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SYLVANIA MUNICIPAL COURT 6700 MONROE STREET SYLVANIA, OHIO 43560 (419) 885-8975
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RULES OF PRACTICE
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M. SCOTT RAMEY, PRESIDING JUDGE
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| INDEX RULE 1 SESSIONS................................................PAGE
01 RULE 2 ATTORNEYS....................................
..........PAGE 01 RULE
3 FILING & SERVICE OF COURT
PAPERS........................PAGE 02 RULE
3 FAX
FILING..............................................PAGE 02 RULE 3 DOCKETS AND
RECORDS.....................................PAGE 03 RULE 5 JURY
TRIALS.............................................PAGE 03 RULE 6 COURT DECORUM...........................................PAGE
03 RULE 7 WITNESSES...............................................PAGE
04 RULE 8 DESTRUCTION OF CASE
FILES...............................PAGE 04
RULE 9 COURT
REPORTERS.........................................PAGE 04 RULE 10 BROADCASTING & PHOTOGRAPHIC
PROCEDURES..................PAGE 04 RULE 11 ORDERS OF
COURT.........................................PAGE 05 RULE 12 JURY MANAGEMENT
PLAN....................................PAGE 05 Introduction....................PAGE 05 Jury Eligibility................PAGE 05 Procedure for Jury Selection....PAGE 06 Summoning Prospective Jurors.. .PAGE 06 Withdrawal of Jury Demand.. ....PAGE 07 Jury Instructions...............PAGE 07 Exemption, Excuse & Deferral....PAGE 07 Examination Prospective Juror...PAGE 08 Jury Orientation................PAGE 08 Conclusion......................PAGE 09 PART
II: CIVIL RULES RULE 13 COSTS....(also see pages
20&21).........................PAGE 10 RULE 14 CASE MANAGEMENT IN CIVIL CASES..........................PAGE
10 CLERICAL STEPS: Summons.........................PAGE
10 Pleadings.......................PAGE 10 Dismissals......................PAGE 10 Settled Cases...................PAGE 11
Mediation.......................PAGE 11 JUDICIAL STEPS:
Motions.........................PAGE 11 Civil Pre-Trials................PAGE 12 Continuances....................PAGE
12 Judgment Entries................PAGE 13 RULE 15 DEFAULT
JUDGMENT........................................PAGE 13 RULE 16 ASSIGNMENTS FOR
TRIAL...................................PAGE 13 RULE 17 POST-JUDGMENT
PROCEEDINGS...............................PAGE 14 RULE 18 FORCIBLE ENTRY & DETAINER...............................PAGE
14 RULE 19 RENT
ESCROW.............................................PAGE 14 RULE 20 SMALL
CLAIMS............................................PAGE 15
PART
II: CRIMINAL RULES RULE 21 CASE MANAGEMENT IN CRIMINAL
CASES.......................PAGE 16 Pre-Trials......................PAGE 16 Motions.........................PAGE 16 Trials..........................PAGE 17 Jury Instructions...............PAGE 17 Sentencing......................PAGE 17 Bail............................PAGE 17 RULE 23 APPEARANCE OF PERSONS NOT
ARRESTED......................PAGE 18 RULE 24 NOTICE TO DEFENDANTS WHO FAIL TO
APPEAR.................PAGE 18 RULE 25 SECURITY PROCEDURE.(See
manual).........................PAGE 18 RULE 26 COURT
APPOINTMENTS......................................PAGE 18 RULE 27 MEDIATION...............................................PAGE
19 MEDIATION...............................................PAGE
20 COST
SCHEDULE...........................................PAGE 21 COST
SCHEDULE...........................................PAGE 22
SYLVANIA MUNICIPAL COURT RULES OF PRACTICE The following rules effective July 1st,
1991 have been adopted by the Municipal Court of the City of Sylvania, Ohio,
pursuant to Article IV, Section 5(b) of the Ohio Constitution and Rule 18 of
the Rules of Superintendence for the Municipal and County Courts for the
purpose of promoting the administration of justice, expedite the disposition of
cases and serve the public interest.
