1.00 COURT SESSION
1.01 CLERK OF COURT
2.00 DOCKETS
2.01
2.02
3.00 JURORS
4.00 CIVIL PROCEDURE
5.00 SMALL CLAIMS DIVISION
6.00 TRUSTEESHIP DIVISION
7.00 SALES AND CONFIRMATION
8.00 DEPOSITS
9.00 CRIMINAL DIVISION
10.00 CASE MANAGEMENT IN CIVIL CASES
11.00 CASE MANAGEMENT IN CRIMINAL CASES
12.00 CASE MANAGEMENT IN FORCIBLE ENTRY AND DETAINER CASES
13.00 CASE MANAGEMENT IN SMALL CLAIMS CASES
14.00 SPECIAL PROCEEDINGS
15.00 MAGISTRATE
16.00 FACSIMILE FILING RULES (ATTACHMENT I)

The hours of court sessions are 8:00 am until 12:00 noon and 1:00 p.m. until 4:00 p.m. unless otherwise ordered by the trial judge. The sessions will be held Monday through Friday except legal holidays.

1.01 CLERK OF COURT:

The office of Clerk of Court shall be open for the transaction of business from 8:00 a.m. until 4:00 p.m., Monday through Friday, except all legal holidays, or such other times as ordered by the administrative judge.

A. HOLIDAYS: New Year’s Day, Martin Luther King Day, President’s Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, the day before Christmas Eve at 12:00 noon, Christmas Eve, Christmas Day. If a holiday falls on a Saturday, recognition will be either the following Monday or the preceding Friday.

B. EFFECT OF A HOLIDAY: When the day on which any act is required to be performed falls on a legal holiday or a day the court is declared closed, then said act shall be performed on the next succeeding day the court is in session. The time within which an act is required to be done shall be computed by excluding the first day and including the last, except when the last day falls on a Sunday or on a holiday, in which case it shall be excluded and the next day counted.

2.00 DOCKETS:

The Clerk shall maintain such dockets, records and indices as are required by law or practical necessity as a public record including but not limited to:

A. CIVIL DOCKET, which contains Civil cases together with all proceedings properly dated. This docket is a complete and final record of each case.

B. SMALL CLAIMS DOCKET, which is a record of the proceedings on Civil cases filed in the Small Claims Division established under 1925.01 of the Ohio Revised Code together with all proceedings herein properly dated. This docket is a final and complete record of each Small Claims Case.

C. CRIMINAL DOCKET – FELONY, which contains all Felony cases together with all proceedings therein properly dated. This docket is a final and complete record.

D. CRIMINAL DOCKET – MISDEMEANOR, which contains all Criminal cases of the misdemeanor type together with all proceedings therein properly dated. This is a final and complete record of each case.

E. TRAFFIC DOCKET, which contains all traffic cases together with all proceedings therein properly dated. This docket is a final record of each case.

The digital traffic case records and backup copy shall be maintained for the applicable retention period as set forth in the Ohio Rules of Superintendence, Sup. R. 26.01 to 26.05, and shall be regarded as the Court’s Local Retention Rule.

F. TRUSTEESHIP DOCKET, which is a record of the proceedings on behalf of debtors and accounts or creditors administered by the Clerk as trustee for such debtors.

G. JOURNAL, which contains orders made by the court in all Civil and Criminal cases and extended records. The expense of extended records shall be prepaid by the party demanding the same. Rules and orders regulating the business of the court shall be entered in a separate volume of the Journal and shall be reserved for that purpose.

2.01 The officers or employees of this court shall not prepare or help prepare any
pleading, affidavit, entry or order in any Civil or Criminal matter, except as provided under 1925.04 of the Ohio Revised Code. The Clerk shall permit any person to make a copy of any of the papers filed, but original papers filed in any case shall not be removed from the office without the judge’s approval. Reproduction of any material shall be at a rate established by the Clerk.

2.02 This court utilizes a mechanical recording device.

3.00 JURORS:

Jurors are selected at random from a computerized list of legal voters from the Board of Elections. At least seventy-five subpoenas are mailed for each criminal and civil jury. These subpoenas are mailed one week before the trial date by ordinary mail. A list of the jury is made for the Judge, Clerk, Bailiff and each attorney involved in the case. If a jury is canceled after it has been ordered into court and the Clerk of Court is unable to notify all the prospective jurors of said cancellation, the Court must assess the costs incurred to the party canceling the jury demand.

