These rules shall be known as the Local Rules of Practice and Procedure for the Lyndhurst Municipal Court (“Rules”). These Rules shall supplement and complement the Ohio Rules of Civil Procedure (“Civ. R.”), the Ohio Rules of Criminal Procedure (“Crim. R.”), the Ohio Traffic Rules (“Tr. R.”), the Rules of Superintendence for the Courts of Ohio (“Sup. R.”), the Ohio Revised Code (“R.C.”) and any other applicable authority.
These Rules shall be interpreted and applied so as to avoid inconsistency with other governing authority. These Rules shall be construed and applied to provide fairness and simplicity in procedure and to secure the just, expeditious and economical determination of all cases.
Effective August 21, 2023
Table of Contents
- Scope and Effective Date
- Hours of Court Sessions
- Examination of Files
- Withdrawal of Files
- Appearance and Withdrawal of Counsel
- Security of Costs
- Filing by Facsimile Transmission
- Electronic Filing of Court Documents
- Employees of the Court
- Jury Standards
- Appointment of Counsel for Indigent Defendants
- Pleadings and Motions
- Leave to Move or Plead
- Hearing and Submissions of Motions
- Failure to File Answer Brief
- Pre-Trial Procedure
- Trial Briefs
- Case Management
- Journal Entries to be Furnished
- Defaults-Dismissals by Court
- Settlements- Notification to Court
- Satisfactions-Payments of Costs
- Unpaid Costs-New Cases not to be Filed
- Statutory Demands
- Proceedings in Aid of Executions
- Fees for Additional Services
- Marriage Ceremonies
- Notice to Alleged Victims
- Traffic Camera Tickets
LOCAL RULES OF THE LYNDHURST MUNICIPAL COURT
RULE 1 – SCOPE AND EFFECTIVE DATE
These Local Rules of Court are being promulgated pursuant to Rule 5 of the Ohio Supreme Court Rules of Superintendence for the Courts of Ohio. The purpose of these rules is to supplement the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure and the Ohio Revised Code to assist counsel and litigants with cases heard in the Lyndhurst Municipal Court. Whenever any Local Rule is inconsistent with any rule promulgated by the Ohio Supreme Court, the rule promulgated by the Ohio Supreme Court shall govern. These Rules are effective August 1, 2023 and supersede all previous Local Rules of the Lyndhurst Municipal Court.
RULE 2 – HOURS OF COURT SESSIONS
The Clerk’s Office shall be open from 8:30 a.m. until 4:00 p.m., Monday through Friday, except for legal holidays. Sessions in the Civil and Criminal divisions of the Court shall be conducted Monday through Friday and at times ordered by the Court. All traffic and criminal proceedings, except pretrial conferences, shall be held in open court.
RULE 3 – EXAMINATION OF FILES
No person, except authorized Court personnel, parties, or their attorneys, shall be permitted to examine the complaint filed in any case until after the service of summons has been issued. Thereafter, such files are available to any person upon request during regular business hours. All public record information shall be made available upon reasonable request, subject to the limitation of Criminal Rule 16 and the Ohio Revised Code.
RULE 4 – WITHDRAWAL OF FILES
The Clerk of Court shall not permit the removal of any original traffic, criminal, civil, small claims or probation file from the Clerk's Office without prior written consent of the Judge. Any person seeking to remove a file from the office of the Clerk of Court must submit such a request in writing indicating the case caption, case number, destination of the file, the reason for the removal and the date and time thereof. Any files removed from the Clerk of Court’s office shall be returned to said office within twenty-four (24) hours of removal.
RULE 5 – APPEARANCE AND WITHDRAWAL OF COUNSEL
5.1 Upon the entry of appearance of counsel, all documents filed with the Court and all Court orders shall be served upon the designated counsel of record. Once an appearance is made, an attorney may only withdraw from a case with leave of court for good cause shown after filing a written motion for leave. Counsel seeking permission to withdraw must serve his or her client(s) with a copy of any motion for leave to withdraw and must include a certification in the motion identifying the address of the client(s) and the method of service.
5.2 No person who is not admitted to the practice of law before the Ohio Supreme Court may appear on behalf of another individual or entity, except as provided by O.R.C. 1925.17 or Rule II of the Supreme Court Rules for the Government of the Bar of Ohio.
RULE 6 – SECURITY OF COSTS
6.1 No action or proceeding shall be accepted for filing by the Clerk of Court without the required filing fee stated by this Court in its schedule of costs, previously ordered by journal entry.
6.2 Upon representation of indigency by a party, the Clerk of Court shall have the party complete an affidavit of indigency which will be forwarded to the Judge or Magistrate to determine if the party is indigent. If indigency is found, then the costs shall be waived. The representation of indigence through the filing of a poverty affidavit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceeding.
6.3 Costs Related to Jury Demand in Civil Cases
6.3.1 For jury trials in civil cases, a filing fee, as set out in the Court’s cost schedule, shall be paid ninety (90) days in advance of trial, unless otherwise ordered by the Court. The failure to timely make the deposit as required by court order or these Local Rules shall be deemed a waiver of the right to a trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement. In criminal cases, no deposit shall be required for a trial by jury.
- If a jury demand is made and later withdrawn, the deposit for such demand shall be returned to the depositor provided such withdrawal is made prior to summoning the prospective jurors. If the withdrawal is made following the summoning of the jurors, the party initially demanding the jury shall be assessed the costs of notifying such jurors that their services will not be required. Any juror who appears for service because of the inability of the Court after diligent effort to notify such juror, shall be paid the per diem for one day’s service, the cost of which is to be charged to the party withdrawing the jury demand.
- If an array or jury reports for service and the case is settled, all parties shall share equally in the cost of summoning the array or jury and its service.
- If a panel of jurors appears for service and trial is postponed due to the failure of a party or his/her counsel to appear, such party shall be assessed the per diem cost of the panel unless such failure to appear is the result of extreme emergency or conditions beyond control of the party or counsel as the same may be determined by the court.
RULE 7 – FILING BY FACSIMILE TRANSMISSION
7.1 All pleadings, motions, or other documents other than the original complaint or any other pleading that adds a new party, and which do not excess twenty (20) pages in length, inclusive of the cover page, may be transmitted to the Court by facsimile transmission.
