Vermilion Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- An application for an extension must be filed at least one day before the filing is due, regardless of opposing counsel’s consent.
- A motion for continuance must be made at least fourteen days before the hearing.
Communication
Phone
Document Format Requirements8 rules
No electronic filing shall be made of a document which exceeds 8 ½" x 11" in size.
Every electronic transmission shall be legible and complete when received.
- Electronic transmission
Formatting
- •The electronic transmission must be legible and complete when received
Every document to be filed shall be transmitted in a format and manner that can be read or downloaded by the electronic equipment currently in use by the Court.
Each ticket must conform to the Ohio Uniform Traffic Ticket form, include its specified records and copies, and otherwise comply with the Ohio Traffic Rules.
Court's wording
Each ticket shall conform with the Ohio Uniform Traffic Ticket (UTT) in the Appendix of Forms to the Ohio Traffic Rules including the Court Record, Abstract of Court Record, Defendant's Copy and Agency Record. Each ticket shall otherwise conform with the Ohio Traffic Rules.
All other requests for continuance must be made in writing.
All pleas must be in person or in writing.
Anyone appearing by video must have and be able to use the necessary equipment, dress as for court, use an appropriate virtual background, and not conduct pretrial discussions while the judge is on the bench.
Formatting
- •Have an appropriate virtual background
Court's wording
Any person appearing by video at a court hearing shall: a. Have the necessary equipment and ability to use same. b. Dress appropriately as if appearing in court. c. Have an appropriate virtual background. d. Not attempt to conduct pre-trial discussions when the Judge is on the bench for a scheduled hearing. Pre-trial conferences are scheduled to occur before the hearings.
A final jury charge shall, whenever possible, be committed to writing, and shall be provided to the jury for its use during deliberation.
Document Filing Requirements46 rules
The transmitted document, once it is filed, shall be accepted as though it were the original. Neither the original nor duplicates shall be sent thereafter unless ordered by the Court. The person filing a document by electronic transmission shall retain the original document and shall provide it to the Court, upon request.
Electronic transmissions must include the listed identifying information, with fax transmissions placing it on a separate cover page; transmissions lacking it will not be accepted.
Court's wording
Each electronic transmission shall include all the following information in the transmission, except that in the event of a facsimile transfer all such information shall be included on a separate cover page: 1) The date of transmission 2) The name, telephone number, facsimile number and/or e-mail address of the originator of the document 3) The caption of the case 4) The case number, if assigned 5) The number of pages being transmitted Documents without this information shall not be accepted for filing.
Every document shall be legibly signed by the preparer of the document.
In the event a party desires recording by stenographic means, such party must arrange for the presence and payment of a court reporter and file a written motion and journal entry requesting that such individual be named as the official reporter for the hearing.
copies of foreign, federal and unreported decisions must be attached
Counsel’s entry of appearance must be written and include the specified identifying and contact information, or it may be refused or stricken.
Court's wording
All entries of appearance of counsel in an action shall be in writing and shall include counsel's name, Supreme Court number, mailing address, facsimile, and e-mail address. Any document that does not include this information may be refused by the clerk for filing or stricken by the Court.
In Motions to Suppress; the items to be suppressed shall be specified.
Once counsel has entered an appearance counsel may withdraw from a case only by written leave of court for good cause shown.
All motions shall be made in conformity with Crim R 12. All motions shall set forth clearly and specifically the grounds for the Motion and supporting citations
2. Upon representation that a party is indigent, such party shall file a written motion and affidavit setting forth his or her income and expenses, and the court shall rule upon the motion.
Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.
- Document
- Motion
Must include
- •Certificate of service
When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, counsel shall attach a copy of the notice received from the other court.
All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons for the continuance.
Any Motion or exception to be heard upon evidence shall so state and shall be accompanied by requisite affidavits.
Counsel filing any motion or exception shall file therewith a memorandum containing a short, concise statement of his position and the authorities supporting such contentions
An opposition must include a brief written statement and supporting citations; if facts not of record are at issue, it must also include copies of the opposing evidence.
Court's wording
Each party opposing the Motion may serve and file within fourteen (14) days after filing of the Motion, a brief written statement in opposition to the Motion with supporting citations of the authorities on which he relies. If the Motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence which he desires to submit in opposition to the Motion.
The moving party must serve and file with the motion a brief statement of reasons and supporting citations, plus copies of any supporting evidence needed for facts not of record.
Court's wording
The moving party shall serve and file with his Motion a brief written statement of reasons in support of the Motion with supporting citations of the authorities on which he relies. If the Motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence he desires to present in support of the Motion.
All pleadings and briefs containing references to statutes or regulations shall have attached thereto a copy of the statute or regulation.
Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and alternative findings, if any, in writing
Objections to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in • full to which objection is made.
When directed by the Court, favorable-party counsel must prepare a proper journal entry and submit it to opposing counsel.
Court's wording
When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil case shall, within ten (10) days unless the time be extended by the court, prepare a proper joumal entry and submit the same to counsel for the opposite party
When a request for findings of fact and conclusions of law is made, the judge shall direct the party making the written request to prepare, within seven (7) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.