4.00 CIVIL PROCEDURE:

A. COMPLAINT: The complaint shall contain the full name and residence of each plaintiff and defendant and the name and attorney registration number of the attorney for the plaintiff. The original filing shall have a sufficient number of copies for all defendants who have separate interests.

B. SUMMONS AND RETURN: Upon the filing of a complaint and praecipe, summons shall be forthwith issued, signed by the Clerk or Deputy and shall bear the seal of the Court.

C. SERVICE OF SUMMONS BY CERTIFIED MAIL: When it is not requested that a summons be served by the Bailiff, it is then sent via certified mail, to the address submitted on the complaint. When certified mail is returned marked “Unclaimed”, “Unable to Serve”, or “Moved”, a notification is sent to the attorney advising service was not obtained by certified mail, personal service or residence service. The attorney completes the form “Request for Ordinary Mail” and the summons is then sent ordinary mail. The above provision shall not apply to praecipes or proceedings after judgment to enforce collections.

D. FILINGS WHICH DO NOT APPLY TO THE ABOVE: Filings which do not apply to the above or do not contain a legible or printed form containing the attorney’s name and attorney identification number shall be refused by the Clerk of Courts. Filings which do not comply with this rule shall be refused by the Clerk if filed, will be presumed to have been irregularly obtained and shall be stricken on motion by a party or by the court.

E. EXTENSIONS: For good cause shown, the time for filing pleading may be extended for such reasonable time that the court may provide by written order.

F. UNUSED DEPOSITS: Unused court costs still on hand with the Clerk of Courts at the end of one year will be returned to the respective attorneys filing those cases upon motion of said attorneys.

G. JURY TRIAL DEMAND AND DEPOSIT – CIVIL: A party desiring a jury shall file a demand in writing in accordance with the Civil Rules. The party making a demand for a jury shall make a deposit as set forth in schedule “A”. The jury shall not be drawn unless there is available in a fund, subject to the control of the Clerk, sufficient money to pay the fees of jurors related costs.

H. PROCEEDINGS IN AID OF EXECUTION: Orders in Aid of Execution shall be served and scheduled in the same manner as appearance cases. No Order in Aid of Execution shall be accepted by the Clerk unless the name of the attorney filing same appears at the bottom of each copy. The Clerk shall not accept such orders unless one copy is furnished for each party to be served and one copy for the Clerk. In the event the plaintiff or his attorney fails to appear for the examination of the debtor, the presence of the party shall be noted on the docket and the party excused.

I. SUMMARY JUDGMENT: Unless otherwise ordered by the Court, Motions for Summary Judgment shall be heard on briefs and other materials authorized by Civil Rule 56 without oral argument fourteen (14) days after service of the Motion upon opposing party. The adverse party, prior to the date of hearing, may serve and file opposing affidavits. In the absence of a Motion for an extension of time, or request for oral argument, the Motion shall be deemed submitted for the decision as of the 14th day.

5.00 SMALL CLAIMS DIVISION:

The costs and filing fee for a Small Claims complaint will be as set forth in Schedule “A”. This filing fee includes cost of serving the notice and summons. Fees for service other than those set forth above shall be the same as the fees set by the regular Civil Court Division. The defendant’s address must be full, complete and current. The Small Claims Division will not accept a partial address. If the defendant cannot be located at the address given to the court by the plaintiff, the court will notify the plaintiff by mail of its inability to serve the defendant and the claim will be dismissed unless proper address is provided within ten days. In instances where the plaintiff is a corporation, the signatory of the plaintiff’s complaint may be an attorney representing the plaintiff. In instances of partnership, the affiant must be one of the partners. Upon the filing of the complaint, the complaint will be set for one-half hour of trial unless notified by the plaintiff that more time is required. Upon receipt of a judgment, the Clerk will instruct the plaintiff of various courses of action available to effectuate the judgment.

6.00 TRUSTEESHIP DIVISION:

The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of:

The debtor’s name, address and marital status;

The name and address of his employer or employers;

The amount of his gross earnings for a period of 30 days; and

A statement indicating that the name of the creditor from whom the fifteen day written notice of proceeding against his earning was received.

