Local Court Rules
|Rule 1.01||Scopes and Applicability of Rules; Division of Court|
|Rule 1.02||Terms of Court; Hours and Sessions|
|Rule 1.03||Administrative Actions|
|Rule 1.04||Records of the Clerk|
|Rule 1.05||Filing and Assignment of Cases|
|(A) Consecutive Numbers|
|(B) Assignment of Cases|
|(G) Attorney's of Record|
|Rule 1.08||Deposit for Costs|
|Rule 1.09||Jurors/Jury Trials|
|Rule 1.10||Community Control Sanctions|
|Rule 1.11||Broadcasting and Photographing|
|Rule 2.01||Civil Practice and Procedure|
|Rule 2.03||Service of Process|
|Rule 2.04||Service by Publication|
|Rule 2.05||Extension of Time for Filing|
|Rule 2.06||Copies of Pleadings|
|Rule 2.07||Journal Entries|
|Rule 2.09||Post Judgment Filing|
|Rule 2.11||Judgment Debtor Examination|
|Rule 3.01||Case Management Rules for Small Claims Court|
|Rule 4.01||Case Management Rules for Criminal Cases|
|Rule 4.02||Procedure Governing Criminal Pre-Trial Conference|
|Rule 5.01||Cases Transferred From Mayor's Court|
|Rule 6.01||Cases Management Rules for Traffic Division|
|Rule 7.01||Cases Management Rules for Regular Civil Cases|
|Rule 8.01||Cases Management Rules for Forcible Entry & Detainer Hearings|
|Rule 9.01||General Order of Reference for the Magistrate|
Scope and Applicability of Rules;
Division of Court
The Rules hereinafter set forth shall apply to the Brown Municipal County Court of Brown County, Ohio, for the conduct, government and management of business, operations, proceedings and other functions and services of the Court. The Court may amend and supplement the Rules from time to time.
The Brown County Municipal County Court consists the following divisions:
- Small Claims
These Rules are intended to supplement and complement the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure, and the Superintendence Rules of the Supreme Court of Ohio, and other controlling statutes in their application and administration in proceedings in the Court.Back to Top
Terms of Court; Hours of Sessions
The term of the Brown County Municipal Court is one calendar year.
Regular sessions of court shall be Monday through Friday, from 8:00 a.m. to 4:00 p.m. These hours may be extended or reduced to accommodate special circumstances at the Court's discretion.Back to Top
The Judge shall have full control over the administration, docket and calendar of the Court, cause cases to be assigned to the Magistrate and to particular sessions pursuant to these rules and formulate accounting and audit systems with the Court and in the Clerk's office which insure the accuracy and completeness of all reports required by the Rules of Superintendence.Back to Top
Records of the Clerk
The Clerk shall keep and have in his/her custody all dockets, books and public records as required by law. All pleadings must be presented to the Clerk's Office to be file stamped.
All public documents filed with the Clerk of Court's Office are subject to imaging and may be placed on the Court's website for viewing. Beginning in August of 2016, the daily record of all Court Orders shall be journalized using the E-Journal Docket System.
All files shall remain in the Brown County Municipal Court building except upon written permission from the Municipal Court Judge or Clerk or their designee.Back to Top
Filing and Assignment of Cases
(A) Consecutive Numbers
All civil and criminal actions brought by this Court shall be numbered consecutively as filed, and shall be entered upon the civil docket or criminal docket as numbered. Subsequent filings shall include the number of the case.
(B) Public Access
Once a document is filed, it shall be docketed and placed in the appropriate file. During business hours, the public may view a file in the presence of a Deputy Clerk. If copies are desired, the Deputy Clerk will make the copies as desired by the viewer.
(C) Facsimile Filing
All pleadings, motions, or other documents other than the original complaint or any other pleading that joins or adds a new party, may be transmitted to the Court by facsimile transmission. No document shall be filed by facsimile that requires a filing fee (see Appendix F for the list of pleadings that require a filing fee). The Clerk of Courts fax number is (937) 378-2462. The Clerk will not accept fax transmittals that exceed fifteen (15) pages. A document filed by facsimile shall be accepted as the original filing.
Any risk associated with transmitting a document electronically shall be borne by the sender.