7.2 The following definitions shall apply herein, unless the context requires otherwise:
7.2.1 “Facsimile transmission” means the transmission of a source document by a system that encodes a document by optical or electrical signals, and transmits and reconstructs the signals to print a duplicate of the source document to the receiving end.
7.2.2 “Facsimile machine” means a machine that can send and/or receive a facsimile transmission.
7.2.3 “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to facsimile transmission document so transmitted.
7.3 A document filed by fax shall be accepted as the original filing. The sender shall not be required to file the original document but must maintain the same for the sender’s records. Such copy must be available for production upon request of the Court with original signatures and with the original copy of the facsimile cover sheet. Moreover, the sender shall maintain the source document until the subject case is closed and all opportunities for appeal have been exhausted.
7.4 The person filing a document by fax shall also provide a cover page containing the following information:
7.4.1 The name of the Court;
7.4.2 The title of the case;
7.4.3 The case number;
7.4.4 The title of the document being filed;
7.4.5 The date of transmission;
7.4.6 The transmitting fax number;
7.4.7 An indication of the number of pages included in the transmission, including the cover page;
7.4.8 An indication that a judge or case number has not been assigned, if applicable;
7.4.9 The name, address, telephone number, fax number, and, if available, the e- mail address of the person transmitting the document;
7.4.10 For an attorney, his or her Ohio Supreme Court registration number and firm name, if any; and
7.4.11 A statement explaining the manner in which costs are being submitted, if applicable.
7.5 In the event a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may file and enter the document in the docket and file the document, or deposit it in a file of failed documents with the notation of the reason for failure. In the later event, the document shall not be considered filed with the Clerk.
7.6 A party filing a signed source document by fax shall either fax a copy of the signed source document, or the document without the signature but with the notation “/s/” followed by the name of the signing person signature appears on the signed source document. The individual filing a signed document by fax represents that a physically signed source document is in such party’s possession or control.
7.7 Each exhibit to a facsimile produced document that cannot be accurately transmitted must be replaced by an insert page describing the exhibit and why it is missing.
7.7.1 Unless otherwise directed by Court order, the missing exhibit shall be filed as a separate document not later than five (5) days following the transmission of the fax document. Failure to file the same may result in the court striking the document and/or exhibit in its sole discretion.
7.7.2 Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection 7.4 of this rule, and shall be signed and served in conformance with the rules governing the signing of service of pleadings in the Court.
7.8 Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed as of the date and time the Clerk time-stamps the document received, rather than as of the date and time of the fax transmission. The Clerk’s office shall be deemed open to receive facsimile transmission of documents on the days that the Court is regularly open for business and during the times set forth in Rule 1.
7.8.1 Fax filing may only be transmitted directly through the facsimile equipment operated by the Clerk and may be sent directly to the Court for filing.
7.8.2 The Clerk shall not be required to acknowledge receipt of a facsimile transmission.
7.8.3 The risks of transmitting a document by fax to the Clerk shall be borne entirely by the sender. Anyone using a facsimile filing is urged to verify receipt of such filing with the Clerk.
7.9 No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until Court costs have been paid.
7.9.1 Documents tendered without payment of Court costs or which do not otherwise conform to these or other applicable rules will not be filed.
7.9.2 No additional fee shall be assessed for facsimile filings.
RULE 8-ELECTRONIC FILING OF COURT DOCUMENTS
8.1 The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any particular case as designated by an administrative order of the presiding judge.
8.2 In matters where electronic filing is authorized by administrative order, the electronically filed document will be part of the official court record. Paper records, if maintained, will be considered a copy of the official court record.
8.3 The following definitions shall apply herein, unless the context requires otherwise:
8.3.1 “Electronic filing” means the transmission of a digitized source document electronically via the Internet to the clerk for the purpose of filing the document and refers to the means of transmission or to a document so transmitted.
8.3.2 “Electronic mail” means messages sent by a user and received by another through an electronic service system utilizing the Internet. Any communication sent to the court by electronic mail is not considered a legal communication of any form and will not be received or ruled upon by a judge or entered into the court record.
8.3.3 “Document” means any pleading, motion, exhibit, declaration, affidavit, memorandum, paper or photographic exhibit, order, notice, and any other filing by or to the court, except trial exhibits that have not yet been admitted into evidence by the court.
8.4 All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.
8.4.1 Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.
8.4.2 No attorney shall authorize anyone to electronically file on that attorney’s behalf, other than his/her employee or a service provider retained to assist in electronic filing.
8.4.3 The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.
8.4.4 No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
8.5 The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed by 4:00 pm EST to be considered timely filed that day. Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the Court.
8.6 A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.
8.7 The system shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronically filed documents.
8.8 A transaction number will be assigned to each document when it is received in its entirety by the receiving device of the clerk. The transaction number and the date and time of filing will be displayed on the screen of the filer’s computer, with an image of the document filed, upon successful transmission of the document. Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.
8.9 The clerk shall retain rejected documents for a period of one year from the date of transmission.
8.10 Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed with the clerk as a result.
8.11 Normal filing fees, deposits, and copy costs will be collected via filer credit card or deposit at the time the filing is processed by the clerk. Any document filed electronically that requires a filing fee may be rejected by the clerk unless the filer has complied with the mechanism established by the court for the payment of filing fees.
8.12 Documents submitted must be in a digitized format specified by an administrative order of the presiding judge.
8.13 Documents filed with the court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the court. Where an electronic mail address has been filed with the court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(E). Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.
8.14 The following documents may be filed by electronic means with the Court subject to the conditions set forth herein.
8.14.1 Ohio Uniform Traffic Tickets (OUTT)
- If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule 3(E).
- A law enforcement officer who files a ticket electronically shall be considered to have certified the ticket which shall have the same rights, responsibilities, and liabilities as with all other tickets issued pursuant to the Ohio Traffic Rules.
8.14.2 Criminal complaints shall comply with Ohio Criminal Rule 3.
8.14.3 Small claims complaints shall comply with Ohio Revised Code 1925.04(B).
8.14.4 No filer shall electronically file any document containing the following information:
- Social security numbers;
- Account numbers for an individual’s bank account, security account, debit card, charge card, or credit card; or
- Information concerning a minor, including the minor’s date of birth, age, or telephone number, or address.
