Van Wert Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 3 copies • Before Hearing
Adjournments
- Continuance requests must be made by written motion, show good cause, include the requested date and reasons, and generally be made at least seven days before trial; requests made later are considered only in the stated circumstances.
Page & Word Limits1 rule
A transmitted document must be no longer than ten (10) pages not including the cover page
- Transmitted document
- Up to 10 pages
Document Format Requirements5 rules
A motion requesting a stenographer must be in writing.
Court's wording
If a stenographer is requested for any hearing, the party requesting the stenographer must file a motion with the court in writing within ten (10) days before the hearing date requesting a stenographer be scheduled by the Court.
A transmitted document must be no longer than ten (10) pages not including the cover page and must pertain to only one case.
To be considered conspicuous language, the Court requires the language in print or writing, bolded, all capitalized, and set apart in the document by asterisk or placed inside of a box.
Formatting
- •The language must be in print or writing and bolded
- •The language must be all capitalized
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
- Motion
Formatting
- •Motions shall be made in writing
Complaints may be in statutory language, but should not contain surplus language from the statute or ordinance which is not involved in the case.
Document Filing Requirements48 rules
B) The attorney or other parties must provide the following information on the fax cover page of a facsimile transmission: (1) The name of the Court; (2) The title of the case;
Transmissions must provide the listed case, document, sender, and cost-submission information, including applicable conditional details, or they will not be accepted for filing.
Court's wording
(3) The case number; (4) The title of the document being filed; (5) The date of transmission; (6) The transmitting fax number; (7) An indication of the number of pages included in the transmission, Including the cover page (8) If a judge or case number has not been assigned, state that fact on the cover page (9) The name, address, telephone number, fax number, supreme court Registration number and, if applicable, an e-mail address of the person filing the document if available, and; (10) If applicable, a statement explaining how costs are being submitted. Transmissions without such information will not be accepted for filing.
A demand for a civil jury trial shall be made as required by Civil Rule 38
In the event a party claims to be indigent and unable to post the deposit, an affidavit as to such indigence shall be filed with the demand for jury, and the Court may summon the party into court for further investigation of the claimed indigence.
If a prior trial conflict 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 every pleading, motion, or document filed 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,
- Document
- Pleading motion or document
- Placement
- Caption
Sufficient copies of every pleading, motion or document to be served by the Clerk, bailiff, or sheriff, shall be filed with the Clerk.
Filings on behalf of a party must identify filing counsel and, if counsel is a law firm, the attorney with primary responsibility for the case.
Court's wording
Every pleading, motion, or document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.
A withdrawal application must be a written entry or motion stating its reasons and containing the listed trial, service, client-notice, and mailing information.
- Document
- Withdrawal application
Include
- •Certificate of service
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 certification of service to opposing counsel (3) Certification that the client has been notified 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.
Change of trial counsel may be permitted by the Court upon the filing 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.
All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.
Counsel for the party in whose favor an order of judgment is rendered shall prepare a journal entry unless the trial judge indicates that she will prepare same; if court-prepared, the entry will not be submitted for approval.
The journal entry shall state which party will pay the court costs.
Military Affidavits pursuant to the Soldiers and Sailors Relief Act shall be filed with the proposed entry, unless filed earlier.
If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit or memorandum containing sufficient information in support of the claim.
A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and proposed Judgment Entry with the Clerk of Court.
- Document
- Default judgment motion
Must include
- •Proposed order
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.
All forcible entry and detainer cases filed with the Court must include a copy of the property deed and copy of lease/rental agreement.
They will be accompanied by the proof of service of the demand required by Section 2715.02 Ohio Revised Code
The Court requires the 30-day notice to be in a documented articulable form to the defendant, ie. text or writing.
When the stated rental or statutory circumstances require a 30-day notice, an executed 30-day notice and a three-day notice to leave premises are required unless an exemption applies.