Continuances shall not be granted except by written motion and granted with or without hearing as determined by the Judge or Magistrate. Reason for the continuance request shall be set forth in the Motion. A proposed entry shall be submitted with the Motion.
When necessary or proper, a Judge may disqualify himself or herself from a particular case. In those circumstances, written entry shall be attached to the case setting out the disqualification, and a request will be made to the Ohio Supreme Court for a visiting Judge or the Court may appoint an Acting Judge.
(F) Attorneys of Record
- All pleadings and motions served and filed on behalf of any party represented by counsel shall be signed by one attorney in his individual name as the trial attorney with office address including zip code and telephone number, and Ohio Supreme Court registration number. Firm names and the names of co-counsel or associate counsel may appear for information only as "Of Counsel".
- All copies of pleadings or other court filings and notices of all subsequent proceedings shall be serviced upon the trial attorney, or the party if unrepresented.
- The attorney of record shall appear personally at all stages of the proceedings unless excused by the Judge.
- Trial attorneys may withdraw from a matter pending only on written motion, hearing and entry.
- Withdrawing counsel shall notify the client and opposing counsel of the Motion to Withdraw.
- Legal Advice
The Clerks's Office shall accept for filing any documents submitted to them. The employees of the Clerk's Office are not attorneys and are not by law allowed to give legal advice.
- All persons, except those who may be denied bail under Article I, Section 9 of the Ohio Constitution, are entitled to bail. Unless application is made for discharge of the surety, the same bond shall continue as a matter of right until the final disposition of the case.
- No attorney at law or other officer of the Court, or police officer of Brown County or any political subdivision therein shall be accepted as a surety nor shall receipt for cash bail be issued to them unless they are Defendants.
- Upon the forfeiture of bond and payment into Court of the sum forfeited, the Clerk shall first satisfy any and all costs in the case. With the written consent of the person posting a cash bond, upon disposition of the case the Clerk will deduct all fines and costs due form the case from the cash appearance bonds posted by a Defendant or by another person on behalf of the defendant before any refunds are made. The balance of a cash appearance bond after deductions, if any, will be refunded to the person who posted the cash appearance bond upon presentation of the receipt when the case is concluded.
- Defendant may elect if he/she has posted a cash appearance bond, to apply the cash bond as a payment for a minor misdemeanor disposition without a Court appearance pursuant to Criminal Rule 4.1 and in appropriate cases under Traffic Rule 13 with written consent of the person posting the cash bond. If the violation does not require a mandatory court appearance, the Defendant may pay out the violation without making a Court appearance if paid within 30 days of the initial appearance date. Any citations not paid within 30 days of the initial appearance date can result in license forfeiture and a bench warrant being issued. All fines and costs can be made by cash, certified check, cashier check, money order, or approved credit card (including convenience fee).
- Unless bail has been set by order of any Judge of the Court pursuant to Criminal Rule 46, a person charged for a misdemeanor enumerated
in the Court’s bail bond schedule, and who is not released pursuant to Criminal Rule 4(F), or has not appeared before a Judge pursuant to
Criminal Rule 5, shall be eligible for release by doing the following:
- Posting in the amount set by the bail bond schedule, a surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash at the option of the defendant.
All matters which come before the Court shall be recorded by any means and media approved by the Judge which includes but is not limited to digital audio and visual recording devices and medium of any type as well as digital or analog tapes. Use or placement of any type of recording media or device to be used to record court proceedings in any place in the courthouse shall be deemed to be in compliance with this rule and approved by the Judge.
All audiotapes will be maintained on file for a period of three (3) years unless an appeal is pending and a request is filed with the court requesting that the audiotapes be maintained for a longer period of time..Back to Top
Deposit for Costs
Civil actions will not be accepted by the Clerk for filing without a deposit to secure the costs, see the Brown County Municipal Court Civil Cost Requirements attached as Appendix "A". The Clerk may require the said deposit to be increased from time to time, or a deposit to be made by a counter, cross or third party claimant, so as to secure all costs that may accrue.
Civil Matters will not be assigned for a Jury Trial without an additional deposit of $450.00.
Where any party required to deposit or secure costs by affidavit shows inability to pay, the Clerk shall submit such affidavit and claim to the assigned Judge, for review before accepting for filing.
