',

ZUJ1 Jll 30 t,J ; II : 07

Auglaize County Municipal Court

Local Rules of Court

Auglaize County Municipal Court

. l

0

In Re: Adoption of Local Rules of Court

IT IS THE ORDER of the Court that the following rules ofcourt are adopted to govern proceedings before the Auglaize County Municipal Court in all criminal, civil, small claims and traffic proceedings effective July l 51

, 2007

0

IT IS THE FURTHER ORDER that all the previous rules of the court are hereby rescinded effective July 151

, 2007 and a copy of these rules shall be filed with the Clerk and the Ohio Supreme Court.

PREFACE

' .. . r

.. ' ..

The local rules of the Auglaize County Municipal Court are intended to supplement the Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Traffic Rules, Rules of Superintendence for the Ohio Municipal Courts all statutes of the State of Ohio as adopted and amended from time to time. They are to be used in conjunction therewith. When any conflict exists, all rules enacted by the Ohio Supreme Comi and laws enacted shall prevail over these rules.

These rules shall apply to practice in the civil, criminal, traffic and small claims proceedings before this court.

This court shall be open to the public for business Monday through Friday, 8:00 am until 4:30 pm. It shall be closed for all legal holidays as directed by the Court. Pleadings shall be filed with the Clerk of the Court at the Auglaize County Courthouse, 201 Willipie Street, Wapakoneta, Ohio. The Court shall conduct hearings at the Auglaize County Courthouse, at the St. Marys Municipal Court facility and at such other locations as the Court may direct. The Court may be in sessions such other hours and days as the Judge may prescribe.

RULE!

Preservation of Files by the Clerk

The Clerk of the Comi shall file and preserve in the Office of the Clerk all documents delivered to the Clerk for that purpose.

All documents filed with the Clerk are public records. Any person may examine the records of any case filed in the Auglaize County Municipal Comi. Arrangements for the examination of those records may be made with the Clerk during business hours under the reasonable regulations developed by the Clerk to preserve the integrity of those documents and the orderly operation of the Clerk's Office. Copies may be made of any record for the fee established by the Clerk. No person shall remove a file from the Office of the Clerk without the express consent of the Clerk. No file may be removed from the premises of the Auglaize County Municipal Court. The Clerk shall be permitted to redact the files so as to exclude persons not permitted by law from obtaining personal information such as social security numbers from the court files.

The Clerk may dispose of the documents filed with the Court in accordance with the schedule provided by the State for the retention and disposition of court documents.

RULE2

Case Numbering

All cases filed in this court shall be numbered as provided for in the Ohio Rules of Municipal Court Superintendence. In criminal and traffic cases where more than one charge is filed against the same defendant as a single case, the individual counts shall be designated by designating them as either count A, B, C etc or Count 1, 2, 3 etc.

Rule3

Electronic Recording

Counsel for the defendant in a criminal or traffic proceeding and counsel for either party in a civil case may request in writing for the proceedings to be recorded. Recording of shall be electronic unless otherwise designated by the court. The Court may, without the request ofa party, record the proceedings at the court's discretion.

.· I

. . ·.' 0

All recordings are the property of the court and shall be retained until the time for appeal has passed from the judgment of the cou1t or until one year has passed if testimony has been given.

Any party may arrange with the Court to review the electronic record of any proceeding at a time mutually agreed to by the Court and the party. On written request, the electronic record shall be maintained for a longer period of time as requested by the party.

Rule4

Transcription of Proceedings

All requests for the transcription of testimony from the electronic record of the court shall be in writing stating specifically the testimony to be transcribed.

The Court reporter shall review the electronic recording of the proceeding and shall advise the party of the total estimated cost of the transcript. The Court reporter shall require a deposit equal to no less than Yi of the estimated cost of the transcript. All transcripts of proceedings shall be made by the Court reporter or under the supervision and control of the Court reporter. The cost of the transcript shall be per page. No transcript shall be delivered or filed until the entire cost has been paid.