Upon filing of an application, the Clerk shall become the trustee without formal order of the court. Objections of interested parties to the application shall be heard at the appearance call set by court. The filing of the application shall stay all proceedings against personal earnings of the applicant, provided that, if the order of attachment or the Order in Aid of Execution is served upon the employer or garnishee prior to the time of filing of the application, the personal earnings subject to the order of the court shall be paid to the Clerk of Court for distribution in the case of which said order was made. In the event the application is filed, prior to the time the order of attachment or Order in Aid of Execution is served upon the employer or garnishee, the personal earnings subject to the order of the court shall be ordered paid to the trustee.

A. At the time of filing the application, the attorney for the debtor shall deliver to the Clerk two copies of a notice of the appointment for each creditor listed in the application together with a stamped envelope properly addressed to each creditor. The Clerk shall deposit such notice in the mail within twenty-four hours and indicate on the docket that notices were mailed to listed creditors. Each notice shall contain the name of the applicant, the sum applicant claims is owing the creditor, the time and place objections to said applications shall be heard and a place for the verification or objection of the creditor. Additional creditors may be listed in the trusteeship upon the application and service of a notice to each additional creditor as heretofore provided. If such application is made by a creditor, a similar notice must be given to the debtor, unless the creditor has obtained judgment in a court of record.

B. Distribution: The trustee shall make no distribution to anyone except a creditor or an attorney for the creditor. Credit Bureaus or Credit Collection Services are not to receive a distribution unless it is a valid claim of the Collection Service and not that of an agent. The Clerk or deputy appointed shall supervise payments of debts and distribute the funds in each case at least every six months unless the amount available does not equal 25% of the claims listed. When a debtor pays directly, the Clerk shall require the debtor to produce payroll stubs or similar records and the Clerk may refuse to accept payments, or installments thereof which do not equal the amount required by law. If the payments are not made for thirty days, the trusteeship shall be dismissed and the proceeds distributed. The Clerk may not accept payments into a trusteeship where the debtor pays direct unless the tender of payments is made by the debtor, his agent or attorney within four days after the receipt of the personal earnings by the debtor. This requirement can be waived only by the judge of the Court.

C. Dismissal: The dismissal of a trusteeship by rule of court or upon motion of counsel for one of the creditors listed therein shall make the debtor filing of said trusteeship ineligible for reinstatement or refiling an application for another trusteeship for a period of six months from the date of the dismissal; provided, however, that such trusteeship be reinstated upon the tender and payment to the Clerk of Court as trustee the amount of money required by law to make such trusteeship current to the date of such tender, if the approval of the judge of the court is first obtained.

7.00 SALES AND CONFIRMATION:

A copy of a notice of the sale of personal property shall be mailed by the bailiff to the parties and to attorneys of record in the case. However, a failure to mail such notice shall not invalidate a sale. Entries of confirmation in distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the court and also a statement of the balance, if any, still due on the judgment.

8.00 DEPOSITS:

A. WITNESS: No subpoena for a witness in a Civil proceeding shall be issued until a witness fee cost and estimated mileage is deposited with the clerk. A witness who testifies or is available for the purpose shall receive this fee upon presentation of the subpoena to the Clerk of Court.

B. EXECUTION, REPLEVIN, ATTACHMENT: Before any writ may be issued in an execution, replevin, attachment or any other process against chattel property other than personal earnings, a sum of money sufficient to pay the cost of moving, storage, advertising and the care of any custody of property must be deposited with the Clerk to secure such expenses. The amount of such deposit shall not be less than One Hundred Dollars.

9.00 CRIMINAL DIVISION:

A. BAILIFF: The bailiff or deputy selected by the judge shall formally open sessions of Traffic and Criminal Court and shall enforce and maintain order.

B. CONTINUANCES: The court is opposed to delay in the handling of its business. In cases where continuances are necessary, the limit of time allowed will be one week, unless good cause is shown why a longer time is required.

C. BAIL: Officers in charge shall release any person arrested or charged with any misdemeanors, who give bail or execute a bond according to law and satisfaction of the Clerk in the amount indicated in the bail or bond schedule. The Court shall set bond in all felony cases.