In all criminal cases, costs shall be taxed for the following: witness fees, service and ordered costs as provided by law. A list of costs shall be compiled per Ohio Revised Code on an annual basis and shall be posted in the office of the Clerk of Courts.
Costs shall include service of execution of process whenever necessary.Back to Top
The names of potential jurors shall be drawn from a Jury Source List compiled from one or more regularly maintained lists of persons residing in the Court's jurisdiction
The Clerk's Office summons the Jury two (2) weeks before the scheduled Jury Trial. Jurors reporting, impaneled or sworn in any case shall receive the same prevailing compensation of Jurors in the Court of Common Pleas.
The Cost associated with summoning jurors and the fee paid to jurors shall be taxed as Court cost pursuant to the Ohio Revised Code 1901.26.Back to Top
Community Control Sanctions
- The Court will determine eligibility for community control sanctions (CCS). Any defendant who is referred to CCS shall meet with the probation officer immediately following sentencing. In the event the probation officer is unavailable to meet with the defendant, it shall be the defendant's affirmative duty to schedule an initial appointment.
SEE APPENDIX B
- Monday through Friday 8:00am to 3:30 pm
- If you are reporting to probation for the purpose of drug testing as a condition of your bond, then you will need to report at the time set by the Probation Department
- Failure to appear for a scheduled drug test or probation hearing may result in a bench warrant being issued and/or bond revoked.
Broadcasting and Photographing
The Court finds it necessary for the safety, security and maintenance of all Court proceedings to issue certain orders governing the conduct of all participants and those in attendance at trials.
- Right of the Public to Attend Court Proceedings
- All member if the public shall be permitted access to all court proceedings consistent with the Ohio Supreme Court and the Code of Judicial Conduct.
- Cell phone and other personal electronic devices shall be turned off before entering the courtroom.
- No one shall interfere with, impeded or attempt to impede or interfere with the Sheriff's Department in the transportation of any defendant from the jail quarters to the courtroom for the purpose of appearing for court proceedings.
- Media in the Courtroom
- Request for permission to broadcast, televise, photograph, or otherwise record proceedings in the courtroom shall be made in writing to the Judge prior to any broadcasting, etc. The written request shall become part of the record.
- The Judge, if allowed, shall grant the request and record the permission in writing.
- No more than one video camera shall be used in the courtroom. Each camera shall have one operator. No artificial lighting shall be used in the courtroom.
- Due to limited space facilities and exits from the courtroom all persons using photographic and recording equipment int he courtroom shall be in the designated area before the Court convenes and shall not leave until Court recesses or adjourns for the day.
- No juror shall be videotaped. No witness or party who has objected to recording will be recorded unless the Court has determined that there is no reasonable cause for such objection.
- The Court may record by digital means any public proceeding, trial, hearing, arraignments or other proceedings under this Rule and the use of such recordings shall be in accordance with law or by Order of this Court.
Civil Practice and Procedure
- All civil actions are hereby divided into the following:
- Regular Civil Division - All civil cases in which the amount in controversy is less than $15,000 can be heard
through the Brown County Municipal Court.
- Personal Injury & Property Damages
- Forcible Entry and Detainer Actions
- Other Civil
- Small Claims Division - Civil cases in which the monetary judgment is under $6,000.
- If the Plaintiff is not the original holder of the debt, all complaints must contain proof that the Plaintiff is the owner of the debt at the time of the filing.
- All motions for Default Judgment shall be accompanied by an entry with the rate of interest at the statutory rule. Further shall contain evidence of the debt from $0 to the amount claimed. Failure to submit the required entry will result in the Motion for Default being set for an entry on damages and the plaintiff being required to prove its request for an interest rate that exceeds the statutory rate.
- Regular Civil Division - All civil cases in which the amount in controversy is less than $15,000 can be heard through the Brown County Municipal Court.
- Civil Actions, except small claims, shall be commenced by filing in the office of the Clerk,
- Full name and phone number and, if known, the residential address of each Plaintiff or an address at which service of process may be obtained.
- The full name and, if known, the residence address of each Defendant.
- A statement in plain and direct language of the facts constituting the cause of action with sufficient certainty to fairly inform the Defendant(s) of the nature of the case he is called upon to defend.