Court's wording
If the rental agreement were a month-to-month agreement, oral (without a written lease agreement), or any other circumstance where a 30-day notice shall be required as identified by Ohio statute or case law, an executed 30-day notice AND three-day notice to leave premises are required unless exemption is met.
The 30-day notice must be provided in a documented articulable form to the Court.
The three-day notice must include the specified tenant-rights language.
Court's wording
The three-day notice must include the following language written in a conspicuous manner: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.”
It is required to have been stated in the Complaint Forcible Entry and Detainer the legal owner of the mobile home.
All criminal and traffic cases shall be commenced in this court by the filing of a complaint.
A complaint requesting a warrant must include a fact-based affidavit sufficient to determine probable cause, unless the Court instead holds an open-court probable-cause hearing before authorizing the warrant.
Court's wording
If a warrant is requested on a complaint, the complaint shall be accompanied by an affidavit of fact pursuant to Ohio Criminal Rule 4(A)(1) whereby the Court can determine probable cause. An affidavit of fact merely phrased in statutory language and in substantially the same language as the complaint is not sufficient. In the alternative, the Court may hold a probable cause hearing in open Court before authorizing the issuance of the warrant.
All complaints and traffic citations must be accompanied by a LEADS or separate piece of paper containing the Social Security number.
All complaints shall state the name of the offense charged and shall contain the numerical designation of the statute or ordinance.
shall require the filing of the prescribed form of the Ohio Public Defenders Office regarding the individual defendant.
A written application to modify a driving-privilege suspension must state the listed reasons, employment and commute details, and vehicle information.
Court's wording
In making application for modification of the court order suspending driving privileges, a written application shall be submitted contained the following: {1} the reason for the application {2} the distance from home to 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.
Anyone claiming inability to pay a fine must provide the Court a signed, written statement detailing their assets, liabilities, employment, and ability to pay by a specified date if given more time.
Court's wording
A) In order that this Court may properly administer Sections 2947.14 and 2947.20 of the Ohio Revised Code, any person who claims inability to pay a fine 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 financial institutions, property owned, and debts, and shall set forth whether the fine could be paid by a certain date if time to pay were granted. The refusal to submit such statement, or the furnishing of a false statement, may be punished as a contempt of court.
Upon the close of the second pre-trial conference, the Law Director or his assistant and the defense counsel shall jointly prepare a final pre-trial statement on a form provided by the Court. Said form shall be completed and filed with the Clerk of this Court on or before the date and time given in the second pre-trial conference.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.
Counsel for the parties shall notify the court by 12:00 pm 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.
A jury summons must be understandable to someone unfamiliar with legal process and explain how and when to respond and the consequence 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 consequence of his failure to respond.
Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral.
Prospective jurors shall be summoned only upon the filing of a written jury demand.
All requests for excuse, exemption, or deferral must be made on the form provided, and shall be accompanied by appropriate documents.
B) If an extension to pay is granted, the defendant must sign a payment agreement at the Clerk’s office. This statement lists the amount owned, the date of a payment and conditions for failure to pay by a date established.
Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial. Upon completion or termination of the trial, the Court shall gather any jury questionnaires previously distributed and dispose of the same.
Insofar as the party filing 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
The Court may require the parties to file a pre-trial statement to become part of the record and the case embracing all stipulations, admissions, and other matter which have come before it at pre-trial.
if court-prepared, the entry will not be submitted for approval.
In addition, the Court may determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.
The defendant may also be required to complete a certification of assets to verify indigence and eligibility for the appointment of counsel.
A defendant seeking to work off fines through community service must provide proof of inability to pay; the Court may allow this for all or part of the fine, but not court costs.
Court's wording
B) If a defendant provides proof that they are unable to pay their fines and wish to complete community service in lieu of payment of fines, the Court may allow defendant to work off fines at the current Ohio minimum wage rate. Fines can be worked off for all or part of a fine but no court costs can be worked off.
The Court may require testimony under oath or by affidavit.
