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 February 1, 2022
- Scope and effective date
- Hours of Court
- Examination of files
- Costs and filing fees
- Facsimile Filing
- Electronic Filing
- Admission of Out-of-State Attorney
- Appearance and Withdrawal of Counsel
- Appointed Counsel
- Recording of Proceedings
- Courtroom Conduct
- General Motion Practice
- Pleadings and Motions
- Bailiff Service
16. Criminal Complaints and Traffic Citations
17. Appearance of the Defendant
18. Video Hearings
19. Motion Practice
20. Case Management
21. Jury Management
22. Jury Instructions
25. Traffic Violations Bureau
27. Civil Jurisdiction
28. Security for Costs/Deposit for Jury Trial
29. Leave to Move or Plead
30. Case Management
32. Trial Brief and Jury Instructions
33. Settlement and Voluntary Dismissal
34. Default Judgment
35. Satisfaction of Judgment
36. Forcible Entry and Detainer Actions
38. Aid of Execution
SMALL CLAIMS DIVISION
41. Small Claims Jurisdiction
42. Small Claims Pleading
43. Counterclaim, Cross–Claim
44. Third Party Claim
48. Transfer to Regular Civil Docket
49. Small Claims Trial
51. Objection to the Magistrate’s Decision
Rule 1 Scope
(A) These local rules are hereby adopted for the governance of the practice and procedures in the Lyndhurst Municipal Court. These rules are adopted pursuant to Article IV, Section 5(B) of the Ohio Constitution, Rule 83 of the Ohio Rules of Civil Procedure and Rule 5 of the Rules of Superintendence for Courts of Ohio.
(B) These rules are adopted to facilitate the expeditious disposition of cases in the Lyndhurst Municipal Court.
(C) These local rules are effective as of February 1, 2018, and shall supersede and replace any local rules previously entered by the Lyndhurst Municipal Court.
Rule 2 Hours of Court
(A) The offices of the Lyndhurst Municipal Court shall be open weekly for the transaction of business between the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday, except for scheduled holidays wherein the Court is closed.
(B) Traffic/Criminal cases are generally conducted weekly Monday through Thursday as follows:
- City of Lyndhurst’s arraignment sessions are on Mondays at 8:00 a.m., followed by Pretrials, bench trials and/or special hearings beginning at 8:30 a.m. scheduled throughout the day.
- City of Mayfield Heights’ arraignment sessions are on Tuesdays at 8:00 a.m., followed by Pretrials, bench trials and/or special hearings beginning at 9:00 a.m. scheduled throughout the day.
- Cities of Richmond Heights and Highland Heights’ arraignment sessions are on Wednesdays at 8:00 a.m. Pretrials, bench trials and/or special hearings for these cities alternate on Wednesdays at 8:30 a.m. No contested cases are heard when Jury Trials are scheduled.
- The Villages of Mayfield and Gates Mills’ arraignment sessions are on Thursdays at 8:00 a.m. Pretrials, bench trials and/or special hearings for these villages alternate on Thursdays at 9:30 a.m. No contested cases are heard when Jury Trials are scheduled.
- Special motion hearings, felony initial appearances, trials and/or video conferences pursuant to pre-arranged agreed dates shall be scheduled through the Scheduler of the Criminal Division at (440) 461-6500 extension 205.
- Jury Trials are scheduled as the schedule permits during the following months: January, March, April, June, July, August, September and October.
(C) Civil cases are generally scheduled Thursday and Friday between 8:30 a.m. and 3:00 p.m.
(D) Notwithstanding the aforementioned hours of the Court, these times may be extended or diminished by special order of the Court based upon need and/ or availability.
Rule 3 Examination of Files
(A) Court files may be examined at the office of the Clerk of Court under the supervision of the Clerk or Deputy Clerk during regular business hours subject to the limitations of Criminal Rule 16. Disclosure of all public record information shall be made upon request.
(B) No document shall be removed from a Court file.
(C) Upon request, copies of documents will be provided at the cost of five ($.05) cents per page, and certified copies at the cost of three ($3.00) dollars per pleading.
(D) No file whether Civil or Traffic/Criminal may be removed from the Clerk’s office without the consent of the Judge or Clerk of Court.