- If pleading a contract, set forth whether the agreement was oral or in writing; and, if in writing, attach a copy thereof.
- A statement of the amount claimed or the relief demanded.
- See Rule 1.08 regarding deposit for costs.
- Corporations and Limited Liability Companies MUST be represented by counsel.
- A complaint shall be filed the date it is received by the Clerk of Court's Office.
Service of Process
The Clerk's Office shall forthwith issue summons to said defendant(s) by certified mail to the address listed on the complaint, unless stated otherwise.
Service of Process as to first caused of actions in forcible entry and detainer actions shall be in accordance with Ohio Revised Code 1923.06.Back to Top
Service by Publication
Service by Publication shall be made pursuant to Ohio Rules of Civil Procedures section 4.4Back to Top
Extension of Time For Filing
Pleadings & Motions
Leave for extension of time to plead will be granted only on approval of opposing counsel or on motion, in writing, showing good cause accompanied by proof of notice to opposing counsel.
Motions for extension of time to plea will ordinarily not be granted, without approval of opposing counsel.Back to Top
Copies of Pleadings
It shall be the duty of Plaintiff or his counsel to furnish to the Clerk, at the time of filing of Complaint, one copy of the Complaint for each Defendant to be served and the Clerk shall issue such copies with summons. It shall be the duty of the party or his counsel filing any suit pleading or motion to show proof of mailing copy to opposing party or counsel at the address of record.
Failure of party offering pleading or motion to comply with this rule may be cause for striking the motion or pleading from the record.Back to Top
All entries shall be legibly typewritten or printed on paper securely bound at the top.
In all cases in which parties are represented by counsel, prevailing counsel shall, within five days after the announcement of decision, prepare a Journal Entry giving effect to such decision and submit same to opposing counsel. If the opposing counsel refuses to approve within ten days, or if there be no opposing counsel, same shall be submitted to the Court. If no entry is received, an entry shall be prepared by the Court and filed within thirty days of trial. Default entries, including an order to garnishee in wage attachment cases, will be prepared by Plaintiff's counsel or Plaintiff, and submitted to the Court within five days after default or answer of garnishee, whichever is later.
In all cases in which a judgment ir dismissal entry is required, the Court may order that counsel shall prepare the entry. The entry shall be filed within thirty days; however, if the entry is not present to the Court within the thirty days, the Court may prepare and file the same. Judgment entries prepared by counsel shall have instructions to the Clerk pursuant to Civil Rule 58 (B).Back to Top
- All motions, unless made during a hearing or trial, shall be made in writing and the Clerk shall accept for filing only those motions (other than motions for a new trial pursuant to Civil Rule 59) which are accompanied by a memorandum in support of the motion which shall be a brief statement of the grounds for the same, with citation of authorities relied upon, and (except in the case of an ex parte motion or an agreed entry situation) proof of service in accordance with Civil Rule 5.
- Any memorandum contra to said motion shall be served upon movant's attorney, or if there be none of record, upon movant, within seven days from the date of memorandum in support of the motion and proof of service thereof, was served. Failure to serve and file a memorandum contra may be cause for the Court to grant the motion as served and filed. A reply memorandum may be served and filed within seven days of the service of the memorandum contra. The time periods set forth in this paragraph may be extended by the Court, for good cause shown, upon applications therefore.
- All motions for a definite statement, pursuant to Civil Rule 12(E) and all motions to strike pursuant to Civil Rule 12(F) shall set out the language in full, sought to be stricken or claimed to be indefinite.
- Upon the filing of any motion which requires a notice hearing by reason of the Ohio Rules of Civil Procedure or any other provision of law, or upon which oral argument is automatically granted in accordance with this paragraph (other than one which may be heard ex parte) or an agreed entry situation the attorney filing such motion shall obtain a date for such hearing and shall promptly notify the other parties to the action, on their respective attorneys of record, in writing, of the date and time of the hearing and file proof of service of said notice of hearing with the Clerk, prior to the hearing. Other than motions interposed under Civil Rule 55(A), the hearing obtained shall take into account the time periods set forth in Paragraph (C) hereof.