Filing & Service rules
Electronic Filing Rules
An electronically filed document and signature are accepted as originals; the filing party need not submit the originals afterward but must retain them for inspection if requested.
A). A document filed by electronic means will be accepted as original and the signature accepted as original. The electronic documents need not be followed with the original pleadings or other papers, but the originals must be maintained by the filing party and are subject to inspection by the Court if requested.
Page 8 | RULE 4 — FILING BY ELECTRONIC TRANSMISSION
Pleadings and other papers may be filed with the Court by fax or email, subject to the stated provisions.
The Court provides for the filing of pleadings and other papers by electronic means. All pleadings and other papers may be filed with the Court by facsimile (419–238-0301) transmission or by electronic mail transmission (vanwertmunicourt@gmail.com) subject to the following provisions:
Page 8 | RULE 4 — FILING BY ELECTRONIC TRANSMISSION
Filing Timing and Cure Windows
A written motion requesting a stenographer must be filed within ten days before the hearing date.
If a stenographer is requested for any hearing, the party requesting the stenographer must file a motion with the court in writing within ten (10) days before the hearing date requesting a stenographer be scheduled by the Court.
Page 6 | RULE 2 — COURT SESSIONS
A submitted document is considered filed only after the Clerk stamps it with the date and time and it is properly docketed.
All documents submitted will be considered filed only when the date/time has been stamped by the Clerk and the document has been properly docketed.
Page 9 | RULE 4 — FILING BY ELECTRONIC TRANSMISSION
The opposing party must move or plead within 14 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 filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.
Page 13 | RULE 3 — PLEADINGS
In a case transferred from small claims court to the regular docket under the cited statute, the defendant’s answer must be filed within 14 days after 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 filed within fourteen (14) days of the date of the entry ordering such transfer.
Page 13 | RULE 3 — PLEADINGS
The Clerk must not accept pleadings, motions, or other documents that do not comply with this court rule.
Pleadings, motions, or other documents not complying with this rule of Court shall not be accepted for filing by the Clerk.
Page 14 | RULE 3 — PLEADINGS
If a case not set for trial has had no activity for six months, the Clerk must notify the party that it will be dismissed within 30 days unless good cause is shown.
If no action has been taken on a file 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 18 | RULE 15 — CASEFLOW MANAGEMENT IN CIVIL CASES
If a settlement entry has not been received within 30 days after the file is marked “settlement entry to come,” the Clerk must notify the party that the cause will be dismissed unless the entry is received within a further 30 days.
When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his cause will be dismissed unless the entry is received within thirty (30) days.
Page 18 | RULE 15 — CASEFLOW MANAGEMENT IN CIVIL CASES
The journal entry must be submitted to the judge for signature within 21 days of the decision.
Within twenty-one (21) days of the decision, the journal entry shall be submitted to the judge for signature.
Page 20 | Judgment Entries
Opposing counsel must approve or reject the journal entry within seven days; otherwise, it must be 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 20 | Judgment Entries
Settlement may occur without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.
The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.
Page 21
A criminal jury-trial demand must be filed by the later of the stated Rule 23(A) deadlines; missing the deadline completely waives the jury-trial right, with no exceptions.
In criminal cases the demand for jury trial must be filed 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 36 | RULE 38 — DEMAND FOR JURY TRIAL
Praecipes for witnesses must be filed at least five business days before trial unless the case is set for trial less than five business days in advance.
All praecipe for witnesses shall, unless the case is set for trial less than five (5) business days in advance, be filed not less than five (5) business days prior to trial date.
Page 37 | RULE 41 — SUBPOENAS
After a written jury demand, any waiver must be in writing at least eight days before trial.
Once a written demand for jury has been filed, any subsequent waiver of jury trial shall be made in writing at least eight (8) days prior to the trial date.
Page 37 | RULE 39 — WAIVER OF JURY
Jury questionnaires must be submitted to potential jurors and available for review by any party or counsel one week before trial.
Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial date.