Reply or additional briefs upon Motions and submissions may only be filed with leave of the court only upon a showing of the necessity therefore.
Notice: The applicant shall furnish a notice of the appointment to each creditor showing the amount owed said creditor and the amount of total indebtedness, together with an addressed, stamped envelope.
A trusteeship application must include a complete sworn statement of the specified creditor, earnings, residence, dependent, and demand information.
Court's wording
An application by a debtor for a trusteeship under Section 2329.70 of the Ohio Revised Code must contain a full and complete statement, under oath, setting forth the following; The names of the secured and unsecured creditors, their complete address, account numbers and amount due and owing to each. If the account is being administered by someone other than the creditor lists their name and complete address. The disposable amount of money earned in a thirty (30) day period by the applicant, as set forth in Section 2329.62 of the Ohio Revised Code, the usual day or days applicant receives his pay, his place of residence, the number of his dependents, their ages and relation to the applicant. The name of the person who made a demand upon him or her in accordance with section 1911.40 of the Ohio Revised Code and date of such demand.
4. Appointment: an order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approved by the judge.
Upon written notification identifying a pending bankruptcy proceeding and its case number, a journal entry in the specified form must be filed.
Court's wording
Upon written notification to the court of any pending bankruptcy proceeding and the bankruptcy case number affecting any litigant in this court, a journal entry shall be filed as follows: "Defendant having filed a petition in the U.S. Bankruptcy Court, the Bankruptcy Act establishes an automatic stay of proceedings against the debtor, in 11 U.S.C. 362(a). It is hereby ordered that the commencement or continuation of any action to obtain or enforce any judgment against the defendant/debtor or his property is hereby stayed until the bankruptcy case is closed ,dismissed, or a discharge granted or denied, or until defendant/debtor's property is no longer property of the bankruptcy estate or until the Bankruptcy Court grants relief from its stayi Clerk to send copy to counsel of record.
Sufficient copies of the order shall be filed for service upon such parties as are required to be served,
Said appeals and petitions are to be requested using the traffic case number
BMV suspension appeals and driving-privilege petitions must include the suspension notice, the petitioner's date of birth, and the driver's license number.
Court's wording
All appeals filed from suspensions imposed by the Bureau of Motor Vehicles or petitions for driving privilege from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: 1. Copy of BMV Suspension Notice 2. Petitioner's Date of Birth 3. Driver's License Number
Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.
Appointed counsel must complete an application for fees, obtain the Judge’s approval, and forward the certified application to the County Auditor for payment.
Court's wording
(D) Appointed counsel shall be compensated upon approval of an application for fees. In fixing the amount of compensation, the Court shall be guided by the resolution of the Lorain County Commissioners. The appointed counsel shall be responsible for completed the application for fees and having the same approved by the Judge. The Court shall certify the application and return it to counsel whose responsibility it will be to forward to the County Auditor for payment.
A party may obtain a copy of a recording by filing a request listing the case number and date of hearing and by providing a sealed flash/thumb drive.
- Document
- Recording copy request
Include
- •Case number
Prior to arraignment, Defendant's counsel may file a written appearance and a plea of not guilty pursuant to Crim. R. 10(B), except for those offenses listed in Local Rule 15(A) 4 below.
A person charged with a traffic offense that may be waived may enter a not guilty plea in writing, waive the right to speedy trial and request a pretrial.
All recommendations for withdrawal, reduction or dismissal of charges and the reasons therefore shall be made in open court by the Prosecuting Attorney or shall be specifically set forth in writing in the case file or in the Judgment Entry setting forth the plea.
Upon completion of the investigation, the probation department shall prepare a written report. Such report shall be made available for review by the prosecution and defense prior to sentencing.
In lieu of the initial appearance and except as otherwise provided in these Rules, an attorney may enter a plea in writing, provided the attorney waives the time for speedy trial, and requests that a pretrial be scheduled.
The Trustee may require proof of disposable earnings and exemption eligibility by affidavit or another means, at times the Trustee deems necessary.
Court's wording
Applicable: Sections 2329.63 thru 2329.71 of the Ohio Revised Code provide for exemptions and are based upon disposable earnings. The Trustee is hereby authorized to require proof of disposable earnings and eligibility for exemptions by affidavit or otherwise and at such times as he shall deem necessary.
Each party litigant shall be charged with the responsibility of providing the clerk with their own correct mailing address.
Satisfaction in whole or part of a Judgment may be entered on the docket by the attorney of record, attested to by the Clerk of Deputy Clerk, or by Journal Entry signed by the party or the attorney of record and approved by the Judge.
A jury summons must use readily understandable language 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.
Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral.
All requests for excuse, exemption or deferral must be made on the form provided, and shall be accompanied by appropriate documentation.
Motions, in general, shall be submitted and determined upon the motion and supporting documentation. Oral arguments may be permitted at the court's discretion on written request.
and may, in case of rejection, file objections thereto in writing with the court.