The Judge of the Court shall appoint the person or persons to serve as court reporters.

The appointment of the Court Reporter(s) shall be file with the Clerk of the Court.

The Court Reporter shall receive and hold all exhibits offered and received during the trial of any case and shall safely keep the same throughout such trial, unless the release thereof is consented to by the parties or ordered by the Court.

Rule 5

Costs

Court costs in criminal, civil and traffic proceedings shall be established by the Judge of the Court in conformance with the provisions of the Ohio Revised Code.

Copies of the cost schedules shall be made available to the public and attorneys on request.

The Clerk shall have the following discretionary powers: a. To apply any deposit for costs at the termination oflitigation to any unpaid costs due b. To make periodic partial distribution of money deposited for the purpose of fines and restitution or

funds paid pursuant to a trusteeship order c. To refuse to file any paper or pleading not filed in complete conformity with these rules, or any

pleading which is not signed or in which the original signature is unreadable d. To refuse to accept any check that is not ce1tified. e. To require an additional deposit for costs from the initiating party or parties when the Clerk of the

Court is of the opinion that the funds on deposit for costs are or will become inadequate in an amount sufficient to cover the excess costs.

Unless a poverty affidavit is filed, no civil actions shall be accepted by the Clerk unless the party or parties offering the same for filing have first deposited a sum of money to secure the payment of costs and to pay the filing fees required by the Ohio Revised Code and Local Rule.

' I 0

Rule 6

Practice before the Court

Any attorney licensed to practice law in the State of Ohio shall be pennitted to practice in the Auglaize County Municipal Court. Attorneys licensed by any other State (or country) to practice law may seek special pennission from the Cow1 to enter an appearance in a case subject to all statutes and regulations of the State of Ohio. The granting of such pennission shall be at the discretion of the Judge of the Court or Judge as assigned to the case.

Attorneys shall include their Ohio Supreme Court registration number when filing any pleading or document with the Cour1 in addition to their required signature. Addresses and phone numbers shall also be provided on all original pleadings or designations of counsel.

Persons appearing pro se shall also include addresses and phone numbers on all original pleadings and shall advise the court in writing of any change in address.

Legal interns, properly certified by the Ohio Supreme Court and who have filed a copy of their certification with the Court, may appear before the Court in accordance with the rules of the Ohio Supreme Court.

When a designated trial attorney has such a number of cases assigned for trial in courts of this state so as to cause an undue delay in the disposition of such cases, the judge may summon such trial attorney who persistently requests continuances and extensions to warn the attorney of the possibility of sanctions. When the situation is not remedied the judge may restrict the number of cases in which the attorney may participate at any one time (Superintendence Rule 41 C)

Rule 7

Notice of Counsel

All attorneys representing clients in the Auglaize County Municipal Court shall file a designation of counsel with the Clerk of the Court, except when the attorney's initial appearance in the case is at the arraignment of a criminal or traffic case or by the filing of a complaint or an answer in a civil case.

The Clerk of the Court shall not accept any documents for filing in a case from any attorney not designated as counsel of record in the case.

Rule 8

Withdrawal of Counsel

Once an attorney has filed a designation of counsel or appeared at a scheduled action on behalf a party to that action, the attorney shall be designated as Counsel of Record. Once designated, that attorney may not withdraw without permission of the Judge. Permissions shall be granted only by journal entry for good cause shown on the motion of the moving attorney with proof or service to the client. The motion will not be granted if filed less than seven (7) days before trial to the Court or at any time after a jury demand has been filed unless substitution of counsel is filed simultaneously therewith or for good cause shown.

Rule 9

Trial Counsel

Only the counsel of record may appear at any scheduled Court appearance on behalf of the attorney's client except with permission of the Judge to whom the case has been assigned. In criminal cases, the prosecutor

,, . •• c·. 0

to whom the case was assigned shall conduct all proceedings in the case unless the prosecutor is unavailable for good cause. If unavailable for good cause, the Prosecuting Attorney shall designate a substitute counsel.

