Willoughby Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance requires a written motion showing good cause.
- Before seeking a continuance, the moving party must discuss it with opposing counsel or parties, state the other side’s position and the reason, attach any conflicting trial notice relied on, and propose at least two alternative dates agreeable to the court and all parties.
- A defendant may request a reasonable continuance of the initial arraignment by written motion or by appearing in court at arraignment.
- +2 more
Request must include
- A continuance motion in a civil case must be filed at least seven business days before trial or hearing; the deadline may be waived in an unforeseen emergency.
- A continuance requires a written motion showing good cause, filed at least seven calendar days before the hearing, trial, or mediation; the timing requirement may be waived for an unforeseen emergency.
Page & Word Limits1 rule
J. LENGTH OF DOCUMENT – Facsimile or email (when available-check with court) filings shall not exceed 10 pages in length.
- Facsimile or email filing
- Up to 10 pages
Document Format Requirements6 rules
Documents must be submitted in PDF.
- File type
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
All motions must be in writing, on 8 1/2 x 11 paper, with no backing, and served on opposing counsel / pro se litigant.
- Paper size
- Letter
- Motion
Formatting
- •Motions must be in writing
- •Motions must have no backing
5. If the filing party or attorney elects to file the document electronically the signatories shall be indicated as, e.g., /Jane Doe/, /John Smith/, etc.
Any public record request that seeks information in electronic format will be delivered in PDF format, if possible, or by any means the Court may choose or is capable of providing.
- File type
Plaintiff is to mark its exhibits with numbers and the defendant is to mark its exhibits with letters.
Document Filing Requirements60 rules
The written order of the judge in these matters, pursuant to Sup.R. 12, shall be made part of the record of proceedings.
Except for pro se litigants, attorneys must identify themselves as trial counsel on every filing and include their signature, name, email, office address and ZIP code, office telephone number, and Ohio Supreme Court Certificate of Registration number; a law firm may not be designated as trial counsel.
Court's wording
A. APPEARANCE: Attorneys practicing before this Court (except for pro se litigants) shall designate their capacity as trial counsel on all pleadings, motions, petitions, etc. filed in this Court. All such documents shall bear, in addition to the signature of trial counsel, counsel's name, email address, office address and zip code, office telephone number, as well as the number of counsel's Ohio Supreme Court Certificate of Registration, as provided by Ohio Gov. Bar R. VI, § 4. A law firm shall not be designated as trial counsel.
An attorney not admitted in Ohio may appear for another only with judicial permission; the written motion must attach the Ohio Supreme Court pro hac vice registration certificate, certify admission in another state’s highest court or the D.C. court and nonresidency in Ohio, and be cosigned by an Ohio-admitted, registered attorney.
Court's wording
B. PRO HAC VICE: An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in court without the permission of the judge or magistrate. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.
If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.
C. WITHDRAWAL: Once an appearance is made, an attorney may withdraw from a case only with leave of court. Withdrawal shall be permitted only by written motion filed with the court. The motion shall include (1) the specific reasons for requesting withdrawal, (2) the name and address of a substitute attorney, if any, and (3) proof of notification to the opposing attorney and to the client.
in which case the magistrate shall file an interim report setting forth the reasons for the delay.
All motions shall be in writing
Every filed pleading, motion, brief, or other paper must identify its preparing attorney, if any, and provide the specified contact and registration information.
Court's wording
Every pleading, motion, brief or other paper filed in a case shall bear the name of the individual attorney, if any, who prepared such document, together with identifying information, attorney’s name and registration number, mailing address, phone number and email address.
A jury demand must be made under the applicable civil or criminal rule and be in writing, either as a separate instrument or by prominent endorsement in a pleading’s caption.
- Document
- Jury demand
- Placement
- Caption
Court's wording
Any party desiring a jury trial in a civil case must demand the same in accordance with Civ.R. 38. Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Crim. R. 23. The jury demand must be in writing either by separate instrument or by prominent endorsement in the caption of a pleading.
All motions shall include a proposed Journal Entry.
A proposed Journal Entry shall be submitted with the motion.
A fax filing must include a cover page with the listed court, filer, case, document, transmission, page-count, and applicable cost-submission information.
- Document
- Fax filing
Must include
- •Judge name
- •Case number
Court's wording
The person filing a document by fax shall also include a cover page containing all of the following information: name of the court name, title, telephone number, fax number, and e-mail address of person filing the fax document; title of the case; case number; title of the document being filed (e.g., Defendant Johns’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); name of the judge; date of fax transmission; indication of the number of pages included in the transmission, including the cover page; if applicable, a statement explaining how costs are being submitted
A signed source document filed by fax must be sent either with its signature or without the signature but with “/s/” and the signer's name where the signature would appear.
Court's wording
A party who wishes to file a signed source document by fax shall either: Fax a copy of the signed source document; or Fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
A separately filed missing exhibit must have a cover sheet with the listed case and exhibit information and must be signed and served under the rules for pleadings.
- Document
- Separately filed exhibit
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Willoughby’s Notice of Filing Exhibit ‘G’ to Plaintiff Willoughby’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or, by a party not represented by an attorney.
A pleading or other document requiring an attorney's signature shall be signed in the following manner if filed electronically: "/(attorney name)/." The correct format for an attorney signature is as follows:
- Document
- Electronically filed pleading or document
- Placement
- Signature block
Must include
- •/(attorney name)/
a. The filing party or attorney shall initially confirm that the content of the document is acceptable to all persons required to sign the document.
1. All attorneys, at the time of filing a motion, must submit with that motion a separate filing of a proposed journal entry granting the motion and setting forth the requested relief.
b. The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.
2. The motion shall be docketed prior to submitting the proposed journal entry to the judge, and the proposed journal entry shall contain, by reference, the case number of the case
- Document
- Proposed journal entry
Must include
- •Case number
All requests for transcripts of any court proceeding shall be in writing via motion and filed with the Clerk.
If movant or movant’s counsel wants a particular reporting firm appointed to transcribe a recording, a motion seeking such appointment must be made.
The Clerk of Willoughby Municipal Court shall require the filing of a written complaint or uniform traffic ticket before placing an individual's name on the traffic / criminal docket.
A not-guilty plea letter must be sent by retained or court-appointed counsel with a waiver of time and must include the specified counsel information, trial-right waivers or demand, and the defendant’s position on a magistrate; an unaddressed jury-trial right is waived.
Court's wording
B. Not Guilty Plea by Letter: A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment provided that the letter is sent by retained or court appointed counsel and there is a waiver of time. The letter shall include counsel’s name, email address, office address and zip code, office telephone number, and counsel’s Ohio Supreme Court Certificate of Registration Number. The letter shall waive the defendant’s right to a speedy trial, demand or waive the defendant’s right to a jury trial if the offense is one that provides a right to a jury trial and indicate if the defendant is willing to have his case heard by a magistrate. If right to a jury trial is not addressed, that right is waived pursuant to Crim.R. 23.