Page 37 | Rule 40 — JURY QUESTIONNAIRES
Praecipes for witnesses must be filed at least five business days before trial unless the case is set for trial less than five days in advance.
All praecipe for witnesses shall, unless the case is set for trial less than five (5) days in advance, be filed not less than five (5) business days prior to trial date.
Page 38 | RULE 41 — SUBPOENAS
The final pre-trial statement form must be completed and filed with the Clerk by the date and time set at the second pre-trial conference.
Said form shall be completed and filed with the Clerk of this Court on or before the date and time given in the second pre-trial conference.
Page 41 | RULE 2 — Criminal/traffic pre-trial conferences and defendant rights
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 42 | RULE 2 — Criminal/traffic pre-trial conferences and defendant rights
Counsel must notify the court by 12:00 pm on the seventh day before trial of any change in plea or jury-demand status.
Counsel for the parties shall notify the court by 12:00 pm 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 42 | RULE 2 — Criminal/traffic pre-trial conferences and defendant rights
Service and Proof of Service Rules
Continuance requests must be served on opposing counsel or the opposing party.
All requests shall be served on the opposing counsel or the opposing party.
Page 11 | RULE 8 — CONTINUANCES
When no law or other rule sets the filing time, serve the pleading or amended pleading within 14 days after the specified entry, unless the entry provides otherwise.
In all cases where the filing of a pleading or amended pleading is not fixed 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 filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.
Page 13 | RULE 3 — PLEADINGS
After the complaint, the filer must mail or deliver each pleading, written motion, or brief to every party or counsel and note the service on the original; a summons copy may instead be deposited with the Clerk, and noncompliance may support striking the filing.
It shall be the duty of the party or attorney filing 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 sufficient cause to strike the pleading, motion, or brief from the files. If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient 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 14 | RULE 3 — PLEADINGS
A withdrawal application must include a certification of service to opposing counsel.
(2) A certification of service to opposing counsel
Page 15 | RULE 11 — WITHDRAWAL OF TRIAL COUNSEL
The withdrawal application must state that, if withdrawal is allowed, counsel will immediately mail a copy of the entry to the client’s last known address.
(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.
Page 15 | RULE 11 — WITHDRAWAL OF TRIAL COUNSEL
If summons service fails, the complainant or counsel must make additional efforts within six months after the cause of action is 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 filed.
Page 17 | RULE 14 — FAILURE OF SERVICE
Summons must be served in accordance with the Ohio Rules of Procedure.
Summons shall be served in accordance with the Ohio Rules of Procedure.
Page 18 | RULE 15 — CASEFLOW MANAGEMENT IN CIVIL CASES
Counsel must obtain summons service within six months after filing; if service fails, the Clerk must notify counsel immediately and, after the six-month period, provide notice of dismissal within 30 days unless good cause is shown.
In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service in summons within six (6) months from the date the cause of action has been filed, 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 18 | RULE 15 — CASEFLOW MANAGEMENT IN CIVIL CASES
The assignment commissioner must give all counsel of record notice of a pre-trial conference by mail and/or personally at least seven days beforehand.
Notice of pre-trial conference shall be given to all counsel of record by mail and/or personally from the assignment commissioner not less than seven (7) days prior to the conference.
Page 19 | RULE 2 — COURT SESSIONS, F) Pre-trial conferences
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 20 | Judgment Entries
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 22 | RULE 17 — DEFAULT JUDGMENT
The motion and hearing notice must be served on the opposing party under Rule 4(c) at least seven days before the hearing, and the moving party must show proper service.
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. The moving party shall be responsible to show that the other parties have been properly served as required by this rule.
Page 22 | RULE 17 — DEFAULT JUDGMENT
The motion for substitution and notice of hearing must be served on nonparties in the manner provided for service of summons under Civil Rules 4 through 4.6.
upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons
Page 24 | RULE 19 — SUBSTITUTION OF PARTIES
The motion for substitution 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 24 | RULE 19 — SUBSTITUTION OF PARTIES
The three-day notice must be served pursuant to Ohio Revised Code § 1923.04.