Rule 10

Continuances

c

Motions for continuance shall be made by the moving party no later than seven (7) days before the scheduled court action except for criminal arraignments or in cases of sudden illness emergency or death in the family. All motions for continuance shall specify the reason for the request and must contain proof of service to all opposing parties or their respective counsel ofrecord. The Court may require documentation supporting the reason for the request for the continuance. Journal entries must accompany the motion and a definite date and time to which the action is continued must be established therein. Consent of the opposing party shall be noted on the journal entry or it shall be noted consent was not given.

In cases assigned for trial, applications for continuance must be supported by specific evidence of good cause for the continuance. When the application is based upon the absence of a witness, reasonable diligence on the party of the party to secure the presence of the witness must be shown.

Except for extraordinary situations involving the long-term health of a defendant, continuances for criminal arraignments shall not be granted for more than seven (7) days.

A continuance requested due to a conflict with a proceeding in another court shall be accompanied by a copy of the assignment notice from the other court.

Rule 11

Discovery

Inte1rngatories, requests for production or inspection of documents and requests for admissions shall be served on other counsel or parties or the Law Director or Prosecuting Attorney in accordance with the Ohio Rules of Civil or Criminal Procedure. They shall not be filed with the court. Responses to requests for discovery shall not be filed with the court.

The Clerk shall reject the filing of such requests or responses.

If relief is sought for failure to respond to discovery or a party seeks a protective order, then copies of the demand for discovery or the portions that are in dispute shall be filed with the court as exhibits to any motion to compel discovery or for a protective order.

The Court, by order, may establish a schedule for the making of requests for discovery.

Rule 12

Motions and Briefs of Authority

All motions in Civil and Criminal proceedings, not made in open comt, shall be submitted in writing alleging sufficient facts in support of the ruling sought and supported by a memorandum oflaw. Citations to sections of constitutions, statutes and/or cases alone will not be deemed in compliance with this rule.

Opposing counsel may file a response to a motion within 14 days from the service of the motion. The response must also be accompanied by a statement of facts if different from that of the movant. The response must also be accompanied by a memorandum oflaw in support of the respondent's position.

.. '

Affidavits may be submitted by either the movant or respondent as exhibits to the motions and responses.

Unless either party requests an oral hearing or the Court determines an oral hearing should be held to determine disputed questions of fact, the matter shall be deemed submitted and the Court will rule on the motion without hearing. Issues not raised shall be deemed as waived. The Court shall not rule on a motion for summary judgment pursuant to Civil Rule 56 without an oral hearing unless all parties or their counsel waive such hearing in writing.

Rule 13

Pre trials

The parties to a case may request that the case be assigned to for a pretrial conference or the court may set the case for a pretrial conference on its own motion. Pretrial hearings shall generally be held in the area as designated by the Court.

In a Civil case the patties and their counsel ofrecord are required to be present for the pretrial hearing. A corporate party may appear by an officer or by an employee having knowledge of the subject matter of the case. A party may be excused from appearance only upon application to the Judge. If a party is excused, the party still must be available to participate in the proceeding by telephone.

A pretrial may be conducted by telephone with prior arrangement and the approval of the Court.

In a criminal case the prosecuting attorney, the defendant and the attorney for the defendant are required to be present. If the complaining witness is deemed necessary to be present, application must be made to the Court prior to the hearing for the witness to be present stating why the presence of the witness will assist in the hearing. For the defendant to be excused from attendance at the pretrial hearing, prior approval of the court must be obtained and the defendant must be available by telephone during the pretrial hearing.