B. The trial will be set before a judge unless the defendant files a timely jury demand in writing, or is otherwise accorded the right to jury trial by law.
The prosecutor shall on the record indicate the victim requested notice and confirm if notice was provided.
The prosecutor shall state in open court on all negotiated criminal cases, the underlying agreement upon which the plea is based.
Counsel shall submit to the Court, seven (7) full days in advance of trial, proposed instructions for all charges, specifications and affirmative defenses.
A brief is required for all offenses where jail may be imposed.
A Journal Entry shall reflect assignment to the program.
Defendants shall sign a program agreement.
The Probation Officer must complete a DUS checklist identifying the defendant’s BMV problems, restoration tasks and costs, and other pending or unpaid traffic matters.
Court's wording
A DUS checklist form shall be completed by the Probation Officer. The checklist shall identify the specific problems the defendant has with the Bureau of Motor Vehicles (BMV) and the specific tasks and financial costs necessary to restore driving privileges. In addition, all other pending or unpaid traffic matters will be identified on this form.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Upon assignment of a civil case to an individual judge, pleadings, motions and other pertinent documents shall be filed with the Clerk of Court.
All motions must be accompanied by a written memorandum containing argument and citations and a proposed journal entry/order
For cases based on an account, the account statement must be submitted, along with proof by affidavit or testimony that no subsequent payments have been made on the account.
It is the responsibility of counsel to prepare a proposed journal entry.
Proof of damages must be submitted to the Court by affidavit or testimony.
The plaintiff must submit an affidavit stating whether the defendant is in military service and supporting facts; if that cannot be determined, the affidavit must say so.
Court's wording
For any case, the plaintiff must provide an affidavit stating whether or not the defendant is in military service and showing necessary facts to support the affidavit. If the plaintiff is unable to determine whether or not the defendant is in military service, the affidavit must state that the plaintiff is unable to determine whether or not the defendant is in military service.
All motions submitted to the Court shall be accompanied by proposed journal entries,
A complaint in Forcible Entry and Detainer shall be filed and shall contain a reason for the eviction, a copy of the notice under R.C.1923.04, and a copy of the written instrument upon which the claim is founded.
Plaintiff must file a Praecipe for a Writ of Restitution from the Clerk;
When the plaintiff is a corporation, the complaint must be signed and prosecuted by an attorney.
a. The party seeking to have the record sealed must file a written motion, even if the landlord agreed to the sealing on a settlement agreement or agreed judgment entry. The motion must be accompanied by an affidavit attesting to all relevant facts.
A party seeking to unseal an eviction record may file a motion that states good cause in the motion and an attached affidavit or brief.
Court's wording
7. A party to the original action may file a motion seeking to unseal the eviction record, setting forth in the motion and attached affidavit or brief good cause why the record should be unsealed. Such good cause may include, for example, that the original movant was not truthful in the motion to seal, or that the sealing was procured through fraud.
A party filing a counterclaim, crossclaim, or third-party complaint exceeding the Court’s monetary jurisdiction must also file a motion to certify the case to the Court of Common Pleas.
Court's wording
C. CERTIFICATION TO COMMON PLEAS COURT: It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the Court to also file a motion to certify the case to the Court of Common Pleas. The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court. Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civ.R. 41(B).
Unless good cause is shown, a motion to transfer to the regular docket shall accompany all timely, written counterclaims and crossclaims in excess of $6,000.00 (or the jurisdictional limit) and shall be transferred to the regular docket.
A small claims action is commenced by filing a small claims complaint pursuant to R.C. 1925.04.
A jury demand shall not be allowed in a case filed in the Small Claims Division unless accompanied by a proper and timely motion to transfer to the regular docket.
A trusteeship applicant must submit a creditor's legal 15-day notice received within 30 days before filing the application.
Court's wording
At the time of application, the applicant shall submit to the court a legal fifteen (15) day notice received from a creditor listed in his application within thirty (30) days prior to filing of trusteeship application.
A. APPLICATION: The attorney must submit a complete application which can be found at https://www.willoughbycourt.com/. Said list will be reviewed by the Judge on a regular basis.
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
There shall be no "Answer Day" or "Call Day" as the term is used in other civil cases, and the trial date shall be set forth in the summons.
Noncompliance with this rule may result in dismissal of the complaint.
Upon the granting of the motion, plaintiff may file a writ Praecipe for a Writ and the Bailiff will schedule a move-out.
At every pay day after the trusteeship is established, the debtor shall appear and show his or her pay stub to a deputy clerk, as trustee
At the time of application, the debtor shall disclose to the Clerk his or her pay day, and whether it is weekly, bi-weekly, semi-monthly or monthly.
Pay direct to any secured creditor (holder of mortgage on any property) such amounts as desired, provided payment of the amount required has been made to the Clerk, as trustee, but only if such creditor is not listed as a creditor in the schedule, or such creditor has refused to participate in the trusteeship, or an agreement has been filed with and approved by the Court.
K. SERVICE COPIES - The filer may transmit service copies by facsimile or email to the opposing party and the certificate of service should reflect the mode of service.
- Document
- Certificate of service
- Placement
- Certificate section
Filing & Service rules
Electronic Filing Rules
The Court accepts fax, mail, and in-person filings presented at court by an attorney.
The Court shall accept fax filings, filings by mail or filings personally presented at court by an attorney.
Page 10 | RULE 1.16.1 FAX FILING
A fax filing is the effective original and need not be followed by filing its source document, but the filer must retain the source document with required original signatures and the source facsimile cover sheet, make them available to the Court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.
A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document (original record) with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the Court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
Page 10 | RULE 1.16.1 FAX FILING
The filing party must confirm that the Court received the fax and that it appears on the docket.
It shall be the responsibility of the filing party to confirm that a fax was received by the Court and that it is reflected on the Court’s docket.
Page 10 | RULE 1.16.1 FAX FILING
Fax filings must be transmitted through the facsimile equipment operated by the Clerk, not sent directly to the Court.
Fax filings may NOT be sent directly to the Court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Court.
Page 12 | H. TIME OF FILING
A document transmitted without authority must be stricken upon motion if the lack of authority is established.
If it is established that the documents were transmitted without authority, upon motion, the court shall order the document stricken.
Page 15
No person may use or permit another person to use someone else’s password for electronic filing.
No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
Page 15
An attorney may authorize only an employee or a retained electronic-filing service provider to file electronically on the attorney’s behalf.
No attorney shall authorize any person to electronically file on that attorney's behalf, other than his or her employee or a service provider retained to assist in electronic filing.
Page 15
Third-party electronic-filing providers are not acceptable unless the exception in local rule (B)(3) applies.
NOTE: Third party electronic filing providers are not acceptable except as otherwise provided in (B)(3) of this local rule.
Page 15
An electronic filer need not submit a hard copy to the Clerk but must retain the source document for production upon request through final disposition and the applicable appeal period.