- At the time a written motion is interposed in accordance with Paragraph (B) hereof, the movant may submit to the Clerk, with his motion, an agreed entry signed by all parties or their attorneys, which motion and entry shall immediately be submitted by the Clerk to the proper Judge of this Court or a Magistrate under Paragraph (A) hereof for approval of the entry by the Judge or Magistrate.
Post Judgment Filing
After the final judgment entry is filed, no additional pleadings shall be accepted by the Clerk until all court costs incurred in the case are paid in full.Back to Top
All garnishment proceedings shall be in accordance with Ohio Revised Code 2716, and the garnishment papers will be correctly filed. The Clerk of Courts shall not accept for filing any garnishment papers not complying with this rule.Back to Top
Judgment Debtor Examination
The Clerk's Office will forward Order for Judgment Debtor Examination to the Judge for signature who will then forward Order to the Assignment Commissioner to set for hearing. The Clerk's Office will process service once the Order is filed.
If the Judgment Debtor fails to appear at the hearing after having been served with the order to appear, it is the duty of the Judgment Creditor or their attorney to file appropriate papers to initiate contempt of court proceedings.Back to Top
Case Management Rules for Small Claims Court
Pursuant to Ohio Revised Code 1925
A small claim action is commenced by filing a small claims petition with the appropriate filing fee with the Clerk of Courts. The defendant is not required to file an answer or statement of defense (unless defendant desired to file a counter-claim demanding relief. A party filing a counterclaim is required to deposit the costs required to file a small claims suit. In the event an answer is filed containing a new matter, the new matter will be deemed denied by plaintiff and the case may be set for hearing on the filing of the answer. However, should the defendant(s) fail to appear for the hearing, after being duly served, then the default judgment will be entered against the defendant.
Pursuant to Ohio Revised Code 1925.10, upon filing of a Motion, Affidavit, and upon payment of the required cost to have a small claim transferred to the regular civil division, the matter will be transferred.
The Court Trial shall be conducted by the Court. Al partied and their witnesses shall appear in Court on the Court Trial date, prepared for trial. The Judge or Magistrate shall place all parties who plan to offer evidence under oath. The Plaintiff(s) and Defendant(s) may subpoena and call witnesses if they desire to do so. The Ohio Rules od Evidence and the Ohio Rules of Civil Procedure wil apply, however the Court will allow, within the bounds of fairness, all exhibits and testimony that is relevant to the issue before the Court.
Court Cost is taken out of the deposit, any money left thereafter will be refunded to the party who posted the deposit or as otherwise directed by the Court. The party being awarded judgment can pursue collection on the Judgment.Back to Top
Case Management Rules for Criminal Cases
- The purpose of this rule is to establish, pursuant to M.C. Sup. R 18, a system for criminal case management which will provide the fair and impartial administration of criminal cases. These rules shall be construed and applied to eliminate unnecessary delay and expense for all parties involved in the Court Justice System.
- Scheduling of Events after Arraignment is managed in four (4) Judicial Steps
After arraignment, all misdemeanors, except minor misdemeanors, shall be set for pretrial by the assignment commissioner within thirty (30) days. All minor misdemeanors shall be set for trial unless the judge orders a pretrial in said case. The pretrial shall be conducted in accordance with Criminal Rule 17.1 and a pretrial entry of the matters agreed upon should be filed in said case. Any attorney who fails to appear for pretrial without just cause being shown may be punished for contempt of court.
All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel. Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure. At the discretion of the Judge or as required by law, motions may be set for oral arguments.
Each case not resolved at pretrial shall be set for trial to court. If a jury demand is timely filed, then the case will be moved to the jury trial schedule. All attorneys shall notify the Clerk's Office two (2) weeks before a jury trial whether the case is to proceed to jury trial. Once the Clerk's Office issues a jury venire the cost of calling the jury is charged to the case. All attorneys shall notify the Court by 9:00 am of the day preceding their trial of any change in plea or cost will be attached to their case.
Procedure Governing Criminal Pre-Trial Conference
Pursuant to Ohio Revised Code 1925
Pursuant to this local rule, once a criminal case has been assigned and given a pre-trial date and the defendant is represented by counsel, it shall be incumbent upon the State and the defendant's counsel, to confer at the earliest possible time with one another relative to any issues of discovery as requested and permitted under the Ohio Rules of Criminal Procedure.