Filing & Service rules
Electronic Filing Rules
The Clerk must accept electronic transmissions, including email and facsimile, as an alternative filing method for the listed documents and others the Court determines.
The Clerk of the Vermilion Municipal Court shall accept for filing, electronic transmissions, including, but not limited to, e-mail and facsimile transfers, as an alternative method for filing of not guilty pleas, time waiver, notice of appearance, motion for continuance, affidavit in lieu of appearance, proof of insurance and letters from employers and other documents as determined by the Court.
Page 5 | Rule 12. Facsimile/Electronic Filing
The Judge or Clerk may waive or modify these electronic-transmission requirements within the discretion conferred by law.
These requirements may be waived or modified within the sole discretion conferred by law upon the Judge or Clerk of Vermilion Municipal Court.
Page 6 | Rule 12. Facsimile/Electronic Filing
The use and filing of a ticket produced by computer or other electronic means is authorized.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized.
Page 6 | Rule 12.1 Use of electronically produced ticket
The rule authorizes use and filing of electronically generated paper tickets, e-tickets, and paperless tickets.
This rule includes the use and filing of an electronically generated paper ticket and is intended to authorize an e-ticket or paperless ticket.
Page 6 | Rule 12.1 Use of electronically produced ticket
Filing Timing and Cure Windows
Noncompliant documents will not be accepted for filing unless prior arrangements have been made with the Court.
Documents that do not comply with all these requirements shall not be accepted for filing unless prior arrangements have been made with the court.
Page 5 | Rule 12. Facsimile/Electronic Filing
The Clerk must timestamp the received facsimile copy or hard copy of an email, and that timestamp constitutes the Clerk’s acceptance.
The Clerk of Vermilion Municipal Court shall also time stamp the facsimile copy received or the hard copy of the e-mail, which shall constitute "acceptance" by the Clerk.
Page 6 | Rule 12. Facsimile/Electronic Filing
The transmitting party is responsible for verifying that the document was accepted for filing.
The responsibility to verify that a document has been accepted for filing rests on the transmitting party.
Page 6 | Rule 12. Facsimile/Electronic Filing
Transmissions received on a weekend or legal holiday, or after 4:00 p.m. on a business day, are considered filed on the next business day.
Electronic transmissions received by the office of the Clerk of the Vermilion Municipal Court on a Saturday, Sunday, legal holiday, or after 4:00 p.m. on a business day shall be considered filed on the next business day.
Page 6 | Rule 12. Facsimile/Electronic Filing
The Clerk must not timestamp a document determined not to be fileable unless the Judge directs otherwise.
If the Clerk of Court determines that a document received by electronic transmission should not be filed for any reason, e.g. illegible, incomplete, or otherwise not in compliance with this Local Rule, the Clerk shall not time stamp the document, unless directed by the Judge.
Page 6 | Rule 12. Facsimile/Electronic Filing
The specified writing must be filed with the court before the initial-appearance date.
Such writing must be filed with the court prior to the date of the initial appearance.
Page 10 | Rule 15. Traffic/Criminal Division, B. Appearance of Defendant, 2
A motion to suppress must be filed by the earlier of 35 days after arraignment or 7 days before trial.
A Motion to Suppress shall be filed within thirty-five (35) days after arraignment or seven (7) days before trial, whichever is earlier, in accordance with Criminal Rule 12(D).
Page 10 | Rule 15. Traffic/Criminal Division, E. Pleadings and Motions
A motion for a telephone pretrial must be filed at least one week before the court hearing.
1. Motions for telephone pretrials shall be filed a minimum of one week prior to the court hearing.
Page 12 | Rule 17. Civil Division, B. Telephone Pretrials
Service must be completed within six months after filing or the case will be dismissed unless the court grants a good-cause extension.
Cases in which service is incomplete within six months of filing shall be dismissed by the Court unless the court grants an extension for good cause shown.
Page 15 | Rule 17. Civil Division—Pleadings
A continuance motion not ruled on by the hearing date is deemed denied.
A continuance that has not been ruled on by the date of the Hearing shall be considered denied.
Page 16 | Rule 17. Civil Division—Continuances
A motion directed to a pleading must be filed within the time allowed by the Rules of Civil Procedure unless the Court extends the time.
Unless time is extended by the Court, a Motion directed to any pleading shall be filed within the time allowed by the Rules of Civil Procedure.
Page 17 | J. Briefs other than Trial briefs
When directed by the Court, favorable-party counsel must prepare a proper journal entry within 10 days, unless time is extended, and submit it to opposing counsel.
When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil case shall, within ten (10) days unless the time be extended by the court, prepare a proper joumal entry and submit the same to counsel for the opposite party who shall approve or reject the same within seven (7) days after its receipt by him and may, in case of rejection, file objections thereto in writing with the court.
Page 18 | L. Journal Entries
Opposing counsel must approve or reject the proposed journal entry within 7 days after receiving it.
who shall approve or reject the same within seven (7) days after its receipt by him
Page 18 | L. Journal Entries
When findings are requested in writing, the requesting party must prepare proposed findings and conclusions within 7 days and submit them to opposing counsel.