The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records, and have available for production upon request by the Court, the Clerk of Court or other counsel, the source document of any document electronically filed. The filer must maintain this source document until the final disposition of the case and through any Notice of Appeal, or, if appealed, appeal period.
Page 17 | G. DISPOSITION AND MAINTENANCE OF SOURCE DOCUMENTS
Attachments or exhibits over 30 megabytes must be submitted in hard copy rather than electronically and served on all other parties.
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 18 | I. ATTACHMENTS AND EXHIBITS
If an original document requires a non-attorney's signature, the filing party or Clerk's Office must scan the original and electronically file it.
If an original document requires a signature of a non-attorney, the filing party or the Clerk's Office shall scan the original document and, then electronically file it on the System.
Page 18 | J. SIGNATURES
Attachments and exhibits are to be filed electronically.
Attachments and exhibits are to be filed electronically.
Page 18 | I. ATTACHMENTS AND EXHIBITS
A party seeking to file an unredacted document under seal must electronically file a motion to seal.
a. The party seeking to file a non-redacted document shall electronically file a motion to file the document under seal.
Page 20 | L. PRIVACY
A filer unable to e-file because of a problem on the filer’s end must file a hard copy with the Clerk.
3. A filer who cannot file a document electronically due to problems on the filer's end, must file a hard copy of the document with the Clerk of Court.
Page 21
Jury instructions must be presented to the Court by email at wmcclerk@willoughbycourt.com.
Instructions must be presented to the Court by e-mail (wmcclerk@willoughbycourt.com).
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
The court permits use and filing of tickets produced electronically.
The use and filing of a ticket that is produced by a computer or other electronic means is hereby authorized in the Willoughby Municipal Court.
Page 30 | RULE 2.7 USE OF ELECTRONICALLY PRODUCED TICKET (eTICKETING)
The electronic filing of a document by an attorney, or by another under the authorization of the attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule
The electronic filing of a document by an attorney, or by another under the authorization of the attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule
Page 15
After receiving a properly completed and signed User Agreement Form, the Clerk must establish an electronic-filer account and assign a user ID and initial password.
Upon receipt of a properly executed and signed User Agreement Form, the Clerk of Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing documents.
Page 15 | 4. Account Assignment
The Clerk must receive electronic documents 24/7, except during a network outage at the Willoughby Municipal Court.
The Clerk of Court shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk's Office is actually open except in the event of a network outage at the Willoughby Municipal Court.
Page 15 | 5. Hours of Operation
An electronically file-stamped document cannot be altered after acceptance into the system.
After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.
Page 17 | F. ELECTRONIC FILE STAMPING
Anyone who elects to file electronically bears the risk of electronic delays, disruptions, signal interruptions, readability issues, and improper filing.
Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of electronic signals and readability of the document and, accepts the full risk that the document may not be properly filed with the Clerk of Court as a result.
Page 17
After an electronically submitted document becomes part of the docket, only the Clerk of Court’s Office makes docket corrections.
1. Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk of Court's Office.
Page 21 | N. CORRECTION OF DOCKET ENTRIES / DOCUMENTS FILED IN ERROR
A filing party cannot change a document or docket entry after the transaction is accepted.
2. The System does not permit a filing party to make changes to the document(s) or docket entry once the transaction has been accepted.
Page 21 | N. CORRECTION OF DOCKET ENTRIES / DOCUMENTS FILED IN ERROR
3. If a document has been filed in error, the filing party should not attempt to re-file the document.
3. If a document has been filed in error, the filing party should not attempt to re-file the document.
Page 21 | N. CORRECTION OF DOCKET ENTRIES / DOCUMENTS FILED IN ERROR
The Clerk may deny e-filing use to a party, firm, or agency for habitual nonconformance or uncorrected equipment incompatibility.
1. The Clerk of Court reserves the right to deny any party, firm, or agency the use of eFiling due to habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected.
Page 21 | O. NONCONFORMANCE RULE
Complaints, pleadings, and other documents may be filed electronically with the Clerk of Court via the Internet, subject to this rule.
In conformity with Ohio Revised Code, Civ.R. 5(E) and Crim R. 12(B) and, as approved (provisionally) by the Ohio Supreme Court on Technology and the Courts, complaints, pleadings and other documents may be filed with the Clerk of Court electronically via the Internet, subject to the provisions in this rule.
Page 14 | B. ELECTRONIC FILING POLICY
After the Clerk successfully processes a filing, the e-filer may check its accepted, rejected, or pending status through the e-file portal.
Upon successful processing of the filing by the Clerk of Court, the e-filer can check the status of their filing as either accepted, rejected or pending from the e-file portal.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
An electronically filed document is accepted as the original filing if the filer complies with the Local Rule.
A document electronically filed shall be accepted as the original filing, consistent with Civ. R. 5(E) and Crim. R. 12(B) if the person filing electronically complies with all of the requirements set forth in this Local Rule.
Page 17 | G. DISPOSITION AND MAINTENANCE OF SOURCE DOCUMENTS
Filing Timing and Cure Windows
A motion to withdraw must be filed at least seven days before the next scheduled hearing.
Said motion shall be filed at least seven (7) days prior to the next scheduled hearing.
Page 6 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
The pro hac vice notice and granting order must be filed within 30 days after permission is granted.
If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.
Page 6 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
When an interim report is filed, the completed reports and recommendations are due within 30 days after the trial or hearing unless the Court approves an extension by Order.
In cases where such report is filed with the Clerk, the magistrate shall file the completed reports and recommendations not later than thirty (30) days after conclusion of the trial or hearing, unless the Court, by Order, approves an extension of time.
Page 7 | C.
Magistrates must file reports and recommendations within 15 days after a trial or hearing, unless unusual complexity requires more time, in which case an interim report explaining the delay must be filed.
Magistrates shall file their reports and recommendations with the Clerk within fifteen (15) days after conclusion of the trial or hearing before them, except in rare and unusual cases in which the complexity of the facts of the law requires additional time for consideration by the magistrate, in which case the magistrate shall file an interim report setting forth the reasons for the delay.
Page 7 | C.
A jury demand must be filed within the time frame set by the applicable rule.
The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.
Page 9 | RULE 1.13 JURY DEMAND
Motions must be timely filed in accordance with Ohio Rules and Statutes.
All motions shall be in writing and timely filed and served on all appropriate parties in accordance with Ohio Rules and Statutes.
Page 9 | RULE 1.12 MOTIONS
Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the fax or email document is filed; failure may result in the document or exhibit being stricken.
Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) court days following the filing of the facsimile or email document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 12 | G. EXHIBITS
The clerk receives fax filings during regular public business hours; fax filings received after the court closes, including after 4:30 PM, are considered filed when the court next opens for business.
The Office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open to the public for business. Therefore, a fax filing received after the court closes on a given business day will be deemed filed with the Clerk of Court as of the opening of the next business day. 2. If received after 4:30 PM, that filing would be considered filed as of the following day the court is open for business.