At the conclusion of the pretrial hearing the attorneys for the parties or the parties if not represented by counsel shall report the results of the pretrial hearing to the court and what future action is to be taken on the case. If additional pretrial hearings are requested, the pretrial report shall state the actions to be completed by the parties prior to the additional pretrial and the reasons why an additional pretrial hearing is requested. If the case is to be set for trial, the parties shall schedule a trial date with the court's assignment clerk and shall provide an estimate of the time believed necessary for the case to be presented.

In a Civil case the Court may order the parties to prepare trial briefs to assist the court in the trial of the case.

Rule 14

Praecipes for Witnesses

All praecipes (requests) for the subpoenas of witnesses or documents must be filed with the Clerk not later than five (5) days prior to trial. Unless for good cause shown, failure of service of such subpoenas where the request was not filed at least five (5) days prior to trial shall not be considered as grounds for a continuance.

It is the duty of the party or the attorney for the party who summoned a witness to notify the subpoenaed witness of any continuances granted. Witnesses appearing because of the failure of the summoning party to notify them not to appear shall be paid by the Court for their appearance with such costs assessed to the pa1ty who failed to give them notice not to appear.

Rule 15

Jurors

All jurors to be used in the Auglaize County Municipal Court shall be selected from a list of eligible jurors furnished to the Court by the Jury Commissioners of the Court of Common Pleas of Auglaize County. The Court shall notify the Jury Commissioners of the number of names to be drawn for the venire. The venire shall be notified by the Sheriff of Auglaize County as the bailiff of the Court that they have been selected for jury duty.

The assignment clerk of the Court shall summon jurors for trial in a number to be determined by the Judge in the order that they appear on the list as provided by the Jury Commissioners. Summons to a juror to appear for trial shall be made by mailing the summons to the juror's last known address.

No person shall be summoned as a juror twice until all prospective jurors have been summoned once.

A juror may be excused upon the request of the juror from service when the requ~st is made at least two business days before the date summoned for service. The request may be made in person by the juror, by telephone, electronic mail or in writing. The request will be granted if the juror has not previously been granted a postponement and the juror and the court reach an agreement as to future service. The juror may be assigned to a subsequent term. A juror may be granted a second postponement of service only in the event of an extreme emergency or a national disaster or emergency in which the juror is personally involved that could not have been reasonably anticipated at the time the initial postponement was granted.

A juror who requests an excuse from service due to undue or extreme physical or financial hardship may be required to provide the court with documentation supporting the request to excuse service.

A juror who is over 75 years of age is entitled to be excused from jury service but must inform the court of the request no later than the date on which the juror is scheduled to appear for service. An employer may request postponement of the jury service of an employer if the employer has fewer than 25 full time employees and if another employee has been summoned to appear during the same term.

Rule 16

Jury Waiver

When a jury trial has been demanded in a Criminal case, the demand may only be withdrawn in writing . signed by the defendant. Unless the waiver or withdrawal is received prior to notice being sent to the jurors, costs associated with the jury shall be assessed to the defendant.

When a jury trial has been demanded in a Civil case, the demand may only be withdrawn by a waiver executed by both parties or their legal counsel. Unless the waiver is received prior to notification of the jury to appear, the costs associated with the jury shall be assessed to the party that demanded the jury unless it can be shown that the failure to timely file the waiver was the fault of the opposing party.

Rule 17

Requests for Writs of Execution

Requests (praecipes) for all writs for execution shall specifically describe the property to be seized. Such description shall include models and serial numbers, if known or easily obtainable by the judgment creditor. Location where the property may be located shall also be provided.

Rule 18

Trusteeship

Trusteeships established pursuant to R. C. section 2339.70 shall be subject to the following rules:

I. No payment will be accepted without a current payroll check or payroll statement 2. All payments must be made in cash, with bank drafts or by money order 3. The debtor must notify the Clerk immediately of any change in work status or address 4. The debtor must make a minimum payment ofat least $5.00 from each pay received unless the

Court has waived the payment for good reason shown 5. Creditors may only be added to the trusteeship with the approval of the Court 6. A trusteeship account will be automatically terminated if there has been no payment received or

change of work status reported within thirty (30) days of the last recorded payment. The trusteeship clerk shall, after such termination, distribute all moneys held and notify all creditors of such termination.