Rule 4 Costs and Filing Fees
(A) The Court has adopted a schedule of costs and filing fees in Civil and Traffic/Criminal cases (Appendix A) which may be amended by order of the Court. A copy of same may be obtained from the Clerk’s office.
(B) The Court shall charge a Special Projects Fee pursuant to Ohio Revised Code 1901.26(B) on each cause charged in a Civil, Traffic and/or Criminal complaint.
(C) In any Civil case, in which a pleading or motion requires a filing fee, the filing fee shall either be paid upon the filing of an original document, or the filing fee shall be paid, within three (3) days of the facsimile filing. Payments not received in a timely manner may result in the filing being returned.
(D) In any Traffic/Criminal case, in which a pleading or motion requires a filing fee, the filing fee shall either be paid upon the filing of an original document, or the filing fee shall be assessed as costs, regardless of the manner of filing.
(E) If a party requests a time-stamped copy of their filing, the party shall provide a copy of the first page of the document together with a self-addressed stamped envelope.
(F) A party may file an Affidavit of Indigency with regard to a required filing fee. The affidavit shall set forth the reasons that the person is unable to pay.
Rule 5 Facsimile Filing
(A) This Rule regarding facsimile filing applies to Civil and Traffic/Criminal proceedings in this Court to the extent provided for herein.
(B) A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court, however, they shall maintain in their records and have available for production on request by the Court the source document filed by fax, with original signatures otherwise required under the applicable rules, together with the source copy of the facsimile coversheet used for the subject filing. In addition, any document filed by facsimile shall have the same effect as any other original document provided that the sender of the transmission has confirmation of its receipt by the Court. Any duplicate documents filed may be stricken from the file pursuant to the discretion of the Court. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.
(C) As used in these Rules, unless the context requires otherwise:
(1) A “facsimile transmission” means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end.
(2) A “facsimile machine” means a machine that can send and receive a facsimile transmission.
(3) A “fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.
(D) The person filing a document by fax shall also provide therewith a cover page containing the following information:
(1) The name of the Court;
(2) The title of the case;
(3) The case number;
(4) The assigned Judge;
(5) The title of the document being filed;
(6) The date of transmission;
(7) The transmitted fax number;
(8) An indication of the number of pages included in the transmission, including the cover page;
(9) If a Judge or case number has not been assigned, state that fact on the cover page;
(10) The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the faxed document if available.
(E) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, with discretion:
(1) Enter the document in the Case Docket and file the document; or
(2) Deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Court.
The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
(F) A party who wishes to file a signed source document by fax shall either:
(1) Fax a copy of the signed source document; or
(2) Fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
(G) Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing. Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) Court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the Judge and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
(H) Subject to the provisions of these Rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Court as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission. The office of the Clerk of Court shall be deemed open to receive facsimile transmissions of documents on the same days and at the same time the Court is regularly open for business.
(I) Fax filings may not be sent directly to the Court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Court.
The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
The risks of transmitting a document by fax to the Clerk of Court shall be assumed entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
(J) Documents filed by facsimile that require a filing fee shall be accepted by the Clerk for filing. In Civil matters, the filing fee shall be paid within three (3) days. In Traffic/Criminal matters, the filing fee shall be assessed as court costs.
(K) Facsimile filings shall not exceed ten (10) pages in length. The filer shall not transmit service copies by facsimile.
Rule 6 Electronic Filing of Court Documents
(A) DEFINITIONS. The following terms used in these rules are defined in this section.
(1) CLERK REVIEW. A review of electronically filed documents by the clerk of court in accordance with court rules, policies, procedures, and practice. Court clerks may review the data and documents electronically submitted to ensure compliance with court rules, policies, procedures and practices before creating a docket entry or before docketing the case.
(2) CASE MANAGEMENT SYSTEM (CMS). A court case management system manages the receipt, processing, storage and retrieval of data associated with a case and performs actions on the data.
(3) COURT ELECTRONIC RECORD. This is any document that a court will (a) receive in electronic form, (b) record in its case management system, and (c) store in its document management system. This may include documents received in paper form and scanned into the court's DMS (see below). This will include notices and orders created by the court as well as pleadings, other documents, and attachments created by practitioners or parties. It will not include physical exhibits brought into the courtroom for the court's or jury's edification or documents and things which are not susceptible to capture in electronic form.