When a request for findings of fact and conclusions of law is made, the judge shall direct the party making the written request to prepare, within seven (7) days, proposed finding of fact and conclusions of law and submit them to the opposing counsel.
Page 18 | L. Journal Entries
Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and alternative findings, if any, in writing
Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and alternative findings, if any, in writing
Page 18 | L. Journal Entries
A judgment entry under Ohio Civil Rule 58 must be journalized within 30 days of the verdict, decree, or decision; if counsel does not prepare and present it, the Court will do so.
The judgment entry specified in Ohio Civil Rule 58 shall be journalized within thirty (30) days of the verdict, decree or decision. If such entry is not prepared and presented for journalization by counsel, then it shall be prepared and journalized by the court.
Page 18 | L. Journal Entries
A Trusteeship that is inactive for six months shall be dismissed.
Any trusteeship that is inactive for six (6) months shall be dismissed.
Page 19 | M. Trusteeships
A Trusteeship in payment arrears for sixty days shall be dismissed.
6. Terminations: Any trusteeship that is in arrears for payment for sixty (60) days shall be dismissed.
Page 19 | M. Trusteeships
A creditor must answer within ten days after the Trustee mails the notice or be included in the Trusteeship for the stated amount.
The notices to be mailed by the Trustee with notice to the creditor to answer within ten (10) days of mailing, or they will be included in the Trusteeship in the amount stated.
Page 19 | M. Trusteeships
A case pending on the docket for six months without service of summons or service by publication shall be dismissed.
All cases pending for a period of six (6) months on the docket of the Court in which service of summons or service by publication has not been made, shall be dismissed by the Court.
Page 20 | P. Dismissals
A motion to transfer a small claims matter must be filed at least seven days before the scheduled hearing.
A motion to transfer a small claims matter to the regular civil docket shall be filed at least seven days before the scheduled hearing date.
Page 21 | U. Motions to transfer to the regular civil docket
Subpoenas must be filed at least seven days before the scheduled hearing.
All subpoenas must be filed seven days prior to the scheduled hearing date
Page 21 | T. Subpoenas
The Court will not entertain motions on the day of trial unless required to consider them by law or procedural 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 26 | 10. Jury Orientation
Unless good cause is shown, subpoena requests must be filed with the Clerk at least one week before trial for the Clerk to be required to issue subpoenas or the Bailiff to serve them.
Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor shall the Bailiff be required to serve the same, unless requests are filed with the Clerk at least one (1) week prior to the trial date.
Page 2 | Rule 5. Clerk of Court/Deputy Clerk/Bailiff
If the electronic transmission appears on its face to comply with the Local Rules it should be entered accordingly onto the docket.
If the electronic transmission appears on its face to comply with the Local Rules it should be entered accordingly onto the docket.
Page 6 | Rule 12. Facsimile/Electronic Filing
Counsel may file the specified written appearance and not-guilty plea before arraignment, subject to the stated offense exception.
Prior to arraignment, Defendant's counsel may file a written appearance and a plea of not guilty pursuant to Crim. R. 10(B), except for those offenses listed in Local Rule 15(A) 4 below.
Page 9 | Rule 15. Traffic/Criminal Division, A. Case Management, 2. Pleas
If speedy trial is not waived, the case will be set for trial.
If the right to a speedy trial has not been waived, the case will be set for trial.
Page 10 | Rule 15. Traffic/Criminal Division, B. Appearance of Defendant, 2
A party opposing a motion may serve and file a written opposition statement with supporting citations within 14 days after the motion is filed.
Each party opposing the Motion may serve and file within fourteen (14) days after filing of the Motion, a brief written statement in opposition to the Motion with supporting citations of the authorities on which he relies.
Page 17 | K. Hearings and Submission of Motion, Objections to Interrogatories
Opposing counsel may file an answer brief or memorandum within 14 days after receiving a copy of the motion or exception.
Opposing counsel may, within fourteen (14) days after receiving a copy of such Motion, or exception, file an answer brief or memorandum.
Page 17 | J. Briefs other than Trial briefs
A party may move to amend or add findings within 10 days after the findings are filed.
Upon motion of a party made within ten (10) days after the filing of the findings, the Court may amend the findings, make additional findings and may amend the judgment accordingly.
Page 18 | L. Journal Entries
For computing time, the 90 days following judgment are within term; time after that is after term.
There shall be no term in these Municipal Courts, but for the purpose of computing time, ninety (90) days following judgment shall be considered within term and time thereafter shall be considered after term.
Page 21 | Q. Term
Unresolved trial issues must be brought to the Court before orientation is complete.
All unresolved trial issues must be brought to the attention of the Court before the completion of orientation.
Page 26 | 10. Jury Orientation
Service and Proof of Service Rules
An electronic filing must contain proof of service when applicable.
Every electronic filing shall contain a proof of service when applicable.