1. REGISTRATION OF BAIL BOND AGENTS

a. The Miamisburg Municipal Court requires a bail bond agent to register with the Clerk of the Miamisburg Municipal Court before a bond may be filed in this Court. (O.R.C. 3905.87).

b. To register, a bail bond agent shall file with the Clerk of Court, Criminal Division, a certified copy of the surety bail bond agent’s appointment by power of attorney from each insurer that the bail bond agent represents.

c. The bail bond agent shall keep his or her registration current by filing a certified copy of a renewed power of attorney by the first day of August of each odd-numbered year.

d. A bail bond agent must produce a current state bail license each time a bond is filed in the Miamisburg Municipal Court (O.R.C. 3905.84 and 3905.85).

D. BOND FORFEITURE: Where bond or bail has been posted by a bondsman and the Defendant fails to appear as scheduled, a notice in writing shall be sent by certified mail to the bondsman advising said bondsman that he has twenty (20) days within which to present the Defendant before the Court. In the event the bondsman has failed to bring the Defendant before the Court within the required twenty (20) days, said bondsman shall remit the forfeited sum to the Court on or before the thirtieth (30th) day after the original notice of forfeiture. Failure to remit the bonds on or before the thirtieth (30th) day shall result in the bondsman’s privileges being revoked forthwith, and shall remain such until reinstated by the Judge of this Court after hearing..

Where the defendant has bond money on file with the court and fails to make a scheduled appearance, the bond may be forfeited by the court and a warrant may be issued for the arrest of the defendant.

E. ARRAIGNMENTS: Misdemeanor arraignments will be held at 9:30 a.m. on each Wednesday for all criminal cases and 1st, 2nd, 3rd and 4th degree traffic cases. Minor misdemeanor traffic cases will be held every Tuesday at 3:00 p.m.

F. TRIAL BY JURY: A demand for a trial by jury must be in writing and filed with the Clerk of Court not less than ten days prior to the date set for trial, or on or before the third day following receipt of notice or of the date set for trial, whichever is earlier. Failure to demand a jury trial as provided herein is a complete waiver of the right thereto.

G. MANDATORY COURT APPEARANCES: All persons regardless of residence, must appear in court if cited for the following offenses:

1. Indictable offenses and misdemeanors.

2. Operation of a motor vehicle while under the influence of intoxicating beverage or drugs, or permitting another person under the influence of intoxicating beverage or drugs to drive.

3. Reckless operation.

4. Driving under suspension or revocation of driver’s license.

5. Driving without being licensed.

6. A second moving traffic offense within a twelve (12) month period.

7. Any violation otherwise eligible for processing by waiver in connection with which the officer, by reason or unusual circumstances, marked the notice to appear as “Personal Appearance Required”, drug offenses that are minor misdemeanors, school zone violations, no proof of financial responsibility insurance, driving upon a street closed during school hours, any speeding violation wherein defendant’s speed exceeds the posted limit by 36 mph or more, and all school bus violations.

8. Probation violation.

H. PROBATION DEPARTMENT: The probation director shall perform such duties as designated by the judge of this Court.

10.00 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) judicial steps.

C. CLERICAL STEPS:

1. Summons shall be served in accordance with the Ohio Rules of Civil 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 the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

2. After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the judge so the matter may be set for a hearing.

3. If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.

4. When a file has been marked “settlement entry to come” and the entry has not been received within twenty-one (21) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.

D. JUDICIAL STEPS:

1. Pre-trial Hearings: After an answer is filed, the court will then set
a pre-trial hearing which may be heard in court or by phone.

For the purpose of this rule, “pre-trial” shall mean a court supervised conference chiefly designed to produce an amicable settlement. The term “party” or “parties” used hereinafter shall mean the party or parties to the action, and/or his, hers or their attorney of record.

Any attorney for a party to the action who fails to attend at a scheduled pre-trial conference, without just cause being shown, may be punished as for contempt of this court.

Notice of pre-trial conference shall be given to all counsel of record by mail and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference. Any application for continuance of the conference shall be addressed to the judge.

Counsel attending the pre-trial conference must have complete authority to stipulate on items of evidence and must have full settlement authority.

The primary purpose of the pre-trial conference shall be to achieve an amicable settlement of the controversy in suit.

The court shall attempt to narrow legal issues, to reach stipulations as to facts in controversy, and, in general, to shorten the time and expense of trial. The court will file a pre-trial statement to become part of the record and the case embracing all stipulations, admissions, and other matters which have come before it in the pre-trial. The court shall, at that time, determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.