Rule 19

Transfer from Small Claims Docket

Except for good cause shown, no case shall be transferred from tl1e small claims docket to the regular docket of the Court except upon a motion by the moving party filed at least five (5) days prior to the scheduled trial date and approved by tp.e Judge. The motion shall set forth the defenses claimed and shall include an affidavit stating facts consistent with the defense alleged. Failure to timely file the motion or to attach the affidavit of fact shall be sufficient grounds for the denial of the motion.

Rule 20

Work Release

The court may sentence a prisoner to participate in a work release program. Prior to the Court approving the pa1iicipation of the prisoner in the program the prisoner must set forth the nature of the prisoner's employment, the amount of the prisoner's wages, the names and addresses of all dependants, the names and addresses of all Courts and Bureaus of Support through which obligations for child support, fines or court costs are owing, the hours of employment and the means by which the prisoner will be traveling to the prisoner's employment.

The work release program shall be governed by the Rules and Regulations set forth in the Uniform Rules of the Court of Common Pleas of Auglaize County.

Rule 21

Court Security Standards

No weapons shall be permitted in the Auglaize County Courthouse unless carried by a law enforcement officer, probation officer or parole officer acting within the scope of the officer's official duties. All persons entering the courthouse or any courtroom shall be subject to search of their person and effects at any time. The Court may, in the discretion of the Court, impose more restrictive security measures at anytime.

Prisoners shall have no PWSical contact with any persons either in the Courtroom or during transport to and from the Courthouse.

( .. .. ..

All offenses occurring within the Comihouse or on its grounds shall be reported to the Auglaize Cowity Sheriff. Record of all such incidents shall be maintained and shall be reported to the Ohio Supreme Court.

No persons shall be permitted access into the Offices of the Clerk or the Judge without the permission of the Clerk or the Judge.

Rule 22

Media Coverage

c

The judge assigned to the trial or hearing shall permit the broadcasting or recording by electronic means and the taking of photographs in court proceedings that are open to the public as provided by Ohio law. The recording and photographing of court proceedings shall be governed by Rule 12 of the Rules of Superintendence for the Courts of Ohio.

Rule 23

Facsimile Filing with the Clerk

Pursuant to Civil Rule 5(E), the Cowi adopts the following rules as adopted by the Courts of Common Pleas of Auglaize County for the Clerk's acceptance of facsimile pleadings:

I. The following documents will not be accepted for facsimile filing: a. cognovit promisso1y notes b. written pleas of not guilty c. written pleas of not guilty by reason of insanity and d. any pleadings that require a deposit for cosl<; or a witness fee

2. A document filed by facsimile (fax) shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of the Court but must maintain in his or her own records and have available for production on request by the court the source document, with the original signatures as required by the applicable rules, together with the copy of the cover sheet used in the transmission of the fax.

3. The source document shall be maintained by the person making the filing by fax until the case is closed and all opportunities for post judgment relief are exhausted.

DEFINITIONS

1. A facsimile transmission means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end.

2. A facsimile machine means a machine that can receive and transmit a facsimile transmission 3. Fax is an abbreviation of facsimile and refers to facsimile transmission or to a document so

transmitted

COVER PAGE

A person filing a document by fax shall also provide a cover page containing the following information:

1. The name of the court 2. the title of the case 3. The case number 4. The assigned judge 5. The title of the document being filed (e.g. motion to dismiss, defendant's answer to the complaint) 6. The date of transmission

• J

I .• • •" · ·. : .. 0 ( )

7. The transmitting fax telephone number 8. The number of pages being transmitted including the cover page 9. If no judge or case number has been assigned, that is to be so stated l 0. The name, address, telephone number, fax number, Supreme Court registration number and if

applicable the email address of the person filling the fax document

If the document is sent by fax to the Clerk, the Clerk may in the Clerk's discretion accept and file the document or place the document in a file of failed fax documents with a notation of the reason for the failure. If the later is done, the document shall not be considered filed with the Clerk. The Clerk's determination as to whether or not to accept the fax without a cover sheet shall be based on whether the fax contains the basic information required by parts one through ten above.