Page 5 | Rule 12. Facsimile/Electronic Filing
The issuing officer must serve the defendant with a paper copy of the ticket as required by Traffic Rule 3(F).
The issuing officer shall serve the defendant with a paper copy of the ticket as required by Traffic Rule 3(F).
Page 6 | Rule 12.1 Use of electronically produced ticket
If a transmitted document is rejected, the transmitting attorney or party must promptly notify everyone served with a copy that it was not accepted.
If a document presented for filing is rejected, the attorney or party who transmitted the document for filing shall promptly notify all parties served with a copy of the document that the document was not accepted for filing.
Page 6 | Rule 12. Facsimile/Electronic Filing
A written motion to withdraw must be served on the client and, if applicable, opposing counsel.
A copy of the written Motion to Withdraw shall be served upon the client and opposing counsel if applicable.
Page 9 | Rule 13. Appearance/Withdrawal of Counsel
After counsel appears, court-filed documents and court entries must be served on designated counsel using the provided contact information.
Upon the entry of appearance of counsel, all documents filed with the court and entries of the court shall be served upon the designated counsel using the information provided.
Page 9 | Rule 13. Appearance/Withdrawal of Counsel
Notice of a pretrial conference must be given to unrepresented parties and counsel of record by mail, email, and/or telephone at least 14 days beforehand, unless that is not practicable.
2. Notice of the pretrial conference shall be given to all unrepresented parties and counsel of record by mail, email and/or by telephone not less than fourteen (14) days prior to the conference unless not practicable.
Page 11 | Rule 17. Civil Division, A. Pretrial Procedure
When the Clerk is to provide service, sufficient copies must be delivered with the filing; otherwise, the Clerk may decline service or charge a reasonable copying fee.
Where service is requested or required by the Clerk, sufficient copies shall be delivered to the Clerk with the filing or the Clerk may either decline to process service or require payment of a reasonable fee to copy the documents).
Page 15 | Rule 17. Civil Division—Pleadings
Pleadings must be prepared, served, and filed in accordance with the Ohio Rules of Civil Procedure.
Pleadings shall be prepared, served and filed in accordance with the Ohio Rules of Civil Procedure.
Page 15 | Rule 17. Civil Division—Pleadings
Motions must be prepared, served, and filed in accordance with the Ohio Rules of Civil Procedure.
Motions shall be prepared, served and filed in accordance with the Ohio Rules of Civil Procedure.
Page 16 | Rule 17. Civil Division—Motions
An opposing party who files an opposition must serve it and any required supporting evidence.
Each party opposing the Motion may serve and file within fourteen (14) days after filing of the Motion, a brief written statement in opposition to the Motion with supporting citations of the authorities on which he relies. If the Motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence which he desires to submit in opposition to the Motion.
Page 17 | K. Hearings and Submission of Motion, Objections to Interrogatories
The moving party must serve the supporting statement and, when needed, copies of supporting evidence with the motion.
The moving party shall serve and file with his Motion a brief written statement of reasons in support of the Motion with supporting citations of the authorities on which he relies. If the Motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence he desires to present in support of the Motion.
Page 17 | K. Hearings and Submission of Motion, Objections to Interrogatories
A true copy of the memorandum must be served forthwith on opposing counsel and any unrepresented party.
and a true copy of it shall be served forthwith upon each opposing counsel and each party not represented by counsel.
Page 17 | J. Briefs other than Trial briefs
Copies of the answer brief or memorandum must be furnished and served as provided in the rule.
Copies thereof shall be furnished and served as provided in this rule.
Page 17 | J. Briefs other than Trial briefs
The Trustee mails the notices to creditors, who must answer within ten days of mailing or be included in the Trusteeship for the stated amount.
The notices to be mailed by the Trustee with notice to the creditor to answer within ten (10) days of mailing, or they will be included in the Trusteeship in the amount stated.
Page 19 | M. Trusteeships
Written notice of the pretrial hearing date shall be provided to the defendant and counsel, if present, prior to leaving the courthouse, or if not present, by mail or email.
Written notice of the pretrial hearing date shall be provided to the defendant and counsel, if present, prior to leaving the courthouse, or if not present, by mail or email.
Page 9 | Rule 15. Traffic/Criminal Division, C. Pretrial Conferences
If no settlement is reached, the judge may assign another pretrial or trial date by journal entry, which the clerk must deliver to each attorney and unrepresented party as sufficient notice.
At the pretrial conference, if no settlement has been reached, the judge may, by journal entry, assign another pretrial date or a trial date and the clerk shall give a copy of the entry to each attorney and party without counsel. Delivery of the copy shall constitute sufficient notice so that further notice under local Rule 17(A)2 shall be unnecessary.
Page 15 | Rule 17. Civil Division—Pretrial Objectives
An omitted creditor may be added to the Trusteeship on motion, with notice to the other party.
If a debtor fails, through mistake or otherwise, to list a creditor, said creditor or debtor, upon motion to the court, with notice to the other party, may be listed in the trusteeship.