At the time and place set for pre-trial conference, all parties and their representatives to the criminal proceeding, that is, the Prosecutor for the State of Ohio, the defendant, and defendant's attorney of record, shall be present and shall have authority to act and consider all matters pursuant to this rule as are relevant to the case in issue and Criminal Rule 17.1 of the Ohio Rules of Criminal Procedure.
At the pre-trial conference, the State shall present its position on the case at bar, and the defendant and the defendant's attorney, shall, upon review of the State's position, determine whether or not this matter shall be set for trial on the merits, pending motions in limine or to suppress evidence, or disposed of through negotiated plea with concurrence of the defendant.
In the event that no agreement is reached between the State of Ohio and the defendant, then the case will be set for trial with notice and a memorandum in accordance with Rule 17.1 of the Ohio Rules of Civil Procedure as to date and time of trial being given personally by the Court to all parties present to the date and time of trial. No continuances will be granted once a trial date has been set other than for good cause shown and upon motion and entry signed by the parties and approved by the Court.
Based on the requirements of this local rule, it is incumbent upon all parties to the case to be present at the pre-trial when called and be prepared to proceed forthwith in accordance with this rule. Failure to adhere to this rule may result in appropriate sanctions as permitted by law and found necessary in the circumstances by the Court. Pre-trial conferences will be set by the Clerk of the Court in blocked intervals of one-half hour of time periods with four (4) hearings allotted within each block.Back to Top
Cases Transferred From Mayor's Court
Upon transfer of a case from a Mayor's Court within the jurisdiction of the Brown County Municipal Court, the following procedure will occur:
- The Mayor's Court shall submit a Judgment Entry of Transfer from their Court along with the original pleadings and file it in the Brown County Municipal Court.
- If there is any bond, bond will be transferred to the Municipal Court.
- The Court will assign the matter for arraignment and notify all parties.
Case Management Rules for Traffic Division
- Pursuant to Ohio Traffic Rule 13, Brown County Municipal Court hereby establishes a Traffic Violation Bureau and appoints the Clerk of Courts as the Traffic Violations Clerk for the purpose of collecting fines, giving receipts, and rendering accounts to the bureau.
- Filing of Electronically Produced Tickets
SEE APPENDIX "C" AMENDMENT TO LOCAL TRAFFIC RULES
- Arraignments for Traffic Violations is Monday through Thursday at 9:00am
- At the Arraignment hearing if the Defendant enters a "Not Guilty" Plea, the matter will be set for a pre-trial.
- Record Retention for Electronic Tickets
SEE APPENDIX "D" RECORD RETENTION
Case Management For Regular Civil Cases
- 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.
- 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.
- Perfection of Service - Plaintiff or Plaintiff's Attorney is responsible for checking on service, the Court's docket
is online and can be viewed at www.clerkofcourtsbrowncountyohio.org
- The party being served has twenty eight days to answer the complaint after service is perfected.
- The party may choose not to file answer. Default judgment may then be granted without hearing.
- Answer Filed - After any responsive pleading is filed, the clerk shall have the case set for pre-trial.
- Pre-Trial Hearing
- The primary purpose of the pre-trial conference is to determine how the case will proceed including setting a deadline for filing of motions and a trial date.
- All pre-trials shall require the counsel of record to appear unless leave is given by the Court to appear by telephone. All counsel appearing as a substitute shall have full knowledge of the case or direct access to counsel of record. Telephone pre-trials shall begin after all parties are connected.
- All counsel of record and their parties are expected to be present at the Pre-Trial Hearing fully authorized to act and negotiate on behalf of the parties that they represent.
- Dispositive Motions - All Motions must be in writing and accompanied by a written memorandum containing citations or the
arguments of counsel. There will not be oral hearings unless the parties requested an oral hearing in writing and/or the Court deems it
- Default Judgment
If no answer is filed, the Court may grant Default Judgment without a hearing.
- Summary Judgment
Any response to a Summary Judgment shall be filed within fourteen (14) days after the filing of the Motion. Any reply shall be filed within seven (7) days of the Defendant's response.
- Default Judgment
Case Management Rules for Forcible Entry & Detainer Hearings
- All forcible entry and detainer cases shall be set for hearing pursuant to the time limits set forth in the Ohio Revised Code.