The three-day notice must be served pursuant to the Ohio Revised Code 1923.04.
Page 26 | RULE 24 — FORCIBLE ENTRY AND DETAINER HEARINGS
In new cases, counsel must obtain service of summons within six months; otherwise, the Clerk will give notice that the case will be dismissed in 30 days unless good cause is shown.
C) 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 30 | RULE 28
Counsel for the parties must ensure that subpoenas for prosecution witnesses are properly requested.
It is the responsibility of the counsel for the parties to see that subpoenas for prosecution witnesses are properly requested.
Page 37 | RULE 41 — SUBPOENAS
After subpoenas issue, the Law Director or assistant must determine whether service has been obtained to ensure service before trial or a hearing.
Once subpoenas are issued, the Law Director or his assistant shall determine whether service has been obtained for the purpose of assuring service before trial or hearing date.
Page 37 | RULE 41 — SUBPOENAS
The defendant or defense attorney must ensure defense witnesses are properly subpoenaed and that proper service is obtained after subpoenas issue.
It is the responsibility of defendant or his attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained.
Page 38 | RULE 41 — SUBPOENAS
Prospective jurors must be notified by regular mail through a summons directing them to appear on their assigned date.
All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 44 | Rule 49 C
Service is by certified mail unless a party requests a different method in writing.
Service will be by certified mail unless different service is requested in writing by the Party.
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
The Court sends hearing notices by email to the Law Director, to defense counsel when counsel provides an email address, and to a defendant who elects email notice.
The Court will utilize electronic mail as a way to send notices to all parties in a case. Notices will be sent to the Law Director by electronic mail. When an e-mail address is provided by defense counsel, the Court will send notice by that means. The defendant is given the opportunity to have notices sent by electronic mail at each hearing. If the defendant chooses to use electronic mail notices will be sent by that means.
Page 34 | RULE 35 — NOTIFICATION AS TO CASES SET FOR HEARING
Notice is sufficient if sent to the last known address listed in the case file.
Notices shall be deemed sufficient if sent to the last known address listed on the papers making up the file on the case.
Page 34 | RULE 35 — NOTIFICATION AS TO CASES SET FOR HEARING
Filing Fees and Waivers
A complaint in an original action may not be accepted unless the plaintiff first deposits the applicable amount with the Clerk as security for costs.
A) In original actions. No complaint in an original action may be accepted for filing in this Court unless the party bringing the action shall have first deposited with the Clerk of this Court the sum for the applicable cause of action according to the Court’s Appendix of Local Rules for Civil costs as security for the payment of the costs that may accrue in the action.
Page 7 | RULE 3 — PLEADINGS
A party who files a sworn affidavit of inability to prepay costs may have the complaint filed without the deposit.
B) Indigent Party. Provided, however, that if the party bringing the action makes and files with the clerk his/her sworn affidavit of inability to secure costs by such prepayment, the clerk shall, as appropriate, receive and file the complaint without such deposits.
Page 8 | RULE 3 — PLEADINGS
A civil jury demand must include a deposit for the first day’s jury cost, collected when the complaint or responsive pleading demanding a jury is filed; failure to deposit waives the jury trial, while the deposit is otherwise refunded at the case’s conclusion.
A demand for a civil jury trial shall be made as required by Civil Rule 38 and shall be accompanied by a deposit as security for the first day jury cost. Said sum shall be first collected at the time of the filing of the complaint or responsive pleading demanding said trial by jury. 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 10 | RULE 6 — JURY TRIAL AND DEMANDS
The papers must be accompanied by the garnishee’s fee required by Ohio Revised Code § 2715.111.
They will be accompanied by the proof of service of the demand required by Section 2715.02 Ohio Revised Code, and by the garnishee’s fee provided by Section 2715.111, Ohio Revised Code.