Cite as SYL. M.C.R. RULE
1 : SESSIONS (A)
Court is in session daily from 8:30 a.m. to 4:30 p.m. Monday through
Friday, except for legal holidays and as otherwise ordered by the Court. (B) Arraignments will be heard on
Monday, Wednesday, and Friday at 8:30 a.m. and the 1st and 3rd Tuesdays each
month at 5:30 p.m. (C)
Small Claims will be heard twice monthly on Tuesdays at 5:30 p.m. (D)
Jury Trials will be heard on Tuesdays at 8:00 a.m. RULE
2 : ATTORNEYS (A)
Only attorneys regularly admitted to the practice of law in the State of
Ohio, or those certified to specially practice by the Supreme Court of the
State of Ohio, or those authorized by the Court, are permitted to practice in
the Sylvania Municipal Court. (B)
This rule does not prohibit an individual from acting as his or her own
counsel in any proceeding in this Court.
Corporations and partnerships shall, however, be represented by counsel. (C)
An attorney who has entered an appearance as counsel of record must
appear at all proceedings in the case unless an oral or written motion to
withdraw is granted by the Judge. (D)
Attorneys are directed to the Toledo Legal News which is the official
daily journal of the Sylvania Municipal Court for the purpose of service by
publication or as further designated by the Judge.
EFFECTIVE MAY 1ST, 1992 RULE
3 : FILING AND SERVICE OF COURT PAPERS
(A) All papers filed with the Clerk of Court
shall be originals
or legible copies, handwritten in ink or typewritten on 8 ½ x 11 inch
paper. Filings consisting of more than
one sheet of paper shall be securely fastened together. The use of covers or jackets is not
permitted. (B)
Each paper filed
by a party represented by counsel shall designate on the first page,
immediately beneath the title of the paper, the name, address, telephone number
and Supreme Court of Ohio attorney registration numbers of the attorney
responsible for the case. The correct
mailing addresses, including zip codes, for all parties and counsel shall be
listed. Pleadings which do not conform
to this rule may be ordered stricken from the file by the Court. (C) Pursuant to Rule
5(E) of the Ohio Rules of Civil Procedure, the court will allow the filing by
electronic transmission, through the Clerk of Court's Office, of complaints,
motions, pleadings, letters, documents and all other matters, not longer than
ten pages in length which may be filed in person or by mail with the following
provisions: (1)
The Clerk shall maintain a dedicated phone line of (419) 885-8987 to
accept electronic transmitted filings. (2)
An attorney must
provide all required identification on the first page of transmission in the
format prescribed in Rule 3(B) above.
Transmissions without such information will not be accepted. A transmitted document must be no longer than
ten pages and must pertain to only one case. FAX
FILING(amended 01-25-01):
(3) Pursuant to Rule 5(E) of the Ohio Rules of Civil Procedure this
Court will allow the filing by electronic transmission, through the clerk’s
office, of request for continuances, motions and other pleadings, in Civil and
Criminal cases, not in excess of ten
(10) pages. THIS COURT WILL NOT
ACCEPT ELECTRONIC FILING OF ANY DOCUMENT THAT MUST BE ACCOMPANIED BY A FEE OR
AN APPEAL DIRECTED TO THE SIXTH DISTRICT COURT OF APPEALS. The language “Filed by Fax” must appear on
any electronically filed document. The
facsimile will be accepted as the original to be filed with the Court. The sender’s original and fax confirmation
slip will serve as proof of filing. No
file stamped copy of an electronically transmitted document will be mailed to
any party The Court FAX machine will be on line
twenty-four (24) hours a day (419)885-8987.
A document will be considered received on the day transmitted if that
transmission takes place Monday
through Friday (except holidays) between the hours of 8:00 a.m. and 4:30 p.m.,
the next business day’s filing date will be applicable. After 4:30p.m., the next business day’s
filing date (D) In a civil case,
plaintiff, or plaintiff's attorney shall file with the complaint as may copies
as there are defendants to be served with a summons. A party may extend for 28 days the time
required to file a response to a complaint, a counterclaim, crossclaim, or
third-party complaint if written application is made to the Clerk of Court
beforehand. Additional extensions of
time may be granted by the court pursuant to Rule 6(B) of the Ohio Rules of
Civil Procedure (or by written stipulation of the parties) (E) Service shall be
made in accordance with the applicable Ohio rules of procedure, whether civil
or criminal. In civil cases, the bailiff
will be the usual process server when court orders must be personally
served. RULE
4 : DOCKETS AND RECORDS (A)
The Clerk shall maintain separate Civil and Criminal records and dockets
as required by law and ordered by the Court.
The orders of the Court in said dockets shall be validated by the
signature of the Judge or a facsimile thereof.