Page 19 | M. Trusteeships
In the stated forcible-entry-and-detainer circumstance, regular mail of the hearing date to the defendant's last known address is sufficient service and notice unless the court has been notified in writing of a new address.
In the event a forcible entry and detainer entry is issued causing the defendant to be removed from their residence, it will be deemed sufficient service and adequate notice for the Clerk to mail, by regular mail to the defendant, date of hearing to last known address notwithstanding the fact that said litigant does not reside at that address, unless the court is notified in writing of their new address.
Page 20 | O. Notification prior to default judgment for appearing parties
The Clerk accepts Civil Rule 4.1 service methods, including virtual service using certified mail technology; virtual service remains subject to the Civil Rules.
The Clerk of the Vermilion Municipal Court shall accept service of process methods as contained in Civil Rule 4.1 Process: methods of service, which methods shall include"virtual" service of process utilizing advanced postal technology for service by certified mail. This advanced postal technology does not modify Civil Rule 4.1(1) Service by Certified Mail, but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing facsimile copies to show to whom the mail was delivered, the date of delivery and address where delivered, all in accordance with the Civil Rules. All service of process of complaints or other documents served with virtual service of
Page 21 | V. Service of Process
Virtual service may be reviewed or challenged under Civil Rule 4.1, and confirmation is available through the Clerk's office.
process are subject to review and/or challenge as further provided for in Civil Rule 4.1, with confirmation of service of process being made available through the Clerk's office.
Page 22 | V. Service of Process
Juror notices must be served by U.S. mail or given to the Bailiff for service.
A notice shall then be issued, directed to each name on the venire, each notice shall be placed in an envelope of the Court, the label ballot affixed to the outside of the envelope, and placed in the U.S. mail for service or given to the Bailiff of the Court for service.
Page 24 | 3. Summoning Jurors
Prospective jurors must be notified of jury service by a summons sent through regular mail.
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 25 | Rule 21. Jury Management Plan
If service fails, the Clerk must send notice to the filing party.
In the event of failure of service, the Clerk shall send notice to the filing party.
Page 15 | Rule 17. Civil Division—Pleadings
Filing Fees and Waivers
A required filing fee must be paid before electronic transmission; payment may be by credit card online or by phone for traffic/criminal matters, or by check for civil matters.
No document requiring a filing fee may be filed by electronic transmission unless the filer has paid the fee prior to transmission. Such fee may be paid by credit card either on-line or by phone (traffic/criminal) or by check (civil).
Page 5 | Rule 12. Facsimile/Electronic Filing
The required filing fee must be deposited before an action or proceeding is accepted for filing, but the Judge may waive it after an indigency application is completed, reviewed, and approved.
No action or proceeding shall be accepted for filing by the Clerk of Court unless there first shall be deposited the filing fee required by this court in its latest revised schedule of costs. Upon the completion of an application of indigency and review and approval by the Judge, the fee may be waived.
Page 6 | Rule 9. Court Costs/Filing Fees
The party demanding a civil jury trial must promptly deposit an amount the Court considers reasonable as security for costs, with a minimum deposit of $500; jury-summoning costs and juror fees are apportioned to the proceeding and taxed as court costs.
When a jury trial in a civil case is demanded, the party demanding same shall be forthwith required to make an advance deposit as security for costs in such sum as the Court determines to be reasonable. The cost of summoning jurors and the fees of jurors shall be apportioned to the respective proceeding and shall be taxed as part of the Court costs. The minimum deposit for a jury trial shall be $500.00.
Page 6 | Rule 9. Court Costs/Filing Fees
A fee is charged for continuances.
There shall be a fee for continuances.
Page 9 | Rule 15. Traffic/Criminal Division, C. Pretrial Conferences
A fee will be charged for a continuance request.
A fee will be charged.
Page 9 | Rule 15. Traffic/Criminal Division, A. Case Management, 3. Continuances
An action or proceeding generally cannot be accepted for filing until the scheduled filing fee is deposited; the court may waive the deposit for a public entity, which must promptly pay any costs later assessed against it.
1. Except as hereinafter provided no action or proceeding shall be accepted for filing by the Clerk of Court unless there is first deposited the filing fee set forth in the schedule of costs established from time to time by the court. The court in its discretion may waive the deposit otherwise required for filings made by a public entity, provided that in the event costs are assessed against the entity upon conclusion of the case that the entity shall promptly pay any costs so assessed.
Page 12 | Rule 17. Civil Division, D. Security for costs/deposit for Civil jury trial
A party demanding a civil jury trial must tender the required deposit with the pleading containing the demand; otherwise, the jury demand is waived.
When a jury trial in a civil case is demanded, the party requesting it shall tender the required deposit with the filing of the pleading that contains the jury demand. If the deposit is not timely made, the jury demand will be waived and the case will proceed as a trial before the court. See Rule 9.
Page 15 | Rule 17. Civil Division
Applicable fees must accompany an order filed in a proceeding in aid of execution.
the applicable fees shall accompany the order.
