
Page 28 | Rule 58. Jury Orientation
Prospective jurors must direct questions and communications to assigned court personnel.
Upon appearance for service, all prospective jurors shall be placed under the supervision of assigned personnel and shall direct any questions or communications to such court personnel for appropriate action.
Page 28 | Rule 58. Jury Orientation
The clerk offices are open for business from 8:30 a.m. to 4:30 p.m. on weekdays except legal holidays, but the Court may designate other closure times.
The of ce of the clerk at Tif n and the special deputy clerk in Fostoria shall be open for the transaction of business from 8:30 a.m. to 4:30 p.m., Monday through Friday each week, except legal holidays. The clerk's of ce may be closed at such other times as the Court may designate.
Page 4 | I. GENERAL PROVISIONS — Rule 4. Times of Holding Court
Counsel are encouraged to provide the Clerk with available dates.
It is suggested that counsel provide available dates to the Clerk.
Page 8 | I. GENERAL PROVISIONS
Court personnel shall endeavor to secure the safety of all prospective jurors, and shall arrange and conduct all activities so as to minimize contact between jurors, parties, counsel, and the public.
Court personnel shall endeavor to secure the safety of all prospective jurors, and shall arrange and conduct all activities so as to minimize contact between jurors, parties, counsel, and the public.
Page 28 | Rule 58. Jury Orientation