Page 12 | H. TIME OF FILING
An accepted fax document is considered filed at the date and time the clerk time-stamps its receipt, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Court as of the date and time the Clerk time-stamps the document received as opposed to the date and time of the fax transmission.
Page 12 | H. TIME OF FILING
A new complaint is deemed filed at the date and time it is received and accepted by the Clerk, as shown by the submitted document’s timestamp.
Effective Date and Time of Filing of a New Complaint - means the date and time the electronic filing was received and accepted by the Clerk of Court as noted on the time stamp on the submitted document.
Page 14 | A. DEFINITIONS
A motion is deemed filed at the date and time it is received and accepted by the Clerk, as shown by the submitted document’s timestamp.
Effective Date and Time of Filing of a Motion - means the date and time the electronic filing was received and accepted by the Clerk of Court as noted on the time stamp on the submitted document.
Page 14 | A. DEFINITIONS
A document is timely if received by 11:59 p.m. Eastern Standard Time on its due date, unless the assigned judge orders a different filing time or date.
A document will be deemed timely when received by 11:59 p.m. the evening of the due date, unless the assigned judge has ordered the document filed by a different time/date. Time at the Court (Eastern Standard) governs, rather than the time zone from which the filing is made.
Page 15 | 5. Hours of Operation
To retain the original filing date, time, and confirmation number, an email-resubmitted rejected filing must reach the Clerk within 24 hours after the rejection email was sent.
Rejected filings which are resubmitted via electronic mail must be received by the Clerk of Court within twenty-four (24) hours of the time that the rejection electronic mail message was sent by the Clerk of Court in order to retain the original date and time of filing and confirmation number.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
The submitting party must correct rejected documents until they are accepted.
Rejected documents must be corrected by the submitting party until they are accepted.
Page 17
rejected filing, the filer must file a motion with the Court seeking relief.
rejected filing, the filer must file a motion with the Court seeking relief.
Page 17
An attorney or party challenging the authenticity of an electronically filed document or its signature must file an objection within ten days after receiving the notice of electronic filing.
3. Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.
Page 19
The proposed journal entry must be submitted when the motion is filed.
1. All attorneys, at the time of filing a motion, must submit with that motion a separate filing of a proposed journal entry granting the motion and setting forth the requested relief.
Page 19 | K. ORDERS (JOURNAL ENTIRES)
A non-filing signatory or party disputing the authenticity of an electronically filed document with multiple signatures, or of the signatures themselves, must object within ten days after receiving the notice of electronic filing.
a. A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten (10) days of receiving the notice of electronic filing.
Page 19
The motion must be docketed before the proposed journal entry is submitted to the judge.
2. The motion shall be docketed prior to submitting the proposed journal entry to the judge, and the proposed journal entry shall contain, by reference, the case number of the case
Page 20 | K. ORDERS (JOURNAL ENTIRES)
Completed transcripts must be filed with the court immediately.
All transcriptions must be filed with the court immediately upon completion.
Page 23 | B. TRANSCRIPT OF PROCEEDING
A not-guilty plea letter must be sent before the defendant’s scheduled arraignment.
A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment
Page 25 | RULE 2.1 ARRAIGNMENT
Proposed jury instructions must be submitted seven full days before trial.
Counsel shall submit to the Court, seven (7) full days in advance of trial, proposed instructions for all charges, specifications and affirmative defenses.
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
The settlement or plea agreement must be on the record two days before trial.
The settlement or plea agreement shall be on the record two days prior to trial.
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
Counsel must present exhibits to the Bailiff for marking at least one day before trial.
Counsel shall present exhibits to the Bailiff for marking at least one (1) day before trial.
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
Parties must file a trial brief at least seven days before trial.
Parties shall file a trial brief at least seven (7) days in advance of trial.
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
If a jury trial is resolved, the jury waiver and plea agreement must be filed three business days before trial.
If a jury trial is resolved, the jury waiver and plea agreement shall be filed three (3) business days before the trial date.
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
Motions must be filed within the Ohio Rules of Civil Procedure deadlines unless the Court modifies the deadline for good cause upon motion.
Motions must be filed within the time guidelines set forth in the Ohio Rules of Civil Procedure unless modified for good cause upon motion.
Page 33 | RULE NO. 3.3 PLEADINGS AND MOTIONS
When default judgment is available because the defendant failed to answer or appear, the motion must be filed within 90 days after the plaintiff has notice of the default or the complaint will be dismissed for want of prosecution.
In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, the motion for default judgment must be filed within 90 days from the time that plaintiff has notice of such default. Failure to file a motion for default shall result in dismissal of the complaint for want of prosecution.
Page 34 | RULE NO. 3.6 DEFAULT JUDGMENTS
If a move-out is stayed or canceled and more than 15 business days pass before the new move-out date, the plaintiff must file a new writ.
If a move-out is stayed or canceled, and more than fifteen (15) business days pass between the date the writ issued and the new move-out date, the plaintiff must file a new writ.
Page 35 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
The scheduled move-out must occur within 10 days after the Clerk’s Office issues the writ.
Writs must be executed upon (the scheduled move-out must occur) within ten (10) days of issuance by the Clerk’s Office.
Page 35 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
A writ must be timely filed within 30 days after the judgment hearing unless the judgment orders otherwise.
Within thirty (30) days of the date of the hearing in which judgment was rendered, unless the judgment orders otherwise.
Page 35 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
If the judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to file a writ.
Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to file a Writ and serve a copy of the motion on the defendant(s).
Page 35 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
A. COURT AS TRANSFEROR: The Clerk shall not transfer any case pursuant to venue change in application of Civ.R. 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer. It shall be the responsibility of the plaintiff's attorney to ascertain the filing cost in the transferee court. Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.
A. COURT AS TRANSFEROR: The Clerk shall not transfer any case pursuant to venue change in application of Civ.R. 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer. It shall be the responsibility of the plaintiff's attorney to ascertain the filing cost in the transferee court. Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.
Page 38 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS — A. COURT AS TRANSFEROR
The motion to certify and required security-cost payment must be filed within thirty days after the counterclaim, crossclaim, or third-party complaint is filed, or dismissal may follow.
C. CERTIFICATION TO COMMON PLEAS COURT: It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the Court to also file a motion to certify the case to the Court of Common Pleas. The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court. Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civ.R. 41(B).
Page 38 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS — C. CERTIFICATION TO COMMON PLEAS COURT
The required cost deposit must be made within fourteen days after receipt of the file from the transferor court or the file may be returned.
B. COURT AS TRANSFEREE: The Clerk shall not file and docket any case transferred to this Court pursuant to venue change in application of Civ.R. 3(C) until a sum sufficient to secure costs has been deposited. Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.
Page 38 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS — B. COURT AS TRANSFEREE
A motion to transfer without a counterclaim or crossclaim exceeding $6,000 must be filed seven days before trial and may be transferred to the regular docket.