Page 25
After a judgment ordering the defendant to vacate, the bailiff may not proceed until a praecipe is filed with the Court and accompanied by the required deposit under the Court Costs Schedule.
When a judgment has been rendered ordering a defendant to vacate the premises, the bailiff shall not proceed until there is filed with the Court a praecipe requiring such action, and the praecipe shall be accompanied by a deposit in accordance with the Court’s Court Costs Schedule.
Page 27 | RULE 25
A small claim may be transferred to the regular docket upon filing the required motion and affidavit and paying the filing costs; transfer will not be granted until costs are paid.
Upon filing of motion and affidavit, as required by Ohio Revised Code 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 filing costs are paid.
Page 28 | RULE 27
A defendant who fails to comply must pay the jury fees and expenses caused by the jury demand unless the Court orders otherwise.
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 37 | RULE 39 — WAIVER OF JURY
Civil cases require a $750 jury deposit; failure to pay means no jury is summoned and waives jury trial, though a person determined indigent may petition for a waiver.
In civil cases, a jury deposit of seven hundred fifty 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.
Page 45 | RULE 50 — SUMMONING OR PROSPECTIVE JURORS
A $10 fee is charged upon filing each cause of civil action.
The Clerk of this Court is directed and hereby authorized to charge an additional fee of ten dollars ($10.00) upon the filing of each cause of civil action or
Page 50 | RULE 53 — FEES FOR COMPUTER RESEARCH AND SERVICES
A $25 fee is charged upon filing each cause or appeal.
The Clerk of Court is directed and hereby authorized to charge and collect an additional fee of twenty-five dollars ($25.00) upon the filing of each cause or appeal under ORC 1907.261.
Page 50 | RULE 53 — FEES FOR COMPUTER RESEARCH AND SERVICES
Court costs not covered by the filing deposit will be billed to the plaintiff when the case concludes.
Court costs not covered by the deposit required at the time of filing will be billed to the plaintiff at the conclusion of the case.
Page 51 | RULE 54 — COURT COSTS AND FEES
An additional $10 charge applies to each traffic or criminal charge filed in the Van Wert Municipal Court.
The Clerk of this Court is directed and hereby authorized to charge an additional ten dollars ($10.00) on each traffic and criminal charge filed in the Van Wert Municipal Court.
Page 51
A $25 charge applies to each wedding.
The Clerk is further directed and authorized to charge twenty-five dollars ($25.00) on each wedding.
Page 51
The party filing a civil action is responsible for court costs incurred during filing and while the case is pending.
All court costs incurred during the filing and pending activity of civil cases in Van Wert Municipal Court are the responsibility of the party filing the action.
Page 51 | RULE 54 — COURT COSTS AND FEES
Assessed fines and costs must be paid immediately after the case concludes, to the Clerk of Court.
In cases where a fine and costs are assessed, the payment will be made immediately after the conclusion of the case. All payments are to be made to the Clerk of Court of Van Wert Municipal Court.
Page 52 | RULE 55 — PAYMENT OF FINES
Civil filing fees are set by the attached civil deposit fee schedule.
Filing fees will be as per attached civil deposit fee schedule.
Page 52 | RULE 54 — COURT COSTS AND FEES
Payments must be applied first to court costs, second to probation fees, and third to fines and costs.
C) Payments upon a cause shall be applied first to court costs, second to probation fees, and third to fines and costs.
Page 52 | RULE 55 — PAYMENT OF FINES
Court fees not covered by the established deposit will be billed to the petitioner.
Any court fees that cannot be paid by the established deposit will be billed to the petitioner.
Page 52 | RULE 54 — COURT COSTS AND FEES
An action for money only, including a complaint, counterclaim, or cross complaint, has a $160 filing cost.
Action for Money only; Complaint, Counterclaim or Cross Complaint………………… $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A full-day witness fee is $12.
Full Day……………………………………………… $ 12.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Filing a certificate of judgment costs $15.