The dockets, together with the original papers filed therein, shall be
the final record of the cases of this Court. RULE
5 : JURY TRIALS Jurors shall be chosen by the Jury
Commissioner of the Sylvania Municipal Court as provided by law and summoned by
an officer of this Court. When a jury trial
is demanded and not used, a a jury fee of $10.00 per juror shall be assessed
against the party making the demand unless it is withdrawn by noon of the last
working day before the date set for trial.
A fee of $10.00 per person will be assessed as to all prospective jurors
in attendance on the day of trial. RULE
6 : COURT DECORUM As a matter of respect,
everyone inside the Courtroom must stand during the opening and closing of
Court. Proper attire is required of all,
particularly in the summer months. The
Courtroom space inside the railing is reserved for officials, counsel, parties
and witnesses. The bailiff and Court
officer shall see that no one impedes or disrupts the orderly conduct of the
business of the Court.
RULE
7 : WITNESSES Witnesses must answer to their names when
called or otherwise claim their attendance each day of trial, pre-trial or
hearing in order to be entitled to witness fees. RULE
8 : DESTRUCTION OF CASE FILES Destruction of case files are subject to the
provisions set forth in the Supreme Court Rules of Superintendence as follows: RULE 26. Court Records Management
and Retention. RULE 9 :
COURT REPORTERS The responsibility of arranging for the
attendance of a Court reporter as well as payment of fee for such reporter
shall rest with the attorney and/or party desiring the same. RULE 10 :
BROADCASTING AND PHOTOGRAPHIC COURT PROCEEDINGS (Pursuant to Rules of
Superintendence for Municipal Courts ) (M.C.
RUP. R.9) (A)
Requests for permission for the broadcasting, televising, recording or
taking of photographs in the Courtroom must be submitted to the Judge prior to
the scheduled time of commencement of the proceeding. (B)
The Judge residing at the trial or hearing shall permit the broadcasting
or recording by electronic means, and the taking of photographs in Court
proceedings open to the public, upon request, if the Judge determines that to
do so would not distract the participants, impair the dignity of the
proceedings or otherwise materially interfere with the achievement of a fair
trial. (C)
The request for permission, and the allowance of the request, must be in
writing and made a part of the record of the proceedings. (D)
The judge, after consultation with the media, shall specify the place or
places in the Courtroom where the operators and equipment are to be positioned. The equipment and operators to be allowed, as
detailed under the Rules of Superintendence for the Municipal Courts, M.C. Sup.
R. 9(B), is limited to the following: One (1) portable camera with one (1)
operator; no more than (E) The filming, videotaping, recording or taking of photographs of victims or witnesses who object shall not be permitted. The other limitations as provided by Rule
9(C), Rules of Superintendence for Municipal Courts, shall also be in effect at
all times. (F)
All pooling arrangements are the responsibility of the media
representatives. Such arrangements must
be made without involving the Court. If
any disputes arise, the Judge may exclude all contesting media representatives. (G)
Upon failure of any media representative to comply with the conditions
prescribed by the Judge, or the Superintendence Rules of the Supreme Court, the
Judge may revoke the permission to broadcast or photograph the trial or
hearing. RULE 11 :
ORDERS OF COURT Any order, decree, finding, or judgment
shall be entered by the Judge upon the journal entry in a criminal or traffic
case and upon the jacket in a civil case.
The required service of notice of
such journal entries shall be made upon the parties by the Clerk of Court. Any appealable order once journalized by the
Clerk will constitute the order in the case. RULE 12:
JURY MANAGEMENT PLAN (A) INTRODUCTION
This local Rule of Practice is being implemented in compliance with
Municipal Court Superintendence Rule 18(C), which requires that each municipal
court, prior to July 1, 1994, develop and implement a Jury Management
Plan. It is the purpose of this Rule to
implement an efficient and comprehensive system of jury use and management for
the Sylvania Municipal Court. (B)
JURY ELIGIBILITY
All persons are eligible to serve on a jury, except those who:
1. Are
less than 18 years of age 2.
Are not residents of the Sylvania Municipal Court jurisdiction. 3.
Are not citizens of the United States 4.
Are not able to communicate in the English language 5. Have
been convicted of a felony and have not had their civil rights restored.
All reasonable efforts shall be made to accommodate prospective
physically handicapped jurors who have special needs. (C) PROCEDURE FOR JURY SELECTION
Potential jurors shall be drawn from a jury source list which shall
constitute a list including all registered voters in the Sylvania Municipal
Court jurisdiction, by use of random selection procedures using automated data
processing equipment in conformity with O.R.C. Section 2313.08, and O.R.C.