If the document is not accepted for filing, the Clerk, when practicable, should attempt to notify the party of

SIGNATURE

A party who wishes to file a sigried source document by fax should either:

1. fax a copy of the signed document or 2. fax a copy of the document without the signature by with the notation"/sf' followed by the name

of the signing person where the signature appears in the signed source document

The party who files a signed document by fax represents that the physically signed source document is in his or her possession or control.

EXHIBITS

1. Each exhibit to a fax 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. Unless the Court otherwise orders, the missing exhibit shall be filed with the court as a separate document no later than five (5) days after the filing of the facsimile document. Failing to file the exhibits may result in the court striking to document or exhibit.

2. Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case that sets forth the name of the court, the title of the case, the case number, and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

TIME OF FILING

1. Subject to the provision of these rules, all documents sent by fax and accepted by the Clerk shall be considered as filed with the Clerk as of the date and time the Clerk tine-stamps the document received, as opposed to the date of time of the fax transmission. The Office of the Clerk of Court shall be deemed open to receive fax transmission of documents on the same days and times that the Court is regularly open for business

2. Fax filings may not be sent directly to the Office of the Judge for filing but may only be transmitted to the Office of the Clerk of Courts

3. The Clerk of the Court may, but is not required, to acknowledge receipt of a fax transmission. 4. The risks of sending a document by fax to the Clerk of the Court shall be borne entirely by the

sending party. Anyone using fax filing is urged to verify receipt of such filing by the Clerk of the Court through whatever technological means available.

FEES AND COSTS

No additional fee shall be assessed for fax filings. Costs and fees shall be assessed in accordance with the ORC section 2303.20

.. , · .. , •, ..

LENGTH OF DOCUMENT

1. Fax filings shall not exceed 20 pages in length. The filer shall not transmit service copies by fax. 2. Copies needed for service shall be made by the Clerk and shall be charged at the rate established

in the ORC

CERTIFICATE OF SERVICE

Every pleading, motion, memorandum or argument filed with the Court in writing shall be served by the filing party upon all opposing counsel or upon all parties not represented by counsel.

The pleading,, motion memorandum or brief must have a proof of service attached. It must include the names of the attorneys or parties served along with the date and manner of service. It must be signed by the party submitting the pleading, motion, brief or memorandum.

RULE24

Counsel for Indigent Criminal defendants

In all criminal cases of a serious offense, where a jail sentence may be imposed, where the defendant is unable to obtain counsel, the Court shall appoint counsel from the members of the bar or the Office of the Public Defender. The Court may require the defendant to complete an affidavit as to the defendant's property and income for the purpose of determining whether or not the defendant is indigent.

When counsel appointed to represent a defendant discovers the defendant has property or income in addition to that reported to the Court at the time indigency was determined, counsel shall report that fact in open Court with the defendant present.

RULE25

Bankruptcy Adjudication

Whenever any party to a civil action pending in this court files a petition seeking protection of the bankruptcy courts, the attorney of record for the party or the party if acting in a pro se capacity shall, within 15 days after filing the bankruptcy petition, file a written notice of such filing with the Clerk of this Court. Such notice shall include a copy of any order staying state court actions or other documents confirming and providing this court with the date of the filing.

Such attorney or party shall give written notice to all other counsel or pro se parties in the pending litigation in the same manner of any other pleading to be filed with the court.

Such attorney or party shall file and serve all attorneys or pro se parties notice of the lifting of any stay or the granting of the petition within 15 days of the same.