Page 21 | R. Proceedings in Aid
The filing fee and witness fees for a subpoena must be paid when it is filed.
with the filing fee and witness fees paid at the time of filing.
Page 21 | T. Subpoenas
The person filing an appeal or petition must pay the court cost for filing it.
the person filing the request shall pay the court cost for filing it with the Appeal or Petition filing
Page 22 | X. License Suspension Appeals/Petitions for Driving Privileges
A satisfaction cannot be entered on the docket until all court costs are paid.
No satisfaction shall be entered on the docket unless and until all court costs have been paid.
Page 22 | W. Satisfactions
A civil jury demand must include a $500 deposit or no jury will be summoned and the jury-trial right is waived; a person determined indigent may petition for a waiver.
In civil cases, if a jury demand is made a deposit of $500.00 shall accompany said demand. 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 25 | Rule 21. Jury Management Plan
Jury-summoning costs are assessed against the party requesting trial; if the case settles on the trial date, all jury costs are assessed against the party who requested the jury.
Those costs associated with the summoning of a jury shall be assessed against the party requesting the trial. If a trial is settled on the day of trial, all jury costs shall be assessed against the party who requested the jury.
Page 26 | Rule 21. Jury Management Plan
A $25 non-refundable application fee must be paid before appointment, may in certain instances be added to case costs, and may be waived by judicial order.
1. A non-refundable twenty-five dollar ($25.00) application fee shall be paid prior to any court appointment being made. 2. In certain instances this fee may be added to the court costs of the applicable case. 3. This fee may be waived by Order of the Judge.
Page 30 | Rule 23. Court Appointed Counsel
Deposits and advance payments of fees and costs may be returned only by court order and only if paid by the party against whom they were assessed.
Deposits and advance payments of fees and costs shall be returned only by Order of the court, and only when the same have been paid by the party against whom they are assessed by the Court.
Page 6 | Rule 9. Court Costs/Filing Fees
Copies of court documents are provided upon written request at a cost determined by the Clerk as permitted by law.
Upon written request, copies of documents will be provided at a cost as may be determined by the Clerk as permitted by law.
Page 6 | Rule 10. File Management
If a civil case is settled or dismissed before trial and not all jurors can be notified, the party who demanded a jury must pay any juror fees.
In the event a civil case is settled or dismissed prior to trial the Clerk shall make a reasonable effort to notify jurors. In the event it is not possible to notify all jurors of such cancellation, the party who filed a jury demand shall bear the cost of any juror fees.
Page 6 | Rule 9. Court Costs/Filing Fees
If a judgment for costs against a party appears unsatisfied, the clerk may refuse to accept a new action or proceeding filed by or for that party until the costs are paid in full, unless the court orders otherwise.
3. When a judgment for costs against a party appears unsatisfied, the clerk may refuse to accept for filing any new action or proceeding instituted by or on behalf of such party (unless otherwise ordered by the court) until the party satisfies the unpaid costs in full.
Page 12 | Rule 17. Civil Division, D. Security for costs/deposit for Civil jury trial
Where service is requested or required by the Clerk, sufficient copies shall be delivered to the Clerk with the filing or the Clerk may either decline to process service or require payment of a reasonable fee to copy the documents).
Where service is requested or required by the Clerk, sufficient copies shall be delivered to the Clerk with the filing or the Clerk may either decline to process service or require payment of a reasonable fee to copy the documents).
Page 15 | Rule 17. Civil Division—Pleadings
No deposit is required for a criminal-case jury demand.
In criminal cases, no deposit shall be required.
Page 26 | Rule 21. Jury Management Plan
Adjournment & Extension Requirements
A continuance requested before the hearing date must be requested in writing unless the court waives that requirement.
In cases where a continuance is requested prior to the hearing date such request shall be made in writing unless the court waives said requirement.
Page 9 | Rule 15. Traffic/Criminal Division, C. Pretrial Conferences
A continuance will not be granted when mandatory time limits may affect later hearing scheduling and no time waiver has been signed.
In instances where mandatory time limits may create an issue for subsequent hearing scheduling and a time waiver has not been signed a continuance will not be granted.
Page 9 | Rule 15. Traffic/Criminal Division, A. Case Management, 3. Continuances
An attorney unable to appear for a court hearing must provide substitute counsel or obtain a continuance.
It is the attorney's responsibility to provide substitute counsel or to obtain a continuance if unable to appear for a Court Hearing.
Page 9 | Rule 14. Non-appearance of counsel at pretrial, preliminary hearing or trial
An application to continue a pretrial must be filed in writing before the pretrial.
2. Any application for continuance of the pretrial shall be filed in writing prior to the pretrial.
Page 11 | Rule 17. Civil Division, A. Pretrial Procedure
A motion for continuance must be made at least fourteen days before the hearing.
Said motion shall be made no less than fourteen (14) days prior to the Hearing date.
Page 16 | Rule 17. Civil Division—Continuances
After the first extension, leave to move or plead requires court approval, notice to the opposing party or counsel, and good cause; opposing counsel’s consent alone is insufficient.