A motion to transfer (without a counterclaim or crossclaim in excess of $6,000.00) must be filed seven days before trial and may be transferred to the regular docket.
Page 39 | C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
After transfer, the defending party has 28 days from judicial assignment to move or plead.
After transfer, the defending party shall have 28 days from judicial assignment, to move or plead.
Page 39 | C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
Motions should be filed in a way that does not necessitate delaying trial dates.
Motions should be filed so as not to necessitate a delay in trial dates.
Page 9 | RULE 1.12 MOTIONS
If a fax is sent without the required cover-page information, the clerk may file it or place it in the failed-fax file, in which case it is not considered filed.
If a document is sent by fax to the clerk without the cover page information listed above, the clerk may do either of the following: a. enter the document in the case docket and file the document; b. deposit the document in a file of failed faxed documents with a notation of the reason for the failure (omission of cover page). The document shall not be considered filed with the clerk.
Page 11 | D. FAX COVER PAGE
Accepted electronically filed documents must receive an acknowledgment showing the confirmation date and time of successful filing.
All electronically filed documents accepted by the Clerk’s Office shall receive a confirmation date and time acknowledgement of successful filing.
Page 15 | 5. Hours of Operation
A rejected filing may be resubmitted to the Clerk to retain its original filing date and time.
A rejected filing may be resubmitted to the Clerk of Court in order to retain the original date and time of filing.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
Filers are notified by email if a filing is rejected.
Filers will be notified via electronic mail if the filing is rejected for any reason.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
A filer may submit a corrective filing later, but after the 24-hour period it is treated as a new filing and the prior confirmation number expires.
A corrective filing may, however, be sent at a later time if the filer elects to do so, but after the twenty-four (24) hour period expires, this filing will be considered a new filing and the prior confirmation number will have expired.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
A confirmation number is assigned when the Clerk’s receiving device receives a filing in its entirety.
A confirmation number will be assigned to each filing when it is received in its entirety by the Clerk of Court's receiving device.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
Upon successful transmission, the filer’s screen displays the confirmation number and the filing date and time.
The confirmation number and the date and time of the filing will be displayed on the screen of the filer's computer upon successful transmission of the filing.
Page 16 | E. FILING ACCEPTANCE OR REJECTION CYCLE
The Clerk of Court will not retain rejected documents.
The Clerk of Court shall not retain the rejected documents.
Page 17
Service and Proof of Service Rules
After counsel enters an appearance, journal entries, court documents, court orders, and trial assignments must be served on designated counsel at the email address counsel provided to the Court.
Upon the entry of appearance of counsel, all journal entries, court documents, court orders and trial assignments shall be served upon the designated counsel at the email address that the attorney provides Willoughby Municipal Court.
Page 6 | RULE 1.6 APPEARANCE AND WITHDRAWAL OF COUNSEL
The court must send all hearing notices and Judgment Entries to counsel by email.
All hearing notices and Judgment Entries shall be sent to counsel by email.
Page 8 | RULE 1.10 PRIORITY OF SCHEDULING
Motions must be served on all appropriate parties in accordance with Ohio Rules and Statutes.
All motions shall be in writing and timely filed and served on all appropriate parties in accordance with Ohio Rules and Statutes.
Page 9 | RULE 1.12 MOTIONS
A separately filed missing exhibit must be served in conformance with the rules governing service of pleadings in the Court.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Willoughby’s Notice of Filing Exhibit ‘G’ to Plaintiff Willoughby’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
Page 12 | G. EXHIBITS
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 18 | I. ATTACHMENTS AND EXHIBITS
After appearing, a party must provide an email address, and subsequent service must be electronic where possible.
Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronically, where possible.
Page 18 | H. PUBLIC METHOD OF ACCESS TO ELECTRONICALLY FILED PUBLIC DOCUMENTS
Electronically filed documents must be served in accordance with the applicable civil or criminal rule.
Documents filed electronically with the Clerk of Court shall be served in accordance with Civ.R. 5 and Crim. R. 49.
Page 18 | H. PUBLIC METHOD OF ACCESS TO ELECTRONICALLY FILED PUBLIC DOCUMENTS
The Clerk shall accept service methods allowed by Civ.R. 4.1, including virtual service of process.
The Clerk of the Willoughby Municipal Court shall accept service of process methods as outlined in Civ.R. 4.1, and methods shall include “virtual” service of process.
Page 22 | RULE 1.17 SERVICE OF PROCESS
Written notice of a trial or pretrial conference date and time must be provided to the defendant or counsel by email or in person.
E. Written notice of the date and time of a trial and/or pretrial conference shall be provided via e-mail or in person to the defendant and/or counsel.
Page 26 | RULE NO. 2.3 CASE MANAGEMENT
Written notice of all hearings must be emailed to the prosecuting attorney of record.
Written notice of all hearings shall be sent by e-mail to the prosecuting attorney of record.
Page 26 | RULE NO. 2.3 CASE MANAGEMENT
The prosecutor must notify alleged victims of the plea agreement, and the victim must be allowed to object to it.
Alleged victims shall be notified by the prosecutor of the plea agreement and the victim shall be allowed to raise objections to the plea agreement.
Page 27 | SECTION 2 CRIMINAL / TRAFFIC CASE MANAGEMENT
At the victim’s request, the prosecutor must notify the victim of public proceedings concerning the offense and provide the opportunity to attend public proceedings involving disposition, plea, sentencing, and release.
The prosecutor shall provide notice to the alleged victim, upon request by the victim, of all public proceedings involving the alleged criminal offense and provide to the victim, the opportunity to be present at all public proceedings, involving disposition, plea, sentencing and release.
Page 27 | SECTION 2 CRIMINAL / TRAFFIC CASE MANAGEMENT
Upon a victim’s request, the prosecutor must ensure notice of public proceedings and the opportunity to attend; the victim may also be heard at a public proceeding upon request.
Pursuant to Ohio Criminal Rule of Procedure 37, to the extent required by Article I, Section 10(a), of the Ohio Constitution or by the Ohio Revised Code, this court hereby directs that the Prosecuting Attorney of any jurisdiction prosecuting before this court, shall be responsible for ensuring notice be given to any victim(s), upon request, of all public proceedings involving the alleged criminal offense(s) against the victim(s) and the opportunity to be present at all such proceedings. This includes, but is not limited to, plea/sentencing hearings and motions to seal/expunge hearings. Upon request, the victim may be heard in any public proceeding, including, but not limited to, public proceedings involving release, plea, sentencing, disposition, or motions to seal/expunge the record.
Page 32 | RULE 2.9 PROSECUTOR NOTIFICATION OF VICTIM
Summonses must be served in accordance with the Ohio Rules of Civil Procedure.
The summons shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 32 | RULE NO. 3.1 CIVIL CASE MANAGEMENT
The summons and complaint must be served within six months after filing; without good cause, the action will be dismissed as to that defendant.
the summons and complaint within 6 months from the date the case has been filed and the party on whose behalf such service was required cannot show good cause why such service was not made, the action shall be dismissed as to that defendant without prejudice upon the Court’s own initiative with notice to such party or upon motion.