(4) COURT INITIATED FILINGS. These are official court documents entered into the docket or register of actions, such as notices or orders. The term "court initiated filings" is a simplification to indicate that documents will be internally created and submitted as part of the electronic court record, but could be submitted using exactly the same process as external filings if the court so desires.
(5) DESIGNATED EFILE CASE TYPES. Until such time as the court designates all filings on all cases as mandatory eFile case types, the court will designate certain cases or types of filings as mandatory, discretionary, or prohibited.
(a) Mandatory eFile Case Types. These are case types and filings that shall be submitted via the eFiling system.
(b) Discretionary eFile Case Types. These are case types and/or filings that may be submitted via the eFiling system.
(c) Prohibited eFile Case Types. These are case types and filings
that may not be filed electronically and shall be presented in paper form via traditional means via U.S. Mail or at the clerk's counter.
(6) DOCUMENT. A filing made with the court or by the court in either electronic format or scanned from paper, thus becoming part of the court's official record.
(7) DOCUMENT MANAGEMENT SYSTEM (DMS). A DMS manages the receipt, indexing, storage, and retrieval of the electronic (and scanned non-electronic) documents associated with a case.
(8) EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT. The date and time the electronic filing was received and uploaded to the clerk of court as noted by the time stamp on the submitted document.
(9) ELECTRONIC FILING (EFILE / EFILING). The electronic transmission, acceptance, and processing of a filing, referring collectively to the act of submitting documents electronically as well as the procedures and computer systems required to support said filing. A submission consists of data, one or more documents, and/or images. This definition of electronic filing does not apply to facsimile or email.
(10) ELECTRONIC FILING SYSTEM. This is the system composed of software, hardware, transport, handling, storage mechanisms, procedures, and rules to allow for the submission of eFile documents.
(11) ELECTRONIC SERVICE (ESERVICE). The electronic transmission of an original document to all other registered case participants via the electronic filing system or by other electronic means, such as email.
Upon the completion of any transmission to the electronic filing system, an electronic receipt shall be issued to the sender acknowledging receipt by the electronic filing system. ·
(12) ORIGINAL DOCUMENT. The electronic document received by the court from the filer.
(13) REJECTED FILING. A document that does not comply with the applicable court rules, policies and procedures and does not meet the requirements of clerk review.
(B) ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS
(1) All pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders, or other documents submitted in designated eFile case types shall be filed electronically through the court's electronic filing system. The clerk shall not accept or file any document in paper form in mandatory eFile case types from litigants represented by counsel.
(2) In conformity with the Revised Code, Civil Rule 5(E), Criminal Rule 12(B) and the Rules of Superintendence for the Courts of Ohio, complaints, pleadings and other documents may be filed with the clerk of court electronically via the Internet, subject to the provisions in this rule.
(3) APPLICATION OF RULES AND ORDERS. Unless otherwise modified by approved stipulation or court order, all rules of civil, criminal, and appellate procedure, local rules, and orders of the court shall continue to apply to all documents electronically filed.
(4) COURTESY COPIES. Paper courtesy copies of documents filed electronically shall not be delivered to the court, unless specifically requested by the Court or required by applicable rules.
(C) ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS
(1) For all designated eFile case types, the court shall issue, file, and serve pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified mail service, subject to the provisions of this rule.
(2) For all designated eFile case types, the filer shall file and serve Civ.R. 5 notices, orders,
and other documents using courier, mail, or electronic means. Proof of service must be filed with the clerk.
(D) DESIGNATION OF ELECTRONIC FILING CASES
(1) Upon the designation of any particular case type as an eFile case or filing, the parties to that case who are represented by counsel shall promptly take steps to allow their counsel to file, serve, receive, review, and retrieve copies of their pleadings, notices, orders, and other documents filed in the case electronically. By definition, parties filing electronically or receiving electronic service of any documents filed must become participants in the court's electronic filing system.