- At that hearing, the Ohio Rules of Evidence and the applicable Ohio Rules of Civil Procedure will be applied.
- If the Plaintiff filed a second cause of action for money damages in the complaint, then the hearing for that cause shall be scheduled at a later date at the hearing. Service of the complaint on the Defendant is required before Judgment can be rendered for money damages. A hearing for money damages cannot be heard until twenty-eight (28) days after service of the complaint on the Defendant.
- The Plaintiff's failure to appear may result in the dismissal of the claim.
General Order of Reference For the Magistrate
In order to effectively and expeditiously administer the duties of the Court, all powers authorized in Rule 53 of the Rules of Civil Procedure, Rule 19 of the Rules of Criminal Procedure, and Rule 14 of the Ohio Traffic Rules, are hereby referred to the Magistrate.
Civil and Small Claims Cases
The Civil and Small claims cases of the Court are hereby referred to the Magistrate. The Magistrate is hereby authorized to conduct the following hearings:
- Any pre-trial or post judgment motion
- The trial of any case that will not be tried to a jury.
- Upon the unanimous written consent of the parties, the trial of any case that will be tried to a jury, The Magistrate shall regulate all
proceedings in every hearing as if by the Court and do all acts and take all measures necessary or proper for the efficient performance of
the Magistrates’ duties under this Order. The Magistrate may do all of the following:
- Issue subpoena for the attendance of witnesses and the production of evidence.
- Rule upon the admissibility of evidence.
- Call the parties to the action and examine them under oath.
- Put witnesses under oath and examine them.
- In cases involving direct or indirect contempt of court, and when necessary to obtain the alleged contemnor’s presence for hearing, issue an attachment for the alleged contemor’s and set bail to secure the alleged contemnor’s appearance, considering the conditions of release prescribed in Criminal Rule 46.
The Magistrate may enter orders without judicial approval in pretrial proceedings under Civil Rule 26 to 37 and other as necessary to regulate proceedings.
Any person may appeal to the Court from any order of a Magistrate entered under the authority of the previous paragraph by filing a motion to set the order aside, stating the party’s objections with particularity. The motion shall be filed no later than ten (10) days after the Magistrate’s order is entered. The pendency of a motion to set aside does not stay the effectiveness of the Magistrate’s order unless the Magistrate or the Court grants a stay.
The Magistrate shall promptly conduct all proceedings necessary for decision of referred matters in civil and small claims cases. The Magistrate shall prepare, sign and file a Magistrate’s decision of the referred matter with the Clerk. Findings of Fact and Conclusions of Law are not required unless requested by a party under Rule 52 or otherwise required by law or the court.
Within fourteen (14) days of the filing of a Magistrate’s decision, a party may file written objections thereto. If any party timely filed objections, then any other party may also file objections not later than ten (10) days after the first objections are filed. If a party makes a request for findings of fact and conclusions of law under Civil Rule 52, the time for filing objections begins to run when the Magistrate files a decision including findings of fact and conclusions of law. The filing of objections shall operate as an automatic stay of execution of the judgment until the Court rules on the objections.
In accordance with Rule 19, the criminal cases of the Court are hereby referred to the Magistrate.
The Magistrate is hereby authorized to conduct the following hearings:
- Initial appearances and preliminary hearings conducted pursuant to Criminal Rule 5.
- Arraignments conducted pursuant to Criminal Rule 10.
- Proceedings at which a plea may be entered in accordance with Criminal Rule 11.
- In felony and misdemeanor cases, the Magistrate may accept and enter not guilty pleas.
- In misdemeanor cases, the Magistrates may accept and enter guilty and no contest pleas, determine guilty or innocence, receive statements in explanation and in mitigation of sentence, and recommend a penalty to be imposed. If the offense charged is an offense for which imprisonment is a possible penalty, the matter may be referred only with the unanimous consent of the parties, in writing or on the record in open court.
- Motions filed pursuant to Criminal Rule 19 and Criminal Rule 47.
- Proceedings for the issuance of a temporary protection order as authorized by law.
- Proceedings to establish bail pursuant to Criminal Rule 46.
- The trial of any misdemeanor case that will not be tried to a jury. If the offense charged is an offense for which imprisonment is a possible penalty, the matter may be referred only with unanimous consent of the parties in writing or on the record in open court.