RULE 9 – EMPLOYEES OF THE COURT
No employee of the Court shall at any time, whether by request or otherwise, refer or direct any person to a specific attorney, bail bondsman, bail bond company or agent. This rule should not be construed as a prohibition from referring persons who inquire, to a Bar Association reference service. No employee of the Court shall provide or offer to provide legal advice to a litigant, witness or other person. Assistance by court personnel shall be limited to supplying such persons with the necessary forms and any explanation only to the portions thereof to be completed by the party on his/her own initiative.
RULE 10 – MEDIA
10.1 Any requests for permission to broadcast, record, photograph or televise Courtroom proceedings shall be submitted in writing to the Clerk of Court as far in advance as is reasonably practical, but in no event later than one half (1/2) hour prior to the start of the proceedings sought to be broadcast or photographed, unless otherwise permitted by the Judge. The Judge shall address any request to broadcast or photograph proceedings in writing consistent with Canon 3(A)(7) of the Code of Judicial Conduct and Rule 12 of the Rules of Superintendence for the Courts of Ohio and this Rule. Any order addressing such a request shall be made a part of the record of the proceedings.
10.2 Unless otherwise ordered by the Court, not more than one (1) video camera operated by not more than one (1) in-court camera operator or one (1) still photographer utilizing not more than two (2) still cameras shall be permitted in the courtroom.
10.3 No artificial lighting device shall be utilized, however, the Judge may permit modification.
10.4 The Judge shall determine the location of the audio equipment and camera persons in the Courtroom so as not to disrupt the proceedings. Operators once located, will not be permitted to relocate during the proceedings, except to leave the Courtroom.
10.5 There shall be no audio pick-up or broadcast of conferences conducted in a Courtroom between counsel and clients, co-counsel or the Judge and counsel.
10.6 Any broadcasting, recording, photographing or televising of jurors, victims of sexual assaults, informants or undercover police officers is expressly prohibited. The Judge retains discretion to otherwise limit or prohibit broadcasting, recording, photographing or televising under objections by any victim, witness or other person.
10.7 Upon failure of media representatives to comply with guidelines contained in the Rules of Superintendence for the Courts of Ohio or this Rule, the Judge may revoke the permission to broadcast, record, photograph or televise the trial or hearing.
RULE 11 – JURY STANDARDS
11.1 The Supreme Court adopted as guidelines the “Ohio Trial Court Jury Use and Management Standards” on August 16, 1993. This Jury Management Plan is intended to further the goals and objectives of the Ohio Trial Court Jury Use and Management Standards considering the needs of the jurisdiction of the Lyndhurst Municipal Court. The Ohio Trial Court Jury Use and Management Standards found in Appendix B to the Ohio Rules of Superintendence are incorporated herein by reference. The responsibility for administration of the jury system shall be vested exclusively in the Lyndhurst Municipal Court.
11.2 Jury Commissioner. The Clerk of Court shall serve as the jury commissioner for the purpose of random selection of potential jurors and selecting jury panels unless the judge designates some other person to serve in that position on a regular or temporary basis.
11.3 Procedure for Jury Selection. Potential jurors shall be drawn from a jury source list which shall constitute a list of all registered voters residing in the jurisdiction of the Lyndhurst Municipal Court, including random selection procedures using automated data processing equipment in accordance with these local rules and the provisions of R.C. 2313.06.
11.4 The jury commissioner shall convene and obtain at least one thousand (1,000) names, drawn at random by the Cuyahoga County Board of Elections, for potential jury trials for the year. In the event the number of prospective jurors drawn is insufficient to meet the needs of the court, the jury commissioner shall select additional names. The jury commissioner may obtain more than one thousand (1,000) names, but the jury list provided by the board of elections must be updated at least once within a two (2) year period. Each time a new list of prospective jurors are obtained from the board of elections and the names are entered into the jury list, the remaining names from the prior two (2) year period shall be purged from the jury list. Once a person has been called for jury duty at least twice during the two (2) year period, that person may be removed from the jury list.
11.5 The Court may annually review the jury source list for its representativeness and inclusiveness of the adult population in the jurisdiction as is feasible. If the Court determines that improvement is needed in the representativeness or inclusiveness of the jury source list, appropriate corrective action shall be taken.
11.6 Random selection processes shall also be utilized to assign prospective jurors to specific panels also for assignment during voir dire. Departures from random selection shall be permitted:
11.6.1 To exclude persons ineligible for service.
11.6.2 To excuse or defer prospective jurors.
11.6.3 To remove prospective jurors for cause or if challenged peremptorily.
11.6.4 To provide all prospective jurors with an opportunity to be called for jury service and to be assigned to a panel.
11.6.5 To assure that a prospective jury panel is representative, diverse and fair.
11.7 All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned. Further, all prospective jurors may be required to complete a jury questionnaire and, if appropriate, may make a request for excuse, exemption or a deferral. The summons shall be phrased to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. The summons shall also clearly explain how and when the recipient must respond and the consequences of his failure to respond. The jury commissioner shall remove from the jury list any summons returned for lack of receipt or other reasons indicating that the prospective juror would not be eligible to serve as a juror in the Lyndhurst Municipal Court.
11.8 Summoning Prospective Jurors. Prospective jurors shall be summoned for trial dates determined by the Court. Prospective jurors shall be summoned to appear in sufficient numbers to accommodate trial activity. Panels of thirty (30) to thirty five (35) persons per trial shall be summoned for service unless the Court determines that a lesser or greater number is necessary for a particular trial.
11.9 The court and counsel and/or parties are required to make efforts to resolve case scheduled for jury trial prior to the day of trial. At least two (2), but no more than seven (7) days prior to trial, the court shall conduct a final pretrial conference unless otherwise ordered by the court.
11.10 In cases where multiple trials are set for the same date, jury costs shall be assessed to the last trial settled on that date. If a trial is settled on the day of trial, all lawful jury costs shall be assessed against the party who requested the jury unless otherwise agreed to by the parties or ordered by the Court.
11.11 Persons summoned for jury service shall receive compensation in an amount determined by court order or fee schedule. These fees shall be promptly paid from the city or county treasury, as appropriate.
11.12 Any juror wishing to waive his fee for service shall be permitted to do so in writing in the clerk's office. All waived fees shall be returned to the city or county treasury, as appropriate.