Section 2313.21.
Each year, the jury commissioners, duly appointed by the court pursuant
to Revised Code Section 2313.01, shall convene and select a suitable number of
names to cover potential jury dates throughout the calendar year. The jury source list shall be reviewed and
unsuitable names purged from such list, in accordance with the powers provided
to jury commissioners by O.R.C. Section 2313.01.
If, in the opinion of the court, this jury source list is not
representative of the adult population of the jurisdiction, additional source
lists shall be utilized as authorized by law.
Further, random selection processes shall be utilized to assign
prospective jurors to specific panels and for assignment during voir dire.
Departures from random selection shall be permitted only as follows: 1.
To exclude persons ineligible for service. 2.
To excuse or defer prospective jurors. 3.
To remove prospective jurors for cause or if 4.
To provide all prospective jurors with an
and to be assigned to a panel.
All prospective jurors shall be notified by ordinary mail of their
requirement of service by the issuance of a summons directing them to appear on
the date assigned. The summons shall
include a jury questionnaire and, a request for excuse, exemption or a
deferral. Failure to respond to the
summons shall be noted by the Jury Commissioner. All action for enforcement of summons shall
be pursuant to the Ohio Revised Code. (D) SUMMONING OF PROSPECTIVE JURORS
Prospective jurors shall be summoned only upon the filing of a written
jury demand, if required. In civil
cases, upon filing the jury demand, a jury deposit of One Hundred Fifty Dollars
($150.00) shall be assessed. In the
event the deposit is not made, no jury will be summoned, and the failure to
make said deposit shall be deemed a waiver of the right to trial by jury. A person determined to be indigent may
petition the court for a waiver of the jury deposit requirement.
Prospective jurors shall be summoned to appear in sufficient numbers to
accommodate trial activity.
(E) WITHDRAWAL OF JURY DEMAND
In civil cases, when a jury trial is demanded and not used, a jury fee
of $10.00 per juror shall be assessed against the party making the demand
unless it is withdrawn by noon of the last working day before the date set for
trial. A jury fee of $10.00 per person
will be assessed as to all prospective jurors in attendance on the day of the
trial. In criminal cases, the Prosecutor's
Office will receive the court file of each case set for jury trial at least 21
days in advance of the scheduled trial date.
On the date the file is received by the Prosecutor's Office, the
prosecutor shall contact defense counsel and determine whether the matter will
be proceeding to trial by jury. At the
conclusion of the conference, the Prosecutor's Office shall prepare and file
with the court the Prosecutor's Report on Status of Jury Trial. If the Prosecutor's Report on Status of Jury Trial indicates that the case will be proceeding to jury trial, it shall then be the responsibility of defense counsel to notify the Prosecutor's Office and the Court if the case will not so proceed. Notice shall be given by the defendant to the Prosecutor's Office and the court no later than noon of the last working day before the day set for trial. If such notice is not given to the Prosecutor's Office and the Court, a jury fee of $10.00 per person shall be assessed against the defendant as to all prospective jurors for the scheduled trial.
(F) JURY INSTRUCTIONS Proposed jury instructions shall be filed in all civil cases by all parties fourteen (14) days prior to the date scheduled for trial, when a jury demand has been filed unless modified by court order.
(G) EXEMPTION, EXCUSE, AND DEFERRAL
All persons except those who exercise their right to exemption are
subject to service. Persons may be
deferred from service by a Judge or other authorized court official upon
application showing the necessity therefore which shall be in writing or
otherwise recorded. All requests for excuse and exemption must be made on the
form provided, and shall be accompanied by appropriate documentation.
The following factors constitute a partial, although not exclusive, list
of excuses for which a person may be excused from jury service: 1.
Any person whose ability to reason and evaluate
information is so impaired that they are unable
to perform their duties as jurors. 2.
Any person for whom service would be a continuing
hardship to them or to members of the public.