Filing Certificate of Judgment………………………………………………………………………….. $ 15.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Issuing execution costs $20.
Issuing Execution …………………………………………………………………………………………….. $ 20.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A cognovit judgment with execution or certificate costs $160.
Cognovit Judgment with Execution or Certificate …………………………………………… $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Filing a certificate of judgment with execution costs $50.
Filing Certificate of Judgement w/ Execution ………………………………………………….. $ 50.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Any other new action requiring a judge’s or magistrate’s signature costs $25.
Any other new action that requires a Judge or Magistrate Signature……………….. $ 25.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A wage garnishment costs $100.
Wage Garnishment …………………………………………………………………………………………. $ 100.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A motion requiring a judge’s or magistrate’s signature costs $25, including a motion for default.
Any Motions Requiring Judge or Magistrate Signature…………………………………….. $ 25.00 (i.e. Motion for Default)
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A jury demand costs $150.
Jury Demand……………………………………………………………………………………………………….. $ 150.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Issuing a certificate of judgment costs $30.
Issuing Certificate of Judgment …………………………………………………………………….. $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A half-day witness fee is $9, with mileage also applicable if the witness is from out of town.
Witness Fee (Plus Mileage if out of town) ½ Day….…………………………………………… $ 9.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Each additional defendant after the first two in a small claims action incurs a $30 cost.
Additional Defendants after two (2)……………………………………………………….. $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Small claims filing fees and costs are $110.
Small Claims (filing fees and costs)………………………………………………………………………. $ 110.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Filing an amended complaint costs $30.
Amended Complaint ……………………………………………………………………………………….. $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A case transcript to another court costs $10.
Case Transcript to another court …………………………………………………………………….. $ 10.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A motion to vacate judgment costs $25.
Motion to Vacate Judgment…………………………………………………………………………….. $ 25.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A cognovit judgment costs $160.
Cognovit Judgments ………………………………………………………………………………………… $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A forcible entry and/or detainer action within City limits costs $160.
Forcible Entry and/or Detainer (within City limits) …………………………………………….. $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A subpoena costs $10.
Subpoena Fee …………………………………………………………………………………………………. $ 10.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Pre-attachment of property costs $160.
Pre-Attachment of Property ……………………………………………………………………………… $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Requesting personal service costs $10.
Personal Service Requested…………………………………………………………………………………. $ 10.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Each additional defendant after the first two incurs a $30 cost for the listed money-only action.
Additional Defendants after two (2)……………………………………………………… $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Cases requiring service by publication incur an additional $200 cost.
Cases requiring service by Publication, an additional………………………………………… $ 200.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A certified copy of a judgment or pleading, or an exemplified copy, costs $5.
Certified copy of judgment or pleading/exemplified copy ………………………………. $ 5.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A bank garnishment costs $30, plus $1 paid to the Bank.
Bank Garnishment (Plus $1.00 paid to Bank) …………………………………………………… $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A trusteeship costs $160.
Trusteeship…………………………………………………………………………………………………………. $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Reissuing a summons by certified mail costs $10.
Reissuing summons by Certified Mail…………………………………………………………………... $ 10.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
All other cases have a listed cost of $160.
All Other Cases ………………………………………………………………………………………………… $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Additional defendants in a replevin action incur a $30 cost.
Additional Defendants…………………………………………………………………………… $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A replevin action costs $160.
Replevin …………………………………………………………………………………………………………….. $ 160.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A levy on a motor vehicle or tangible personal property costs $150.
Levy on a motor vehicle or tangible personal property ………………………………….. $ 150.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Reviving a judgment costs $30.
Reviving Judgement ……………………………………………………………………………………….. $ 30.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Security for costs in the amount listed for the action must be deposited with the Clerk before a Petition of Complaint is filed or notice is issued.
Before any Petition of Complaint may be filed or notice issued, security for costs shall be deposited with the Clerk in the amount indicated for the respective action.