11.13 The term of service for any prospective panel shall be for the completion of one trial.
11.14 Exemption, Excuse, and Deferral. All persons except those who exercise their right to exemption are subject to service. Eligible persons who are summoned may be excused from service only if it is determined that their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors, or that service upon a jury would constitute a significant hardship to them or members of the public. Persons excused from service shall be deferred and may be subject to jury service at a later time. Unless in the case of exigent circumstances or for good cause showing, all requests for excuse, exemption or deferral must be made in writing and shall be accompanied by appropriate documentation. These documents shall be retained by the court.
11.15 The following factors constitute a partial, although not exclusive, list of excuses for which a person may be excused or deferred from jury service:
11.15.1 The interests of the public will be materially injured by the juror's attendance.
11.15.2 The juror's spouse or a near relative of the juror or the juror's spouse has recently died or is dangerously ill.
11.15.3 The juror is a cloistered member of a religious organization.
11.15.4 The prospective juror has a mental or physical condition that causes the prospective juror to be incapable of performing jury service. The court or commissioners may require the prospective juror to provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for the remainder of the jury year.
11.15.5 Jury service would otherwise cause undue or extreme physical or financial hardship to the prospective juror or a person under the care or supervision of the prospective juror. A judge of the court for which the prospective juror was called to jury service shall make undue or extreme physical or financial hardship determinations. The judge may delegate the authority to make these determinations to an appropriate court employee appointed by the court.
11.15.6 The juror is over seventy-five years of age, and the juror requests to be excused.
11.15.7 The prospective juror is an active member of a recognized Amish sect and requests to be excused because of the prospective juror's sincere belief that as a result of that membership the prospective juror cannot pass judgment in a judicial matter.
11.16 Any person shall not be excused from jury service, except by the Judge, or other specifically authorized by the Judge to excuse jurors. Once a prospective juror has submitted his request for excuse, the prospective juror must report for service unless otherwise notified by the Court.
RULE 12- APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS
- The Court shall maintain a list of attorneys eligible to be assigned to defend any indigent person in a criminal or traffic case in which the defendant is charged with an offense punishable by a term of incarceration. To be eligible to be placed on the Assigned Counsel List, an attorney must submit an application demonstrating the following minimum qualifications:
12.1.1 Admitted by the Ohio Supreme Court to practice in Ohio;
12.1.2 In good standing with the Ohio Supreme Court; and,
12.1.3 Proof of legal malpractice insurance.
- The Court shall assign counsel as evenly as possible among the attorneys on the Assigned Counsel List. The Court may exercise its discretion in making appointments from the list in order to avoid conflicts of interest, to avoid conflicts with counsel’s schedule, to avoid conflicts with the Court’s schedule, and to match the circumstances of the defendant or the circumstances of the offense with counsel possessing the appropriate experience and expertise.
- Any attorney may be removed from the Assigned Counsel List for any of the following reasons:
12.3.1 Failure to comply with the Code of Professional Responsibility, the Ohio Rules of Criminal Procedure, and/or the Local Rules of this Court.
12.3.2 Refusal to accept appointments.
12.3.3 Failure to follow the Court’s billing procedures such as: (i) refusal to complete request for reimbursement forms; (ii) inaccurately completing the required request for reimbursement forms; (iii) failing to file timely request for reimbursement forms; (iv) excess billing; and (v) repeated submissions seeking fees in excess of the fee schedule.
12.3.4 Unprofessional behavior such as lack of preparation, tardiness, contentiousness, failure to follow through with responsibilities, or failing to treat court personnel with respect.
12.3.5 Repeated conflicts with indigent defendants necessitating the appointment of other counsel;
12.3.6 Accepting fees for representation of a defendant but only appearing on his behalf at arraignment necessitating the appointment of private counsel for the remainder of the case;
12.3.7 Accepting an appointment but sending other counsel to appear on behalf of the indigent defendant;
12.3.8 Having a case reversed by the Court of Appeals for ineffective assistance of counsel;
12.3.9 Seeking to withdraw, without cause, prior to the completion of the case;
12.3.10 Failure to timely file necessary paperwork; and
12.3.11 A pending disciplinary action before a local bar association or the Disciplinary Counsel.
12.4 Assigned counsel shall be compensated at a rate of $75.00 per hour for in-Court services and out-of-Court services. Assigned counsel fee applications shall be submitted to, and paid by, Cuyahoga County according to the fee schedule established by Cuyahoga County Council and the Cuyahoga County Court of Common Pleas.
RULE 13 – PLEADINGS AND MOTIONS
13.1 All pleadings and motions shall be legibly typewritten or printed on 8 1/2 “by 11” paper. The caption in every complaint shall state the name and address, if known, of each party. Subsequent pleadings and motions shall state the case number, the name of the first party plaintiff and the first party defendant. The complaint shall state in the caption the general nature of the action. Every pleading, motion, brief or other filing shall be identified by title and include the name of the individual attorney, firm, if any, attorney registration number, office address, telephone number and email address of the attorney filing or if there is no attorney representing the party then the party shall include the name, address, phone number and email address of the party filing the same.
13.2 Any pleading, motion, brief or other paper not filed in accordance with this rule may be grounds for striking the non-complying document from the Court’s file. For good cause shown, the Clerk of Court is authorized to waive this requirement for cases involving small claims, forcible entry and detainer or other types of cases or proceedings when the party is not represented by counsel. The Clerk of Court may receive requests by letter in traffic and criminal cases relating to continuances, reinstatement of driving privileges and other proceedings from parties not represented by counsel.
13.3 All documents filed with the Court must be served on the prosecutor or opposing counsel or party in accordance with Civil Rule 5 and Criminal Rule 49. Failure to show proof of service on the document filed may be grounds for striking the document from the Court’s record.
13.4 Litigants not represented by an attorney licensed by the State of Ohio shall be designated ‘pro se’. Pro se litigants shall designate this capacity on all documents filed in this Court and shall include their full name, signature, address, telephone number and e-mail address.
RULE 14 – LEAVE TO MOVE OR PLEAD
Except in actions for forcible entry and detainer or replevin, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the Court and without notice for a period not to exceed thirty (30) days. Consent of counsel may be filed as a journal entry in the case and shall be evidence of “good cause shown." Any leave to move or plead thereafter may be had only upon application to and with approval of the Court, with notice to the opposing party or counsel and for good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause. Applications for extensions of time shall be filed no later than one (1) day prior to the due date.