No person shall be excused from jury service, except by the Judge or an
individual specifically authorized to excuse jurors. (H) EXAMINATION
OF PROSPECTIVE JURORS
Examination of prospective jurors shall be limited to matters relevant
to determining whether to remove a juror for cause, and to determine the
juror's fairness and impartiality. Jury questionnaires indicating basic
background information concerning panel members shall be made available to
counsel, on the day on which the jury selection is to begin. Once jury selection has been completed, the
jury questionnaire will be collected by the bailiff and retained. If it is determined by the Court during
the voir dire process that an individual is unable or unwilling to sit in a
particular cause fairly and impartially, the individual shall be removed from
the panel. Such motion for removal for
cause may be made by counsel, a party if unrepresented, or upon the motion of
the court. Further, Ohio Revised Code
Section 2313.42 and Ohio Criminal Rule of Procedure 24(B) set forth additional
cause challenges which may be made against potential jurors. Peremptory challenges shall be exercised
alternatively as presently established by Revised Code Section 2945.23, and
Civil Rule 47, and Criminal Rule 24.
There shall be no limit to challenges for cause, however peremptory
challenges shall be limited to that number as established by the Rules of Civil
and Criminal Procedure.
(I) JURY ORIENTATION
Jurors shall report for orientation on the date and time noted in the
summons unless otherwise directed.
Orientation shall be conducted by the Judge in open court on the record.
The court shall also give instructions following the impaneling of the
jury to explain the basic and relevant legal principles.
Upon the completion of the case and prior to jury deliberations, the
court shall instruct the jury on the law and the appropriate procedures to be
followed during the course of deliberations.
In accordance with the Civil and Criminal Rules of Procedure, the
parties or their counsel may request that special instructions be given to the
jury.
A final jury charge shall, whenever, possible, be committed to writing,
and shall be provided to the jury for its use during deliberation.
All jurors shall be permitted to take notes during the course of the
presentation of evidence after proper instruction by the court. Jurors shall be permitted to submit written
questions of witnesses subject to court approval, and upon appropriate
instruction.
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 instruction.
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 as to such
communication. Under no circumstances
shall counsel, a party, or other witnesses, have any contact with jurors.
All jury deliberations shall be conducted in the jury deliberating
room. The jury deliberation room shall
include space furnishings and facilities conducive to reaching a fair verdict. Court personnel shall endeavor to secure the
safety of all prospective jurors, and shall arrange and conduct all activities
so as to minimize conduct between jurors, parties, counsel and the public. Upon the commencement of deliberations, all
jurors shall remain in the care of court personnel and shall not be permitted
to leave the court without permission.
Upon reaching a verdict, all jurors shall return to the courtroom where
the verdict or verdicts shall be read in open court. Upon the reading of the verdict, in criminal
cases, either party may request that the jury be polled. CONCLUSION
The court shall collect and analyze information regarding the
performance of this jury management plan through the use of a juror exit survey
and other methods designated by the court and the jury commissioner.
PART II :
CIVIL RULES RULE 13 :
COSTS (eff: 01-01-00) (SEE COST SHEET ATTACHED TO BACK) RULE 14 :
CASE MANAGEMENT IN CIVIL CASES (A)
Purpose: The purpose of this rule
is to establish, pursuant to M.C. SUP. R. 18, a system for civil case
management which will achieve the prompt and fair disposal of civil cases. (B)
Scheduling of Events: The
scheduling of a case begins when a civil case is filed. Thereafter, the case is managed in four (4)
clerical steps and four (4) Court judicial steps. CLERICAL
STEPS (1)
SUMMONS:
Shall be served in accordance with the Ohio Rules of Procedure. In the event there is a failure of service,
the Clerk shall notify counsel immediately.