The judge/magistrate presiding at the pre-trial conference or trial shall have the authority to dismiss the action for want of prosecution on motion of defendant upon failure of plaintiff, and/or his counsel to appear in person or by phone at any pre-trial conference or trial; to order the plaintiff to proceed with the case and to decide and determine all matters ex parte upon failure of the defendant to appear in person or by counsel at any pre-trial conference or trial as required; to make such other orders as the court may deem appropriate under all the circumstances.

If the case cannot be settled at pre-trial, then the case will be set for trial.

2. Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel. Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the court.

There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.

3. Continuances: No party shall be granted a continuance of a trial or a 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 another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date 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 in courts of this state, so as to cause undue delay in the disposition of such cases, the judge may require the trial attorney to provide a substitute trial attorney. If the trial attorney was appointed by the court, the court shall appoint a substitute trial attorney.

4. Judgment Entries: Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within five (5) days of the decision. Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge or magistrate.

Entries of settlement may be filed at any time. The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

The journal entry shall state which party will pay the court costs.

11.00 CASE MANAGEMENT IN CRIMINAL CASES:

A. 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.

B. Scheduling of Events: The scheduling begins after arraignment. Thereafter, the case is managed in four (4) judicial steps:

1. Pre-trials: After arraignment, if requested, all first, second, third and fourth degree misdemeanors shall be set for pre-trial by the assignment commissioner within thirty (30) days. If no such request is made, said misdemeanors and all minor misdemeanors shall be set for trial.

The pre-trial shall be conducted in accordance with Criminal Rule 17.1 and a memorandum of the matters agreed upon should be filed in said case. Any attorney who fails to appear for pre-trial without just cause being shown may be punished for contempt of court.

If the parties cannot resolve the case, then the case shall be set for trial to the court unless a jury is demanded.

2. Motions: 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. All motions shall be set for oral hearing.

3. Trials: Each case not resolved at pre-trial shall be set for trial to the court. If a jury demand is timely filed, then the case will be moved to the jury trial schedule. All attorneys shall notify the court by 11:00 a.m. of the day preceding their trial of any change in plea or jury costs will be attached to their case.

4. Sentencing: Sentencing hearings shall be set within seven (7) days from trial if no pre-sentence report is requested. After the court receives the probation report, the court will set the hearing for sentencing within seven (7) days.

12.00 CASE MANAGEMENT IN FORCIBLE ENTRY AND DETAINER CASES:

A. Hearing: All forcible entry and detainer cases shall be set for hearing before the judge or magistrate 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.

B. Judgment Entries: The court shall review the findings of the magistrate and enter the appropriate judgment entry.

C. Objections to Magistrate’s Findings: The magistrate shall, at the conclusion of each case, inform the parties that they may file objections to the magistrate’s findings within fourteen (14) days, in writing.

The objections to the magistrate’s findings should state, with specificity, the reason a new hearing is requested. No oral hearing will be granted on said motion. The court shall, after consideration of the reasons in the objections to the magistrate’s findings, rule on said objections to the magistrate’s findings within fourteen (14) days of the filing of the objections.

D. Scheduling Hearing: If an answer or jury demand is filed in a forcible entry and detainer case, then the clerk shall forward the case to a judge so the case can be scheduled for the appropriate hearing. The jury deposit shall be Six Hundred Dollars ($600.00) and shall be deposited 72 hours prior to said jury trial.

E. Upon the granting of restitution, should the tenant fail to vacate the premises or remove his property therefrom, the landlord shall initiate a writ of restitution by posting with the Clerk of Courts the requisite fee for a writ of restitution.

F. Upon receipt of the writ of restitution, a representative of the Bailiff’s Office shall contact the landlord or the landlord’s attorney to set a specific date for the move-out of the tenant of his property. The Bailiff’s Office shall supervise every move-out conducted through the Court.

G. In the event the tenant vacates the premises before the scheduled move-out date, the landlord or his attorney shall immediately notify the Bailiff’s Office.

H. Once a specific date for the move-out has been set, it will then be the responsibility of the landlord or the landlord’s attorney to hire a moving and storage company approved by the Miamisburg Municipal Court and to have that company at the premises at the time and date scheduled for the move-out. Neither the Court nor any Court employee shall recommend any moving and storage company to any landlord or his attorney.