RULE 15 – HEARING AND SUBMISSION OF MOTIONS
15.1 Motions in general shall be submitted and determined upon the motion papers hereinafter designated. Oral arguments of motions will be permitted only upon written application to and order by the Court.
15.2 The moving party shall serve and file with a brief written statement of the reasons in support and a list of citations of the authorities on which the movant relies. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.
15.3 Responses to a written motion, other than motions for summary judgment, shall be served and filed within fourteen (14) days after service of the motion unless otherwise ordered by the Court. Responses to motions for summary judgment shall be served and filed within twenty-eight (28) days after service of the motion unless otherwise ordered by the Court. A movant’s reply to a response to any written motion may be served and filed within seven (7) days after service of the response to the motion. All motions must contain a brief written statement of the reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts not appearing in the record, the movant shall serve and file copies of all affidavits, depositions, photographs or other documentary evidence.
15.4 Reply or additional briefs upon motions may be filed only with leave of Court.
15.5 All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rule of Court shall attach a copy of the statute or regulation. Copies of unreported cases cited or referred to in a motion or brief shall also be attached.
15.6 Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and other material authorized by Civil Rule 56(C) without oral argument within forty-five (45) days after service of the motion upon opposing party.
RULE 16 – FAILURE TO FILE ANSWER BRIEF
Unless otherwise provided for in the Ohio Civil Rules of Procedure, failure to file an answer memorandum or brief in accordance with these rules may be construed by the Court as an admission that the motion should be granted.
RULE 17 – PRE-TRIAL PROCEDURE
17.1 The Court may order any case to be set for a pre-trial hearing at any time after the case is at issue. Notice of the pre-trial hearing in a civil case shall be given to counsel or all parties, by mail, not less than twenty-one (21) days prior to the date of the pre-trial hearing. Counsel and parties, if ordered, must appear before the Court at the time designated in the notice. Counsel must have full authority to stipulate on items of evidence and admissions and must have full settlement authority. The primary purpose of the pre-trial hearing shall be to achieve a settlement. If the Court concludes that settlement is not attainable, the Court may attempt to narrow the legal issues and/or to reach stipulations in order to shorten the time and expense of trial. A memorandum may be prepared by the Court reciting the actions taken at the conference, which may be made into a Court order, which shall govern the subsequent course of the action.
17.2 Parties and counsel may be required to produce or reveal any/all evidence, witnesses, documents or other matters intended to be relied upon at trial. In the event of the failure of counsel or a party to do so, the Court may impose sanctions in accordance with Civil Rule 37. The Court may advance a pending case for pre-trial at any time.
RULE 18 – TRIAL BRIEFS
18.1 Where a trial brief is required by Court order, counsel for each party shall deliver a copy to the Court and all other counsel at least two (2) business days prior to commencement of trial. The briefs shall relate to the issues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial. Delivery may be made by ordinary mail or electronic mail with a proof of service appended to each brief.
18.2 In all civil jury cases, counsel for all parties shall at least seven (7) days prior to the date of trial, furnish to the Court a brief of the issues and the law they expect the Court to present to and charge the jury. All proposed trials briefs and jury instructions are required to be exchanged with opposing counsel at the time of filing.
RULE 19 – CASE MANAGEMENT
The purpose of this rule is to establish a system for case management, which will achieve the prompt, fair and impartial administration of all cases. These rules shall be construed and applied to eliminate unnecessary delay and expense for all parties.
19.1 Use of Remote Technology to Conduct Proceedings
19.1.1 Telephone Appearances. The court on its own motion or upon the request of any party may in its discretion conduct conferences, hearings, and proceedings via telephone with attorneys and unrepresented parties.
(A) With prior Court approval, a party may appear by telephone at the following conferences, hearings, and proceedings:
- Case management/scheduling/status/review hearings;
- Non-evidentiary motion hearings;
- Hearings on discovery matters;
- Scheduling conferences and status conferences;
- Pre-trial hearings; and
- Any hearing approved in advance by the court for appearance by telephone.
(B) All evidentiary proceedings involving telephone appearances must be recorded and reported to the same extent as if the participants had appeared in person.
(C) The court may specify:
- The time and the person who will initiate the conference;
- Any other matter or requirement necessary to accomplish or facilitate the telephone conference.
(D) Upon convening a proceeding involving telephone appearance, the court shall recite the date, time, case name, case number, names and locations of parties and counsel, and the type of hearing.
(E) The court may require a party to appear in person, including video conferencing, at a hearing, conference, or proceeding in which a telephone appearance is otherwise permitted if the court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.
(F) If at any time during a hearing, conference, or proceeding conducted by telephone the court determines that a personal appearance, including video conferencing, is necessary, the court may continue the matter and require a personal appearance.
19.1.2 Video Conferencing
(A) The court on its own motion or upon the request of any party may in its discretion conduct conferences, hearings, and proceedings by the use of a live two-way video and audio conferencing platform with attorneys and unrepresented parties.
(B) All evidentiary proceedings involving video conference appearances must be recorded and reported to the same extent as if the participants had appeared in person.
(C) Upon convening a proceeding involving video conference appearance, the court shall recite the date, time, case name, case number, names and locations of parties and counsel, and the type of hearing.
(D) The court may require a party to appear in person at a hearing, conference, or proceeding in which a video conference appearance is otherwise permitted if the court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.
(E) If at any time during a hearing, conference, or proceeding conducted by video conference the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.
19.1.3 Confidential Attorney-Client Communication. Provisions shall be made to preserve the confidentiality of attorney-client communications and privilege.
19.1.4 Witnesses. In any pending matter, a witness may testify via telephone or video conference with the Court’s permission.
19.1.5 Technical Standards and Equipment. The equipment and platform used in any hearing or proceeding conducted under this rule must conform to the following minimum requirements:
(A) All participants must be able to see and/or hear and communicate with each other simultaneously.
(B) All participants must be able to see, hear, or otherwise observe any documents, physical evidence, or exhibits presented during the proceedings, either by video, facsimile, or other method.
(C) The telephonic or audiovisual technology must generate a verbatim record of the proceeding.
(D) The use of telephonic or audiovisual technology in conducting hearings and proceedings shall in no way abridge any right of the public.