If counsel fails to obtain service of summons within six (6) months from
the date of the cause of action has been filed, then the Clerk shall notify
counsel or plaintiff if not represented by counsel that the case will be
dismissed in thirty (30) days unless good cause is shown to the contrary. (2)
PLEADINGS: After any responsive pleading is filed,
the Clerk shall forward said pleading and file to the Judge so the matter may
be set for a hearing where appropriate. (3)
DISMISSALS: (A)
In accordance with M.C. SUP.R.6(A), cases which have been on the docket
for six (6) months without any proceedings taken therein, except cases awaiting
trial, shall be dismissed, after thirty (30) days written notice to counsel of
record or to the plaintiff if plaintiff is not represented by counsel. (B)
When an action in this Court is dismissed without prejudice for want of
prosecution, for failure to comply with an order of the Court, or by the
plaintiff voluntarily, all proceedings by the plaintiff in any subsequent suit
upon the same cause of action shall be stayed until the costs of the former
action are paid, unless otherwise ordered by the Court. (C)
Cases dismissed under the Rule may be reinstated only upon written motion
showing good cause filed within ninety (90) days of the dismissal. Upon granting of a motion to reinstate,
movant shall pay appropriate filing fees to the Clerk of Court. (4) SETTLED
CASES: (A)
When a file has been marked "settled" and the entry has not
been received within thirty (30) days, then the Clerk shall notify the party
that the case will be dismissed unless the entry is received within thirty (30)
days. (5) MEDIATION (See
Rule 27, page 19) JUDICIAL
STEPS (1)
MOTIONS: Any motion, unless made during a hearing
or trial, shall be in writing and shall state with particularity the grounds
therefore, and shall clearly state the relief or order sought. Any motion, unless made during a hearing
or trial, shall be submitted and determined by the Court upon the briefs served
and filed as hereinafter provided, unless an oral hearing is required or
allowed by the Court. No oral argument
will be allowed except by a party entered prior to final submission of said
motion. The moving party shall serve and file
with the motion a brief containing the reason and authorities which support
said motion. If consideration of facts
not appearing of record is required, movant shall serve and file copies of
those documents, exhibits and affidavits offered in support of the motion
simultaneously with the motion. Unless otherwise ordered by the Court,
opposing counsel or party shall serve and file an answer brief, along with attachment
and materials offered in opposition to a motion, within fourteen (14) days
after service of such motion.
Movant may file a reply brief only with permission of the Court, which
shall be granted upon a showing of necessity.
Therefore, any such brief permitted shall be served and filed within
seven (7) days of service of the brief opposing the motion unless otherwise
ordered by the Court. Any motion shall be deemed submitted to
the assigned Judge on the seventeenth (17th) day after such motion is filed
with the Court or when an answer memorandum is filed, whichever is
earlier. In the event that leave is
granted to file a reply brief, the motion shall be deemed submitted on the
twenty-fourth (24th) date after such motion is filed or when the memorandum
brief is filed, whichever is earlier. Any motion to strike a pleading shall
quote all words which are sought to be stricken Motions to withdraw as attorney of record
and to revive action shall be considered ex parte in nature and shall be
accompanied by an order for signature by the Judge. (2)
CIVIL PRE-TRIALS In any civil action, the Court may, in
its discretion, with or without request or motion of a party, assign the case
for pre-trial conference. The assignment
commissioner shall notify all counsel of record and any unrepresented parties,
of the time and place of the pre-trial conference. The parties and their counsel, if they are
represented, shall appear before the Court fully prepared to discuss and
consider the following: (1) Possibility
of settlement of the case; (2) If
a jury demand has been requested, the possibility of waiver of jury demand (3) Amendments
to pleadings and outstanding motions; (4) Any
existing discovery problems; (5) Stipulations
of facts; (6) Need
for expert witnesses; (7)
Need for trial briefs; (8)
Determination of trial date and time required for trial; (9)
Jury instructions; The Court may prepare a written order
reciting the action taken at the pre-trial conference. The order, when filed, shall control the
subsequent proceedings in the case unless it is modified in order to prevent
manifest injustice to any of the parties. Unless a settlement is agreed upon in the pre-trial conference, the Court shall not refer to any settlement negotiation either directly or indirectly in any later proceeding.
(3)
CONTINUANCES Except in cases of emergency where good
cause is shown, no party shall be granted a continuance of a trial or hearing
without a written motion from the party or his counsel stating the reason for
the continuance. When a continuance is requested for the
reason that counsel is scheduled to appear in another case assigned for trial
on the same date in the same or other trial Court of the State, the case which
was first set for trial shall have priority and shall be tried on the date
assigned. Criminal cases assigned for
trial have priority over civil cases assigned for trial. The granting of any other request for
continuance of a scheduled trial is a matter within the discretion of the trial
Court. If a designated trial attorney has such a
number of cases assigned for trial so as to cause undue delay in the
disposition of such cases, the Court may require the attorney to provide a
substitute trial attorney.
(4)
JUDGMENT ENTRIES The judgment specified in Rule 58 of the Ohio Rules of Civil Procedure shall be journalized within thirty (30) days of the judgment. If the entry is not prepared by counsel, it shall be prepared by the Court and filed with the Clerk of Court for journalization.