Page 33 | SECTION 3 CIVIL / SMALL CLAIMS MANAGEMENT
Each motion must be served on opposing counsel or the pro se litigant.
All motions must be in writing, on 8 1/2 x 11 paper, with no backing, and served on opposing counsel / pro se litigant.
Page 33 | RULE NO. 3.3 PLEADINGS AND MOTIONS
A written motion for trial must be served at least 28 days before trial.
and a written motion for purposes of a trial shall be served no later than twenty-eight (28) days prior to trial.
Page 34 | RULE NO. 3.3 PLEADINGS AND MOTIONS
Motions before a hearing or trial must be served at least 14 days before the hearing, unless a different period is set by rule or court order.
Motions prior to hearing or trial, unless a different period is fixed by rules or order of the Court, shall be served no later than fourteen (14) days prior to the hearing
Page 34 | RULE NO. 3.3 PLEADINGS AND MOTIONS
The defendant must be served at least seven days before trial.
Defendant shall be served at least seven (7) days prior to the date set for trial.
Page 35 | B. TRIAL
The plaintiff must serve a copy of the motion for leave on the defendants.
Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to file a Writ and serve a copy of the motion on the defendant(s).
Page 35 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
The moving party must serve the motion on the opposing party at that party’s last known address and endorse proof of service on the motion.
b. The moving party must serve that motion upon the opposing party in the case at that party’s last known address, and endorse proof of service on the motion.
Page 37
The Court must send each creditor, by certified mail, a notice requesting account verification and an election to participate or not participate.
The Court shall cause notice to be forwarded to each creditor by certified mail with request to verify the account with election to participate or not to participate
Page 39 | RULE NO. 3.11 TRUSTEESHIP
If a debtor fails to make a scheduled payment within ten days after it is due, the Clerk must mail a show-cause letter to the debtor's listed address setting an appearance date five to ten days after the letter.
In the event a debtor fails to make any scheduled payment with ten (10) days after the payment is due, the Clerk shall forward a letter by ordinary mail to the debtor at the address listed by the debtor, requiring the debtor to appear at a date not less than five (5) days nor more than the (10) days from the date of the letter to show cause why the trusteeship shall not be terminated.
Page 40 | RULE NO. 3.11 TRUSTEESHIP
Virtual service of process for complaints or other documents is subject to review or challenge under Civ. R. 4.1, and confirmation data is available through the Clerk’s Office.
All service of process of complaints or other documents served with virtual services of process are subject to review and/or challenge as further outlined in Civ. R. 4.1, with confirmation of service of process data being made available through this Clerk’s Office.
Page 22 | RULE 1.17 SERVICE OF PROCESS
Responses must be served as provided by Ohio Civil Rule 6(C).
Responses served provided by Civ.R. 6(C).
Page 34 | RULE NO. 3.3 PLEADINGS AND MOTIONS
The filer may serve copies on the opposing party by fax or email.
K. SERVICE COPIES - The filer may transmit service copies by facsimile or email to the opposing party and the certificate of service should reflect the mode of service.
Page 13 | K. SERVICE COPIES
The Clerk may use eCertified mail, with delivery confirmation available through the Court’s website, without modifying Civ.R. 4.1(A)(1)(a).
The Clerk may choose to utilize service by eCertified mail. This advanced postal technology does not modify Civ.R. 4.1(A)(1)(a) Service by United States certified or express mail, but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the court’s website to show to whom the mail was delivered, the date of delivery, and address where delivered, all in accordance with the now-existing Civil Rules.
Page 22 | RULE 1.17 SERVICE OF PROCESS
The Clerk may use a commercial carrier service under Civ.R. 4.1(A)(1)(b), choosing the service deemed most effective; delivery confirmation may be available through the Court’s website.
The Clerk may also choose to utilize service of process methods as outlined in Civ.R. 4.1(A)(1)(b) Service by commercial carrier service using the specific service that the Clerk deems most effective for the purpose. Advanced technology may also allow the provision for advanced electronic and website technology in the use of a commercial carrier service and receipt of confirmation utilizing the Court’s website to show to whom the mail was delivered, the date of delivery, and address where delivered, all in accordance with the now-existing Civil Rules.
Page 22 | RULE 1.17 SERVICE OF PROCESS
The Clerk must notify the original court by mail when a Certificate of Judgment or Transcript of Proceedings is transferred and filed in this Court.
Pursuant to provisions of R.C. 2329.02, the Clerk of Court shall accept for filing, a Certificate of Judgment or a Transcript of the Proceedings of the original court which shall be docketed and numbered as if originally filed in this Court and the Clerk shall notify the original court by mail that such transfer has been made.
Page 38 | RULE NO. 3.9 TRANSFER OF JUDGMENT
Filing Fees and Waivers
A party demanding a civil jury must pay the demand cost when making the demand and the jury deposit by noon the day before trial; the judge may waive the costs upon evidence of indigency.
The party demanding the jury in a civil case shall pay the Jury Demand Civil Cost at the time the demand is made and the Jury Deposit Civil Cost no later than noon on the date prior to the trial. The cost requirement may be waived upon the presentation of evidence, which establishes the indigency of the party demanding the jury, and upon approval of the judge.
Page 9 | RULE 1.13 JURY DEMAND
A fee-required fax filing will not be accepted until costs and fees are paid by credit or debit card; incomplete payment information or nonconforming documents will not be filed.
No document filed by facsimile that requires a filing fee at the time of filing shall be accepted by the Clerk for filing until court cost and fees have been paid by a credit or debit card (VISA, Discover, or MasterCard). The forms necessary for the authorization of payment by credit card shall be available at the Clerk’s Office during normal business hours and are accessible online at https://www.willoughbycourt.com/. Documents tendered to the clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.
Page 13 | I. FEES AND COSTS
A $1.00 fee is assessed for each page of a facsimile filing.
A one dollar ($1.00) per page facsimile fee shall be assessed for facsimile filings.
Page 13 | I. FEES AND COSTS
Normal filing fees are assessed when a filing is processed, and civil filing fees must be paid within 48 hours after acceptance.
The Clerk of Court shall assess normal filing fees at the time the filing is processed. All Civil filings shall be paid within 48 hours of acceptance of said filing.
Page 16 | D. FEES
Civil filings require advance deposit of the applicable security costs unless the Court orders otherwise, the filer is exempt by law, or an inability-to-pay affidavit is approved by the assigned judge.
No action, proceeding, motion or other document shall be accepted for filing by the Clerk of Court unless there first shall be deposited the sum of not less than the amount specified in the civil costs section as security costs, unless otherwise ordered by the Court or otherwise exempted by law. The schedule of court costs in the civil division is set by administrative order. The schedule is available at the Clerk of Court’s office or at the Court’s web site. Those persons unable to post the required security for costs may be excused from the same upon filing of an appropriate affidavit, when approved by the judge assigned to the case.