(E) The telephonic or audiovisual technology must be able to be used by people with disabilities to accommodate their disabilities under the Americans with Disabilities Act.
19.2 General Civil Cases
19.2.1 The summons shall be prepared and 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 within six (6) months from the date the cause of action has been filed, the Clerk shall notify counsel that the cause will be dismissed in ten (10) days unless good cause is shown.
19.2.2 Each party is allowed not more than two (2) leaves to plead.
19.2.3 After a responsive pleading has been filed, the Clerk shall set the matter for a pre-trial hearing or trial. The purpose of the pre-trial is to set discovery and motion deadlines.
19.2.4 The avoidance of trial by settlement shall be allowed without the filing of a journal entry, provided that notice has been received by the Court prior to the trial that the case has been settled and that the settlement agreement and/or entry is forthcoming. When the Court has been advised that a settlement has been reached, the file will be marked “Hold for Entry.” If the entry has not been received within twenty (20) days, the clerk shall notify the plaintiff that the case will be dismissed, unless the entry is received within ten (10) days.
19.2.5 All motions must be in writing and be accompanied by a memorandum containing citations, legal arguments and affidavits. Briefs in opposition shall contain citations and legal arguments. All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion. A brief in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time. Motions requiring immediate attention will be ruled on earlier. No oral hearings will be granted on motions unless the parties request such and the Court deems it necessary.
19.2.6 At least one (1) pre-trial conference may be scheduled by the Court. The Court at its discretion may schedule additional pre-trials. An attorney who fails to attend a scheduled pre-trial, without just cause, may be subject to contempt of Court. Any request for a continuance shall be in writing. Such request may be faxed but no later than forty-eight (48) hours prior to the pre-trial. A request for a continuance shall not be considered granted until the Court formally rules on the request. The primary purpose of the pre-trial is to achieve an amicable settlement of the case, therefore, clients should be present and counsel shall have complete authority to stipulate on items of evidence and have full settlement authority. The Court shall attempt to narrow the legal issues, reach stipulations as to facts in controversy and in general shorten the expense and time of trial. The Court may file a pre-trial order or report to become part of the record containing all stipulations, admissions and other matters. The Court may determine the necessity for trial briefs and schedule a date no later than seven (7) days prior to the trial for their submission.
19.2.7 In the event the plaintiff or counsel fails to appear at the pre-trial or trial, the Magistrate may recommend or the Judge may order the case dismissed for want of prosecution. If the defendant or defense counsel fail to appear at any pre-trial or trial, the Court may order the plaintiff to proceed with the case and the Court may decide all matters ex parte and make such orders it deems appropriate.
19.2.8 A written motion from the party or counsel requesting a continuance shall state the reason for the continuance must be filed with the Court. Each party is entitled to one (1) timely request for a continuance. Such request shall be made no later than ten (10) days from the date when the case was set by the Court for hearing, pre-trial or trial. When the request is due to a scheduling conflict, the conflicting court notice must be attached to the request. When the continuance is requested due to the fact that counsel is scheduled to appear in another court, the case first set for trial shall have priority and the continuance shall be granted. Criminal cases set for trial shall have priority over civil cases.
19.2.9 Interrogatories and requests for admission shall not be filed with the Court except in those cases where informal attempts at discovery are ineffective and it becomes necessary to file a motion to compel pursuant to Rule 37(A) of the Ohio Rules of Civil Procedure. No interrogatories, applications or requests shall be filed except in connection with a motion to compel discovery.
19.2.10 Following trial the Court shall prepare the Journal Entry of Judgment and send copies to the attorneys or parties. Entries of settlement may be filed at any time. Settlements are encouraged and shall be allowed without the immediate filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution. A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed. Prevailing counsel shall submit a written motion for default judgment and the Court may set the matter for hearing or prepare a journal entry. Counsel for the moving party shall submit a proposed journal entry.
19.3 Small Claims Cases
19.3.1 A small claim action is commenced by filing a complaint pursuant to Ohio Revised Code Section 1925.04. The defendant is not required to file an answer or statement of defense. If the defendant fails to appear for the hearing, however, after being duly served, then the hearing may proceed without the defendant present. All pleadings will be construed to accomplish substantial justice.
19.3.2 In the discretion of the Court, a case filed in the small claims division may be transferred to the regular docket upon the motion of a party against whom a claim, counterclaim, or cross-claim is instituted or upon the motion of a third party defendant. A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the Court. The failure to file a motion to transfer a case to the regular docket of the court constitutes a waiver by the party or third-party defendant of any right to a trial by jury.
19.3.3 The Magistrate or Judge shall conduct the hearing. The Magistrate or Judge shall place all parties and witnesses under oath and each party will present their case. The parties may subpoena witnesses. The Ohio Rules of Evidence and the Ohio Rules of Civil Procedure will not apply to a hearing in Small Claims Court, unless provided by the Court. The Magistrate shall issue a report and recommendation within ten (10) days of the hearing and serve both parties with a copy.
19.3.4 At the hearing, each party is permitted to submit receipts, estimates, emails, text message, photographs or other tangible evidence that supports a party’s claim or defense. Any party relying upon video or audio evidence must submit a copy of the video or audio to the Court on a flash drive. All parties are required to bring copies of any evidence that will be submitted to the Court. Court employees will not make copies of a party’s evidence.
19.3.5 Each party may file objections to the Magistrate’s Recommendation within fourteen (14) days in writing. The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled. No oral hearing will be granted unless specifically requested in writing and ordered by the Court. The Court shall, after consideration of the reasons in the objections, rule on the objections. When no objections are filed, the Judge shall review the Magistrate’s report and enter the appropriate judgment.
19.3.6 Employees of the Court and Clerk are not attorneys and are prohibited from giving legal advice, however, employees may assist the prevailing parties by advising them of the options available to collect judgments.
19.4 Forcible Entry & Detainer Cases
19.4.1 Cases for Forcible Entry & Detainer shall not include claims or counterclaims for money damages. Claims for money damages shall be filed as separate civil actions and shall be assessed a separate filing fee. The Court shall hear each case separately.