RULE 15 :
DEFAULT JUDGMENT (A) In a civil case, when a defendant is in
default for appearance or answer, judgment shall be rendered in accordance with
Rule 55(a) of the Ohio Rules of Civil Procedure. (B)
If the defendant has failed to plead or otherwise defend (having entered
no appearance), the Court may grant a default judgment immediately upon written
or oral motion in a case involving documentation supporting the claim. (C)
If the defendant has failed to plead or otherwise defend, the Court may
grant a default judgment in the amount of the prayer if the action is for
recovery of money only arising out of damages to personal property and if an
affidavit with supporting documentation signed by a party with actual knowledge
is filed verifying that the prayer of the complaint reflects a reasonable cost
of repairing the property or its diminution in value, whichever is less. (D)
The parties seeking relief by default judgment shall file with the Clerk
of Court an affidavit in compliance with the Soldier's and Sailor's Civil Relief Act,
50 U.S.C. Section 520(1). Failure to
file proper affidavits shall render the judgment voidable as provided by
Federal Law. (E)
If the defendant has entered an appearance in the action, in accordance
with Civil Rule 55(A), a hearing shall be set on the application for the
default judgment with defendant or defendant's representative being given at
least fourteen (14) days notice before the hearing date. (F) Any request for attorney
fees must be supported by applicable law and include an itemized fee statement. RULE 16:
ASSIGNMENTS FOR TRIAL When a case is at issue, either the
plaintiff or the defendant may request that the case be assigned for trial. The Judge may also set a case for trial at
any time after the case is at issue. All cases shall be heard on the day of
assignment, continuances being granted only upon a showing of good cause. (A)
Filing of a satisfaction of judgment entry which the Clerk of Court
approved by plaintiff or plaintiff's attorney of record will satisfy judgments
of this Court. (B)
Proceedings in aid of execution will be scheduled by the Clerk of
Court. Judgment debtors who have been
personally served and yet fail to appear may be held in contempt with a bench
warrant being issued for their arrest. (C)
If more than one (1) garnishment is filed against a debtor on a specific
day, the earlier time-stamped garnishment will have priority over the later
filed. RULE 18 :
FORCIBLE ENTRY AND DETAINER (A)
The service of summons on the defendant shall be in accordance with the
Ohio Civil Rules. Such service must be
at least five (10) days before the date set for trial. The trial date shall be set as close to
fourteen (14) days from the date of filing as possible. (B)
Demand for trial by jury shall be filed in accordance with Ohio revised
Code Section 1923.10, but not later than three (3) days before the trial date. (C) At the time set for trial the plaintiff and
plaintiff's attorney shall be present in Court.
Failure to comply with this rule shall result in a dismissal of the
case. (D)
In the event that the defendant fails to appear at the hearing for restitution
of the premises, no default judgment shall be ordered unless testimony is taken
from plaintiff regarding the proper form and service of the "three (3) day
notice" on the defendant and the grounds for restitution of the premises. RULE 19 :
RENT ESCROW (A)
A tenant may deposit with the Clerk of Court all rent money becoming due
to a landlord, by filing an application in accordance with Sections 5321.07 or
3733.121 of the Ohio Revised Code. (B)
Service by the bailiff upon the landlord shall be by personal or
residence service in accordance with Rule 4.1(2) or (3), Ohio Rules of Civil
Procedure. (C) Upon request a hearing date will be
scheduled. (D)
At the hearing, the tenant shall establish, by a preponderance of the
evidence, the grounds upon which the application for rent escrow was
filed. Specifically, the tenant must
prove: (1)
That reasonable notice was given to the landlord (2) That the landlord had violated a statutory orcontractual duty justifying an application for rent escrow, and (3)
That the tenant was current in his rental payments (E)
If the tenant fails to satisfy the burden of proof set forth in subsection
(D) above, the Court shall proceed in accordance with Ohio Revised Code Section
5321.09(C). RULE 20 :
SMALL CLAIMS (A)
Small Claims proceedings shall be governed by Ohio Revised Code Chapter
1925. Claims shall be for the recovery
of money only not to exceed three thousand ($3,000.00) dollars. (B)
Cases filed in the Small Claims Division shall be heard at 5:30 p.m. on
the first and third Tuesdays of each month, but no more frequently than twice a
month unless dictated by an increase in filings. (C)
In all unliquidated damage cases where the defendant appears personally
or through counsel or files an answer, the case shall be assigned to the Small
Claims Docket without further deposit of cost, but subject to this Rule. Any written document received from the
defendant prior to hearing shall be construed to be an answer, and is to be
considered as such in any application for default judgment.
PART
III : CRIMINAL RULES |