- The magistrate shall regulate all proceedings in every hearing as if by the Court and do all acts and take all measures necessary or proper for the efficient performance of the Magistrate’s duties.
The Magistrate may do all of the following:
- Issue subpoenas for the attendance of witnesses and the production of evidence.
- Rule upon the admissibility of evidence in misdemeanor cases.
- Put witnesses under oath and examine them.
- In cases involving direct or indirect contempt of court, and when necessary to obtain the alleged contemnor’s presence for hearing, issue an attachment for the alleged contemnor and set bail to secure the alleged contemnor’s appearance, considering the conditions of release prescribed in Criminal Rule 46.
- The Magistrates may enter pre-trial orders without judicial approval which are necessary to regulate the proceedings and are not dispositive of a claim or a defense of a part.
Any person may appeal to the Court from any pre-trial order of a Magistrate entered under the authority of the previous paragraph by filing a motion to set the order aside, stating the party’s objections with particularity. The motion shall be filed within fourteen (14) days after the Magistrate’s order is entered. The pendency of a motion to set aside does not stay the effectiveness of the Magistrate’s order unless the Magistrate or the Court grants a stay. A party’s failure to appeal does not preclude review of the order on objections to the Magistrate’s decision.
The magistrates shall promptly conduct all proceedings necessary for decision of referred matters in criminal cases. Within fourteen (14) days after the filing of a magistrate’s decision, a party may file written objections thereto. If any party timely files objections, any other party may also file objections no later than seven (7) days after the first objections are filed. The Magistrate’s decision shall become effective when adopted by the Court. No sentence recommended by a Magistrate shall be enforced until the Court has entered judgment.
In accord with Rule 14 of the Ohio Traffic Rules, the traffic cases of the Court, including Driving Under the Influence Cases, are hereby referred to the Magistrate
The Magistrates are hereby authorized to do the following:
- Receive pleas, statements in explanation and in mitigation of sentence.
- Recommend penalty to be imposed.
- Hear contested cases for the taking of evidence and written report of findings and recommendations to the Court of guilty or innocence and penalty, if consented to by the defendant.
The Magistrates shall promptly conduct all proceedings necessary for decision of referred matters in traffic cases.
Within fourteen (14) days of filing of a Magistrate’s decision, a party may file written objections thereto. If any party timely files objections, then any other party may also file objection not later than ten (10) days after the first objections are filed. If a party makes a request for findings of fact and conclusions of law.
General Authority for All Referred Cases
Nothing in this order shall be construed as prohibiting a magistrate from the entry of orders when authority is specifically conveyed by statute to Magistrate.
All orders of the magistrate shall be in writing, signed by the magistrate and identified as a Magistrate’s order in the caption. The Magistrate shall prepare reports of his work, recommendations and orders as directed by the Court.
The proceedings before the Magistrate shall be in accordance with the Ohio Rules of Civil and Criminal procedure, the Ohio Traffic Rules, any applicable statutes, and the Rules of the Court, as if before the Court.
In cases of contempt in the presence of the Magistrate, the magistrate may impose an appropriate civil or criminal contempt sanction. Contempt sanctions may be imposed only by a written order that recites the facts and certifies that the Magistrate saw or heard the conduct constituting contempt. The contempt order shall be filed an a copy provided by the Clerk to the appropriate judge of the Court. The contemnor may by motion obtain immediate review of the magistrate’s order by a Judge, or the Judge or Magistrate may set bail pending judicial review.Back to Top
|Type of Filing||Deposit Required|
|Action in Aid of Execution||$20.00|
|Action in Forcible Detention (Eviction)
Writ of Restitution Included
|Appeal (12th District Court of Appeals)||$225.00|
|Certificate of Judgment||$10.00|
(Excluding Evictions & Small Claims)
|Copies (per page)||$0.10|
|Cross Claim & Counterclaim||$25.00|
|Expungment (If Convicted)||$50.00|
|Judgment Debtor Examination||$20.00|
|Judgment Debtor Interrogatory||$7.50|
|Modification of Judgment||$10.00|
|Petition to Vacate||$10.00|
|Post Disposition Motion||$25.00|
Processing fees can accrue over the deposit which would require additional money.