19.4.2 Forcible Entry & Detainer cases shall be set for hearing before the Judge or Magistrate, pursuant to the time limits set forth in the Ohio Revised Code. The Ohio Rules of Evidence and the Ohio Rules of Civil Procedure apply to these hearings. The complaint shall be accompanied by evidence of current proof of ownership of the property. Summons in forcible entry & detainer cases will be served in accordance with the Ohio Revised Code. If a jury demand is filed, the defendant shall be required to post a civil jury deposit as required in Local Rule 6.
19.4.3 The Court will prepare and serve a copy of the judgment entries.
19.4.4 In forcible entry and detainer cases, in which the Court has issued a writ of restitution, the Bailiff shall schedule the move-out and shall be in attendance at the time of execution of the writ of restitution, but shall not make advanced arrangements for movers or conduct the physical removal of Defendant’s personal property. Plaintiff or their agent shall secure movers to conduct for the actual move-out of the Defendant’s personal property from the premises and to arrange for the post move-out storage of Defendant’s personal property for a period of not less than thirty (30) days. Any mover or storage facility retained by Plaintiff to physically remove and store Defendant’s property shall be licensed, bonded, and insured. The property of Defendant shall not be placed upon the tree lawn of the premises for pick up by the City of Lyndhurst’s waste hauler. Nothing in this rule shall prevent a party from recovering the costs of restitution of the premises in a separate action for money damages.
19.5 Traffic and Criminal Cases
19.5.1 All pleas of not guilty shall be made in open court except as permitted by Traffic Rule 8 and Criminal Rule 10. All not guilty pleas shall be set for a pre-trial. All pre-trials shall be scheduled for the next available session or as soon as practicable for the parties and counsel. Attorneys and their clients shall appear for all pre-trials and be prepared to discuss all issues and resolve the matter if possible. Any attorney who fails to appear for pre-trial without just cause may be subject to contempt of court. Failure of the defendant to appear for pre-trial may result in the issuance of a capias for the defendant’s arrest. If the parties cannot resolve the case, then it shall be set for trial before the Court unless a jury is timely demanded.
19.5.2 All motions shall be made in writing and accompanied by a written memorandum containing citations and argument by counsel. All motions must be filed in accordance with the Ohio Rules of Criminal Procedure. Motions for continuances must be filed no later than forty-eight (48) hours prior to the scheduled hearing. Said motions may be e-filed or faxed to the Court, however, no continuance is considered granted until ruled on by the Court.
19.5.3 Each case not resolved at pre-trial shall be set for a trial before the Court. If a jury demand is timely filed, then a jury trial shall be scheduled. In the event the demand for a jury trial is waived, such waiver must be in writing. All attorneys shall notify the Court no later than 1:00 p.m. the Friday preceding the trial date of any change of plea or waiver of the jury or the jury cost may be assessed.
19.5.4 Upon receipt of a pleas of guilty or a finding of guilty upon a plea of no contest, the Court shall immediately conduct a hearing and the matter will be disposed of unless the Court orders otherwise. The Court may order a sentencing hearing within seven (7) days if no pre-sentence report is ordered. If the Court orders a pre-sentence report, the Court will set the sentencing hearing within fifteen (15) days unless additional time is warranted.
19.5.5 The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Lyndhurst Municipal Court. The electronically produced ticket shall conform in all substantive respects to the "Ohio Uniform Traffic Ticket" set forth in the Ohio Traffic Rules Appendix of Forms. If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant as required by Rule 3(E) of the Ohio Traffic Rules. In every case in which an electronically produced ticket is used the law enforcement agency shall file the exact copy of the citation served upon the defendant with the Clerk's office.
RULE 20 – JOURNAL ENTRIES TO BE FURNISHED
When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten (10) days unless otherwise ordered by the Court, prepare a proper journal entry and submit it to opposing counsel, who shall approve or reject the same within seven (7) days after receipt thereof and may file objections with the Court. If opposing counsel fails to approve the entry within the time period, the entry shall be submitted to the Court, which shall make any necessary corrections and order its entry. If the prevailing party fails to furnish such entry to opposing counsel, the Clerk upon written application of the non-prevailing party, shall call the case to the attention of the Court, which may dismiss the case for want of prosecution or make such other order as may be proper under the circumstances.
RULE 21 – DEFAULTS / DISMISSALS BY COURT
21.1 In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure of such party to make demand for judgment by default under Rule 55(A) of the Ohio Rules of Civil Procedure within sixty (60) days from the time that plaintiff has notice of defendant’s default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.
21.2 A default by a defendant is an admission of all allegations in the complaint except damages. For cases based upon an account, the plaintiff is required to show that there have been no subsequent payments or credits on the account. For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Court by testimony or affidavit. Uncertified documents, not accompanied by an affidavit or testimony, may not be considered as proof of damages. The affidavit must be executed by a person with personal knowledge of the contents of the affidavit. An attorney for the moving party may not be the affiant for an affidavit for proof of damages. If there are multiple damages, a listing of all damages and credits, if any, should be filed with the Court to expedite the default proceeding, either as part of the motion for default, as an exhibit or by separate document.
RULE 22 – SETTLEMENTS – NOTIFICATION TO COURT
After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal in writing to the Clerk of Court. Failure to give written notice of settlement and non-appearance of the parties, shall subject the action to dismissal by the Court at plaintiff’s costs.
RULE 23 – SATISFACTIONS – PAYMENT OF COSTS
No satisfaction of judgment shall be entered by the Clerk of Court, unless all Court costs have been paid. No person, other than the Clerk of Court or a deputy clerk may enter satisfaction of judgment upon the records of the Court.
RULE 24 – UNPAID COSTS – NEW CASES NOT TO BE FILED
When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.
RULE 25 – STATUTORY DEMANDS
25.1 A person seeking an order of attachment against personal earnings or an order in aid of execution against personal earnings in an action, shall comply with the provisions of Ohio Revised Code Section 2716.02. A failure to comply with this provision will render the proceedings voidable.
25.2 Where the statutory demand is served personally or by leaving it at the debtor’s usual place of residence, proof of service shall be made by the affidavit of the person serving the same.
25.3 Where such demand is served or attempted to be served by registered or certified mail, proof of such service shall be made by the affidavit of the person sending the demand. Such demand shall also be accompanied by the signed registered or certified mail receipt or proof of refusal of service or by a photocopy thereof, or the certified mail envelope endorsed “unclaimed.”
25.4 A copy of the statutory demand made on defendant together with proof by affidavit of service of the statutory demand shall be filed with the affidavit.