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
A debtor’s examination costs $50.
Debtor’s Examination ………………………………………………………………………………………. $ 50.00
Page 56 | APPENDIX OF VAN WERT MUNICIPAL COURT LOCAL RULES — CIVIL
Court costs may be added to the judgment and reimbursed to the filing party when judgment monies are collected.
The total of all court costs may be added to the amount of the judgment rendered in the case and reimbursed to the filing party upon the collection of judgment monies.
Page 51 | RULE 54 — COURT COSTS AND FEES
The schedule of costs, security deposits, and filing fees for Van Wert Municipal Court cases is set by a separate court order.
The schedule of costs, security deposits, and filing fees for all cases in the Van Wert Municipal Court will be as set forth by separate order of this Court.
Page 12 | RULE 9 — COURT COSTS AND SECURITY DEPOSITS
No jury deposit is required in criminal cases.
In criminal cases, no deposit shall be required.
Page 45 | RULE 50 — SUMMONING OR PROSPECTIVE JURORS
Courtesy Copy Requirements
All parties must provide the Court three properly marked copies of exhibits before the hearing, or the Court may deny their use or introduction.
The Court requires all parties to provide three (3) copies of exhibits marked properly to the Court before the hearing; failure to do so could result in the Court denying the use/introduction of the exhibits.
Page 27
Pre-Motion Conference Requirements
Opposing counsel must answer motions within 14 days; motions are then 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 19 | RULE 2 — COURT SESSIONS, E) Motions
A motion is submitted on written briefs unless an oral hearing is requested; the request must be written, and opposing counsel must submit it within 7 days after receiving the motion, with notice of the request previously given to opposing counsel.
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 14 | RULE 3 — PLEADINGS
Adjournment & Extension Requirements
Continuance requests must be made by written motion, show good cause, include the requested date and reasons, and generally be made at least seven days before trial; requests made later are considered only in the stated circumstances.
Every request for a continuance shall be in written motion and will only be granted upon showing of good cause. All requests shall be served on the opposing counsel or the opposing party. The motion shall set forth the date from which a continuance is requested and reasons for the continuance. If a prior trial conflict 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. 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. It is suggested that counsel provide available dates to the Clerk.
Page 11 | RULE 8 — CONTINUANCES
A pre-trial conference continuance may be granted for good cause, but requires approval from the judge before whom it is scheduled.
Continuances of pre-trial conferences may be granted upon the showing of good cause, and no continuance shall be granted without approval of the judge before whom the pre-trial is scheduled.
Page 17
An application to continue a pre-trial conference must be addressed to the Judge.
Any application for continuance of the conference shall be addressed to the Judge.
Page 19 | RULE 2 — COURT SESSIONS, F) Pre-trial conferences
A continuance to a certain date will be granted only if necessity is demonstrated to the Court’s satisfaction.
All cases will be heard on the day assigned for pre-trial or trial, and continuance to a day certain will only be granted upon the demonstration to the satisfaction of the Court of the necessity for the continuance.
Page 21 | RULE 16 — ASSIGNMENT OF CASES
For trial-date conflicts, federal and common pleas court trials take priority; among municipal or county court cases, the case set first takes priority, and criminal trials take priority over civil trials; other continuance requests are within the trial court’s discretion.
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 first in time shall have priority. Criminal cases assigned for trial have priority over civil cases. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
Page 12 | RULE 8 — CONTINUANCES
A defendant unable to pay required fines and costs may orally request an extension of time to pay.
A) If the defendant is unable to pay the required find and costs he/she may made an oral request for an extension of time for payment.
Page 52 | RULE 55 — PAYMENT OF FINES
Chambers Communication Rules
Ex parte conversations with the Court are discouraged because they may appear improper.
{2} All attorneys, law enforcement officers, or any other interested party, are reminded that ex parte conversations with the Court may give the appearance of impropriety and are thus discouraged.
Page 4 | RULE 2 — COURT SESSIONS