Any leave to move or plead thereafter may be had only with the approval of the court, with notice to the opposing party or counsel, and for good cause shown. Consent of counsel maybe filed as a journal entry in the case. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause.
Page 16 | Rule 17. Civil Division—Leaves to Move or Plead
A continuance requires reasonable notice to or consent from the other party or counsel, unless the court finds good cause makes it necessary.
Continuances shall not be granted without reasonable notice or consent of the other party(s) or their counsel unless the court determines a continuance is necessary for good cause shown.
Page 16 | Rule 17. Civil Division—Continuances
An application for an extension must be filed at least one day before the filing is due, regardless of opposing counsel’s consent.
Applications for extensions of time, regardless of consent of opposing counsel must be filed at least one day prior to the date the filing is due.
Page 16 | Rule 17. Civil Division—Leaves to Move or Plead
Filing a continuance motion does not ensure approval, and counsel or the defendant must verify whether the judge granted it.
The filing of a motion for continuance does not guarantee that it is granted. It is the responsibility of counsel or the defendant to verify that the continuance was granted by the Judge.
Page 9 | Rule 15. Traffic/Criminal Division, A. Case Management, 3. Continuances
A requested arraignment continuance may be granted at the judge’s discretion.
In cases where a continuance is requested, the arraignment may be continued at the discretion of the Judge.
Page 9 | Rule 15. Traffic/Criminal Division, A. Case Management, 3. Continuances
The court may extend the service-completion period for good cause.
Cases in which service is incomplete within six months of filing shall be dismissed by the Court unless the court grants an extension for good cause shown.
Page 15 | Rule 17. Civil Division—Pleadings
The court may grant a properly submitted continuance motion in its discretion upon a showing of good cause.
Motions for continuance, when submitted in accordance with this rule, may be granted in the discretion of the court for good cause shown.
Page 16 | Rule 17. Civil Division—Continuances
Except in forcible-entry-and-detainer actions, one extension may be obtained by applying to the court without notice; the excerpt cuts off after stating a limit of “thirty.”
Except in actions for forcible entry and detainer, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the court and without notice for a period not exceeding thirty
Page 16 | Rule 17. Civil Division—Leaves to Move or Plead
Chambers Communication Rules
The filer must verify with the Court that a telephone-pretrial motion was granted; if it was not granted, the parties must appear.
2. It is the responsibility of the filer to verify with the Court that the motion has been granted. If it is not granted the parties must appear.
Page 12 | Rule 17. Civil Division, B. Telephone Pretrials
If a telephone-pretrial motion is granted, the filer must notify the other party of the right to appear by telephone and initiate a call joining all parties and the Court at the hearing time.
3. If the motion is granted it is the responsibility of the filer to notify the other party of the right to appear by telephone and to initiate the call and join all parties, including the Court, by telephone at the time of the telephone hearing.
Page 12 | Rule 17. Civil Division, B. Telephone Pretrials
Judge-jury panel communications 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 communication and shall be given the opportunity to be heard.
Page 29 | Rule 21. Jury Management Plan
Counsel, parties, and witnesses must not have unauthorized contact with jurors.
Under no circumstances shall counsel, a party, or other witnesses, have any unauthorized contact with jurors.
Page 29 | Rule 21. Jury Management Plan
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 29 | Rule 21. Jury Management Plan
An attorney must promptly notify the Court of any change of address or phone number.
The attorney shall inform the Court promptly of a change of address or phone number.
Page 30 | Rule 23. Court Appointed Counsel
An attorney on the appointment list must maintain a working phone with an assistant or voicemail to respond to calls from the Court or clients.
The attorney shall have a working phone with an assistant and/or voicemail to be able to respond to calls from the Court or clients.
Page 30 | Rule 23. Court Appointed Counsel
A party or counsel who anticipates that a motion hearing will exceed one hour must notify the court so adequate time can be scheduled.
In any case where a party or counsel anticipates that a Motion Hearing will require more than one hour, it is the responsibility of the party or counsel to notify the court so that adequate time can be scheduled.
Page 9 | Rule 15. Traffic/Criminal Division, E. Pleadings and Motions
The Clerk must contact counsel or the parties, as appropriate, at least two weeks before the scheduled trial date.
The Clerk shall contact counsel, or the parties, whichever is appropriate, at least two weeks prior to the scheduled trial date.
Page 26 | Rule 21. Jury Management Plan
The Clerk’s office is open to the public during the stated hours, except on legal holidays or at other times designated by the Court.
The office of the Clerk shall be open to the public from 8:00 a.m. until 4:00 p.m. Monday, Tuesday, Wednesday and Friday; on Thursday from 8:00 a.m. until the business of the Court is concluded on that day, legal holidays excepted and such other times as the Court of the City of Vermilion may designate.
Page 1 | Rule 2. Hours of regular operation
A request to continue an arraignment may be made by telephone.
Requests for continuances of arraignments may be made by telephone.
Page 9 | Rule 15. Traffic/Criminal Division, A. Case Management, 3. Continuances