Page 32 | RULE NO. 3.1 CIVIL CASE MANAGEMENT
A filing fee is required when the plaintiff must file a new writ after a stayed or canceled move-out and more than 15 business days have passed.
If a move-out is stayed or canceled, and more than fifteen (15) business days pass between the date the writ issued and the new move-out date, the plaintiff must file a new writ. A filing fee is required.
Page 35 | D. ENFORCEMENT OF FIRST CAUSE JUDGMENT – WRITS AND MOVE-OUTS
The motion to certify must include a check or money order payable to the Court of Common Pleas for at least the amount specified as that court’s security costs.
C. CERTIFICATION TO COMMON PLEAS COURT: It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the Court to also file a motion to certify the case to the Court of Common Pleas. The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court. Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civ.R. 41(B).
Page 38 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS — C. CERTIFICATION TO COMMON PLEAS COURT
Before a venue-change transfer, all costs must be paid and a sufficient check payable to the transferee court deposited with the Clerk; plaintiff’s counsel must ascertain the transferee court’s filing cost.
A. COURT AS TRANSFEROR: The Clerk shall not transfer any case pursuant to venue change in application of Civ.R. 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer. It shall be the responsibility of the plaintiff's attorney to ascertain the filing cost in the transferee court. Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.
Page 38 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS — A. COURT AS TRANSFEROR
A sufficient sum to secure costs must be deposited before a transferred case is filed and docketed in this Court.
B. COURT AS TRANSFEREE: The Clerk shall not file and docket any case transferred to this Court pursuant to venue change in application of Civ.R. 3(C) until a sum sufficient to secure costs has been deposited. Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.
Page 38 | RULE NO. 3.8 CHANGE OF VENUE CERTIFICATION OR PROCEEDINGS — B. COURT AS TRANSFEREE
A movant seeking a jury demand must comply with the Local Rules and pay all required fees and deposits.
The movant must comply with Local Rules regarding jury demands and all required fees and deposits must have been paid.
Page 39 | C. MOTIONS TO TRANSFER TO THE CIVIL DOCKET
The debtor must pay the filing fee when filing the trusteeship application.
At the time of filing, the debtor must pay the filing fee.
Page 39 | RULE NO. 3.11 TRUSTEESHIP
The Court does not maintain electronic billing or debit accounts for lawyers or law firms.
The Court will not maintain electronic billing or debit accounts for lawyers or law firms.
Page 16 | D. FEES
If no reporting firm is specified or the Court does not accept the specified firm, the transcription is obtained from the official court reporter at the movant’s cost.
If a reporting firm is not specified by movant or movant’s counsel, or is not acceptable to the Court, then the Court will issue an entry appointing a court reporter and the transcription is then obtained from the official court reporter at movant’s costs.
Page 23 | B. TRANSCRIPT OF PROCEEDING
Transcript copies are provided at cost, but electronic copies are free.
Copies of transcripts shall be provided at cost and electronic copies shall be provided free of charge.
Page 23 | C. COPY OF RECORD OF PROCEEDINGS
In criminal indigent cases, the stenographer or reporter must be paid $4.25 per page for an original transcript and one certified copy.
In all criminal indigent cases, the court stenographer/reporter shall be paid $4.25 per page for an original transcript and one certified copy of said transcript.
Page 23 | B. TRANSCRIPT OF PROCEEDING
In criminal indigent cases, the stenographer or reporter must also be paid $25 per hour.
Additionally, the court stenographer/reporter shall be paid $25.00 per hour.
Page 23 | B. TRANSCRIPT OF PROCEEDING
Jury costs need not be prepaid in criminal or traffic cases.
There is no prepayment of jury costs in criminal/traffic cases.
Page 9 | RULE 1.13 JURY DEMAND
Sealing & Redaction Procedures
When personal identifiers are omitted, the party must submit or file them on a separate form and provide them to the Court or Clerk upon request, or to a party upon motion; the Clerk may provide a standard form.
B. When personal identifiers are omitted from a case document submitted to a court or filed with a clerk of court pursuant to Rule 1.4(A), the party shall submit or file that information on a separate form. The Clerk may provide a standard form for parties to use. Redacted or omitted personal identifiers shall be provided to the Court or Clerk upon request or a party to the judicial action or proceeding upon motion.
Page 5 | RULE 1.4 OMISSION OF PERSONAL IDENTIFIERS PRIOR TO SUBMISSION OR FILING
Parties must omit personal identifiers when submitting or filing a case document.
A. When submitting a case document to court or filing a case document with a clerk of court, a party to a judicial action or proceeding shall omit personal identifiers from the document
Page 5 | RULE 1.4 OMISSION OF PERSONAL IDENTIFIERS PRIOR TO SUBMISSION OR FILING
Filing parties must omit or, when necessary, partially redact the listed identifiers and information from filings, unless the assigned judge orders otherwise; only the last four digits of a Social Security number may remain, and specified juvenile-name exceptions apply.
1. Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers except for the last four digits; • Financial account numbers, including but not limited to debit card, charge card, and credit card numbers; • Employer and Employee identification numbers; • A juvenile's name in an abuse, neglect, or dependency case, except for the juvenile's initials or a generic abbreviation such as "CV: for "child victim"; • Proprietary or trade secret information. • Medical records
Page 20 | L. PRIVACY
The filing party alone is responsible for redacting personal data identifiers.
3. The responsibility for redacting personal data identifiers (i.e., social security numbers and bank/credit card numbers) rests solely with the filing party.
Page 20 | L. PRIVACY
A party may file an unredacted document under seal only with court permission, must electronically file a motion to seal, and may be required to file a redacted public copy.
2. With permission of the Court, a party may file, under seal, a document containing the non-redacted personal data identifiers listed above. a. The party seeking to file a non-redacted document shall electronically file a motion to file the document under seal. b. In granting the motion or application to seal, the judge may require the party to file a redacted copy for the public record.
Page 20 | L. PRIVACY
When the Court grants a motion to seal an eviction record, the Clerk must redact the tenant’s name from public records, retain the electronic record, and ensure it can be retrieved and unsealed if ordered.
4. If the Court grants a Motion to Seal Eviction Record, the Clerk shall forthwith cause the Tenant’s name to be redacted from all public records it maintains, including the electronic case index system, to the same extent that it would for a criminal sealing of records (formerly known as expungement). The clerk shall retain the electronic record of the action, in accordance with its record retention policy. The Clerk shall ensure that the record of the case can be retrieved and unsealed, if ordered.
Page 37
Sealing restricts access without removing the case from the docket; access is limited to specified court personnel, though a party may move for access and the Court may provide access for official government business.
6. Sealing the record restricts access to the case record; it does not remove the record from the Court’s electronic or paper docket. Access to the sealed record shall be limited to the Clerk of Court, the Clerk’s designee, the Judge, and the Judge’s designee. A party to the original action may file a motion requesting access to the record or case file. The Court may provide access to the record as required by law enforcement officials, or others conducting official government business.