25.5 Failure to comply with the requirements of subsection 25.4 shall not render the proceedings void, but shall effect the taxing of the cost only. Said cost shall be assessed against the party failing to comply with this Rule.
RULE 26 – PROCEEDINGS IN AID OF EXECUTION
The order in aid of execution shall provide for the attendance of the parties named therein on a date not less than ten (10) days from the date of such order. The deposit required by the Court schedule of fees and deposits, shall be made with the Clerk at the time of filing the affidavit. No alias order shall be allowed unless there has been failure of service on the writ and only after an additional deposit is made with the Clerk. Affidavits and orders in aid of execution proceedings shall be typed and sufficient copies of the affidavit and order shall be furnished for service upon the garnishee and such defendants as are required to be served. The garnishee fee as required by statute per garnishee shall accompany the affidavit. Service will be instituted in accordance with civil procedure.
RULE 27 – FEES FOR ADDITIONAL SERVICES
In cases where it becomes necessary for the bailiff to perform services in connection with property, the bailiff shall require a deposit sufficient to secure the probable charges in each case. Any reasonable charges, when approved by the Court, shall be taxed as costs of the action and any property seized under any writ or process of the Court need not be released until said charges are approved and paid.
RULE 28 – MARRIAGE CEREMONIES
The Court will perform marriage ceremonies at the Court as long as one party to the ceremony resides within the jurisdiction of the Lyndhurst Municipal Court. There shall be a non-refundable security deposit, as stated in the Court’s schedule of costs, that shall be paid in advance of the ceremony. Both parties shall bring a photo ID along with their marriage license to the ceremony. Proper dress code is required of all attendees to the ceremony.
RULE 29 – NOTICE TO ALLEGED VICTIM(S)
The City Prosecutor, City Law Director or any prosecutor in the case by appointment, shall be responsible for providing the alleged victim(s), upon request, notice of all public proceedings involving the alleged criminal offense against the victim(s) and the opportunity to be present at all such proceedings, pursuant to Rule 37 of the Ohio Rules of Criminal Procedure.
RULE 30 – TRAFFIC CAMERA TICKETS
30.1 The local authority issuing a traffic camera ticket shall be designated as the Plaintiff and the recipient of a traffic camera ticket shall be designated as the Defendant.
30.2 The Ohio Rules of Civil Procedure shall apply to all traffic camera cases except where the Rules conflict with the ORC, whereupon the ORC shall take precedent over the Rules.
30.3 The Ohio Rules of Evidence shall apply to all traffic camera cases except where the Rules conflict with the ORC, whereupon the ORC shall take precedent over the Rules.
30.4 The Ohio Criminal and Traffic Rules do not apply to traffic camera cases as these cases are deemed civil violations under the ORC.
30.5 The Clerk shall provide to court users, on the Court website and at the Clerk’s Office, forms approved by the Court suitable to effectuate the purposes of ORC.
30.6 If a transfer of liability affidavit is filed with the Court, the Clerk shall notify the plaintiff forthwith in accordance with the ORC.
30.7 If the traffic camera ticket which was mailed by the Plaintiff (or its agent) to the Defendant is returned to the Clerk for failure of service by the US Post Office, the Clerk shall notify the Plaintiff forthwith.
30.8 Automated Traffic Law Enforcement Programs
30.8.1 An Automated Traffic Law Enforcement Program issues citations utilizing a “Traffic law photo-monitoring device” as defined in ORC 4511.092(J) and does not require the assistance of a law enforcement officer to sense the presence of a motor vehicle or to produce a recorded image.
30.8.2 For traffic camera tickets issued pursuant to an Automated Traffic Law Enforcement Program, the Plaintiff shall pay the filing fee stated by this Court in its schedule of costs for each traffic camera case in advance of the date of filing but not later than the actual date of the filing of the traffic camera ticket with the Clerk, except for traffic camera cases arising in a school zone as prescribed by the ORC.
- In school zone cases, the Clerk shall collect the filing fee from the party which loses at trial.
- In the event the Plaintiff dismisses the school zone case, the Plaintiff shall pay the filing fee.
- When service of the school zone ticket is not made on the Defendant within six (6) months from the date of filing of a ticket with the Clerk due to failure of service, the Plaintiff shall pay the filing fee.
30.9 Officer-Operated Handheld Traffic Law Enforcement Programs
30.9.1 An Officer-Operated Handheld Traffic Law Enforcement Program issues citations utilizing a handheld electronic device that can determine the speed of a moving vehicle only upon manual activation by a Law Enforcement Officer who senses the presence of a motor vehicle and activates the device. Such devices do not have a means of automatically sensing the presence of a motor vehicle that then automatically produces Recorded Images.
30.9.2 Citations issued pursuant to an Officer-Operated Handheld Traffic Law Enforcement Program shall not be filed with the Lyndhurst Municipal Court.
30.9.3 A Request for Hearing of a citation issued pursuant to an Officer-Operated Handheld Traffic Law Enforcement Program must be filed in the Lyndhurst Municipal Court. A filing fee, as stated by this Court in its schedule of costs, will be taxed to the case and the Clerk shall collect the filing fee from the party which loses at trial.
30.10 The Plaintiff shall provide each Defendant with a form, prescribed by the Court and which sets forth the rights of the Defendant, at the time notice of the ticket is mailed to the Defendant by the Plaintiff as required in the ORC.
30.11 If a Defendant fails to exercise the rights set forth in ORC by failing to pay the ticket amount, filing a transfer of liability affidavit, or by requesting a hearing, the Court may enter a default judgment in the amount claimed by the Plaintiff.
30.12 If the Defendant requests a hearing, the Clerk shall set the case for pretrial forthwith and shall provide for remote and in-person appearance. If the case is not resolved at the pretrial or prior thereto, the Clerk shall set the case for trial forthwith.
30.13 All traffic camera cases shall be concluded within six (6) months from the date of filing with the Clerk of Court. A traffic camera ticket case shall be deemed concluded if one of the following apply:
- The Defendant pays the full penalty amount;
- The Defendant files a fully executed Affidavit of Defense;
- The Defendant files a request for hearing and a final judgment is entered thereon;
- The Defendant takes no action and a default judgment is entered thereon; or
- The ticket is dismissed for failure of service by the Plaintiff.