I. Any moving and storage company who undertakes a move-out pursuant to a court order must maintain a storage warehouse. Further, any moving and storage company approved by the Court must have business hours regularly posted on the inventory sheet they leave with the tenants at the time of the move-out. The phone number and address of the moving and storage company and the storage charges must be shown on the inventory sheet.

J. Any items belonging to a tenant and stored by a moving and storage company on behalf of a landlord, pursuant to a court order, shall be stored at the warehouse for at least thirty (30) days after the move-out date. After the thirty (30) days, if arrangements are not made by the tenant to redeem said items, the items may be sold in accordance with the Ohio Revised Code.

Attached hereto: Authorized Moving and Storage Companies for Use in Miamisburg Municipal Court Ordered Evictions.

13.00 CASE MANAGEMENT IN SMALL CLAIMS CASES:

A. A small claim action is commenced by filing a small claim petition, pursuant to Ohio Revised Code Section 1925.04. No defendant is required to file an answer or statement of defense. However, should the defendant fail to appear for the hearing, after being duly served, then a default judgment will be entered against said defendant. All pleading will be construed to accomplish substantial justice.

B. Upon filing of motion and affidavit, as required by Ohio Revised Code Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

C. Hearing: The hearing in small claims court shall be conducted by the judge or magistrate. The judge or magistrate shall place all parties who plan to offer evidence under oath and then allow the plaintiff and defendant to state their case. The plaintiff and defendant may subpoena and call witnesses if they desire to do so.

D. Appeal from Hearing: The magistrate shall, at the conclusion of each case, serve a copy of his finding upon the plaintiff and defendant and inform the parties that they may file objections to the magistrate’s findings within fourteen (14) days, in writing.

The objections to the magistrate’s findings should state, with specificity, the reason a new hearing is requested. No oral hearing will be granted on said motion. The court shall, after consideration of the reasons in the objections to the magistrate’s findings, rule on said objections to the magistrate’s findings.

E. The judge shall review the findings of the magistrate, and enter the appropriate judgment.

F. Collection of Judgments: The employees of the court shall assist the prevailing parties in collecting their judgments pursuant to Ohio Revised Code Section 1925.13.

14.00 SPECIAL PROCEEDINGS:

A. Purpose: The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a case management system for special proceedings to achieve a prompt and fair disposition of these matters. The following civil matters are considered special proceedings and may be heard by a judge or magistrate, to wit: small claims, forcible entry and detainer, default hearings, rent escrow, replevin, motion to cite, garnishment hearings, and debtor’s exams. The following criminal matters are considered special proceedings and they are to be heard by a judge, to wit: preliminary hearings, extradition hearings, and Bureau of Motor Vehicle hearings.

B. Schedule of Events: Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

C. Clerical steps: In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

D. After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the judge so that the matter may be set for a hearing.

E. If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.

F. When a file has been marked “settlement to come”, the clerk shall notify the parties that their case will be dismissed unless the entry is received within fourteen (14) days.

15.00 MAGISTRATE:

A. Pursuant to Civil Rule 53, Traffic Rule 14, and Ohio Rules of Superintendency, the magistrate of this court is empowered to hear and report in the following cases:

1. Default proceedings.

2. Forcible entry and detainer actions.

3. Small Claims.

4. Traffic proceedings in which a guilty plea is entered or in which the defendant executes a written waiver of the right to a trial by judge.

5. Judgment debtor proceedings.

6. Such other matters as may properly be referred by a judge.

7. Rent escrow hearings.

B. Objections to Magistrate’s Report: In all cases other than forcible entry and detainer and small claims court, the party objecting to the report of the magistrate shall file his objections within fourteen (14) days of the service of the magistrate’s report on said party. The objecting party must state with specificity his objections to said report and the relief requested. It will be the duty of the attorney filing said objections to obtain a hearing date from the assignment clerk and to notify opposing counsel of said date within three (3) days. If counsel objecting should fail to obtain a hearing date, no oral hearing will be granted.

If no objections are filed to said report, the judge shall review the magistrate’s decision and issue the appropriate order in said case.

16.0 FACSIMILE FILING RULES (ATTACHMENT I):

Download Attachment I - Facsimile Filing Rules