Page 37
An application to seal an eviction record must be made by motion.
Application to have an eviction record sealed must be made by motion.
Page 37
The Court may seal an eviction record when the interests of justice outweigh the public and government interests, including in the listed circumstances and subject to the stated five-year limits.
The Court may order the Clerk to seal an eviction record when the interests of justice in sealing the record outweigh the interests of the government and the public in maintaining a public record of the case, including, for example, in the following circumstances: a. The court dismissed or entered judgment for the tenant/movant on the claim for possession; or b. The landlord dismissed the claim for possession before adjudication of that claim; or c. The landlord stipulates, in writing to the Court, to sealing the record, except that sealing of a record solely on the basis of the stipulation by the landlord shall be granted only once on any five- year period; or d. The landlord prevailed on the merits on the claim for possession, and all of the following occurred: Extenuating circumstances led to the eviction; at least five years have passed since judgment was entered for the landlord; at least five years have passed since the tenant has had an adverse judgment granting an eviction in any jurisdiction.
Page 36 | G. MOTION TO SEAL EVICTION RECORD
For good cause, the Court may unseal a record on its own motion after giving notice to the parties.
For good cause, the Court may unseal a record on its own motion, after notice to the parties on the case.
Page 38
Pre-Motion Conference Requirements
Unless the Court orders otherwise, summary-judgment motions are decided without oral argument, and the adverse party must file its opposition brief within 28 days after service.
Unless otherwise ordered by the Court, Motions for Summary Judgment shall be decided on the briefs and other attachments without oral arguments. The adverse party shall file a brief in opposition within twenty-eight (28) days after service of the motion.
Page 33 | RULE NO. 3.3 PLEADINGS AND MOTIONS
A party opposing a motion other than a summary-judgment motion must serve and file its opposition brief within 14 days after service of the motion.
Each party opposing a motion other than Motion for Summary Judgment shall serve and file a brief in opposition within fourteen (14) days of service of said Motion.
Page 33 | RULE NO. 3.3 PLEADINGS AND MOTIONS
The movant must serve a reply to a response to any written motion within seven days after service of the response motion.
Movant’s reply to a response of any written motion shall be served within seven (7) days after service of the response motion.
Page 34 | RULE NO. 3.3 PLEADINGS AND MOTIONS
Motions are ruled on without a hearing unless a hearing is requested in writing, with whether to hold one left to the Court’s discretion.
Motions shall be ruled on without a hearing unless otherwise requested in writing, and at the court’s discretion.
Page 33 | RULE NO. 3.3 PLEADINGS AND MOTIONS
A movant may file a reply to a response only with leave of the Court.
Movant’s reply to a response may be filed only with leave of the Court.
Page 34 | RULE NO. 3.3 PLEADINGS AND MOTIONS
Adjournment & Extension Requirements
A continuance motion in a civil case must be filed at least seven business days before trial or hearing; the deadline may be waived in an unforeseen emergency.
Such motion shall be filed with the Court not less than seven (7) business days prior to the date of the trial or hearing in civil cases and two (2) business days prior to the date of trial or hearing in criminal/traffic cases. In the case of unforeseen emergency, this time requirement may be waived.
Page 9 | RULE 1.14 CONTINUANCE FOR TRIAL OR HEARING
A continuance requires a written motion showing good cause.
No case assigned for trial or hearing may be continued except on written motion and for good cause shown.
Page 9 | RULE 1.14 CONTINUANCE FOR TRIAL OR HEARING
Before seeking a continuance, the moving party must discuss it with opposing counsel or parties, state the other side’s position and the reason, attach any conflicting trial notice relied on, and propose at least two alternative dates agreeable to the court and all parties.
The moving party is required to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, indicate whether the other party is opposed to or in agreement to the continuance, and state the reason for the continuance. If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice must be attached to the notice. Counsel must also set forth at least two (2) other alternative dates for trial or hearing, agreeable to the court and all parties in the case.
Page 9 | RULE 1.14 CONTINUANCE FOR TRIAL OR HEARING
Continuance requests must be submitted and ruled on in accordance with Local Rule 1.14.
F. Continuances shall be submitted and ruled upon in accordance with Local Rule 1.14.
Page 26 | RULE NO. 2.3 CASE MANAGEMENT
A continuance requires a written motion showing good cause, filed at least seven calendar days before the hearing, trial, or mediation; the timing requirement may be waived for an unforeseen emergency.
No case scheduled for trial, hearing or mediation may be continued except on written motion and for good cause shown. Such motion shall be filed with the Court not less than seven (7) calendar days prior to the hearing, trial or mediation. In the case of unforeseen emergency, this time requirement may be waived.
Page 39 | B. CONTINUANCES
A defendant may request a reasonable continuance of the initial arraignment by written motion or by appearing in court at arraignment.
C. Request for continuance: Defendant may request a reasonable continuance of initial arraignment by filing a written motion or defendant may appear in court at arraignment to request a continuance.
Page 26 | RULE 2.1 ARRAIGNMENT
A continuance may be granted as provided in R.C. 1923.08.
A continuance may be granted as provided in R.C. 1923.08.
Page 35 | C. CONTINUANCE
Chambers Communication Rules
Requests to broadcast, record, photograph, or televise in the courtroom must be made in writing to the assigned judge as early as reasonably practical and no later than one-half hour before the session, unless the trial judge permits otherwise.
D. Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.
Page 5 | SECTION 1 GENERAL RULES
The Court must be notified by telephone immediately when a defendant elects to change their plea.
The Court shall be notified by telephone immediately when a defendant elects to change his/her plea.
Page 27 | RULE NO. 2.4 JURY TRIAL/BENCH TRIAL
As soon as possible after discovering a filing error, the filing party should contact the Clerk with the case and document numbers.
4. As soon as possible, after the error has been discovered, the filing party should contact the Clerk of Court's Office with the case number and document number for which the correction is being requested.
Page 21 | N. CORRECTION OF DOCKET ENTRIES / DOCUMENTS FILED IN ERROR
If service fails, the Clerk of Court must notify counsel immediately.
In the event there is a failure of service, the Clerk of Court shall notify counsel immediately.
Page 32 | RULE NO. 3.1 CIVIL CASE MANAGEMENT
The clerk need not notify the sender of a failed fax filing but may do so if practicable.
The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
Page 11 | E. FAILED FAX SUBMISSION
The clerk may acknowledge receipt of a fax transmission but is not required to do so.
The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
Page 12 | H. TIME OF FILING
The sender bears the risks of fax filing and is urged to verify receipt with the Clerk using available technological means.
The risks of transmitting a document by fax to the Clerk of Court shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 13
Check with the court to determine whether email filing is available.
J. LENGTH OF DOCUMENT – Facsimile or email (when available-check with court) filings shall not exceed 10 pages in length.
Page 13 | J. LENGTH OF DOCUMENT