(2) For eFile case types designated as mandatory, the court shall not accept or file any pleadings or instrument in paper form. Parties represented by counsel shall eFile a document by registering to use the court's electronic filing system.
(E) CONFIDENTIAL AND UNIQUE ELECTRONIC IDENTIFIER. The court's electronic filing system shall assign the party's designated representative(s) a confidential and unique electronic identifier that must be used to file, serve, receive, review, and retrieve electronically filed pleadings, orders, and other documents filed in the assigned case. Each person to whom a unique identifier has been approved shall be responsible for the security and use of such identification. All documents filed electronically will be deemed to be made with the authorization of the party who is assigned to the specific unique electronic identifier, unless the party demonstrates to the satisfaction of the court, by clear and convincing evidence, to the contrary.
(F) PRO SE LITIGANTS. All filings by parties appearing pro se shall be filed and served in paper form, unless the party petitions the court, and the court allows the party, to file and serve electronically, in which case the party may do so through the court's electronic filing system. The clerk of court shall scan the paper document and, as required by applicable rules, may return the paper copy to the pro se litigant, retain the original paper copy, or take other actions the clerk deems appropriate.
(G) OFFICIAL COURT RECORD
(1) For case types designated for electronic filing, parties shall file all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, notices, orders, or
other documents electronically through the court's electronic filing system.
(2) For documents that have been electronically filed or documents filed in paper format that have been scanned and uploaded to the electronic filing system, the electronic version constitutes the official court record.
(3) Electronically filed papers have the same force and effect as those filed by traditional means.
(H) FORM OF DOCUMENTS ELECTRONICALLY FILED
(1) FORMAT OF ELECTRONICALLY FILED DOCUMENTS. All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings, and in any other format as the court may require from time to time. A filed pleading shall not be filed as a scanned image document. Such pleadings shall be filed in a PDF format that permits word searches. A filed document shall not contain links to other documents or references in the court's case management system, unless they are incorporated into the filed document. External links are prohibited.
(2) LOCATION OF DATE AND TIME STAMP. Filers must leave a marginal location at the top right of each page for date and time stamps. This blank space must be no less than 2-1/2 inches wide and 3/4 inch high.
(3) PORTABLE DOCUMENT FORMAT. All electronically filed documents, pleadings, and papers shall be filed with the clerk in portable document format (PDF) with the exception of proposed orders. Proposed orders must be submitted in Word [.doc or .docx] and reference the specific motion to which it applies. The electronic filing system will electronically transmit the proposed order to the assigned judge or judicial hearing officer.
(4) SIZE OF FILING. Documents shall be limited to ten megabytes (10MB) in size. No combination of PDF files in one transmission may accumulate to more than thirty megabytes (30MB) in size. The formatting requirements and limitations set forth in section 1.03 of these rules apply to electronically filed documents.
(5) RESOLUTION OF FILING. Documents shall be submitted in a resolution not less than 300 dots per inch (DPI).
(a) ATTORNEY/FILING PARTY SIGNATURE. Documents filed electronically with the clerk that require an attorney's or filing party's signature shall be signed with a conformed signature of "/s/ (name)." The correct format for an attorney conformed signature is as follows:
/s/ Attorney Name
Attorney's Name Bar Number OOXXXXX
Attorney for (party)
Law Firm Address
Fax number (if any)
The conformed signature on an electronically filed document is deemed to constitute a signature on the document for the purposes of signature requirements imposed by the Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and/or any other law, rule of court, or local rule of practice or procedure.
(b) MULTIPLE SIGNATURES. When a stipulation or other document requires two or more signatures:
(i) The filing party or attorney shall confirm that the content of the document is acceptable to all persons required to sign the document. The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line.
(ii) The filing party or attorney then shall file the document electronically, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.
(c) THIRD-PARTY SIGNATURES. Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) shall be electronically filed only as a scanned image.
(d) JUDGE/JUDICIAL OFFICER SIGNATURE. Electronic documents may be signed by a judge or judicial officer via a digitized image of his or her signature. All orders, decrees, judgments, and other documents signed in this manner shall have the same force and effect as if the judge or judicial hearing officer had affixed his or her signature to a paper copy of the order and it had been entered on the docket in a conventional manner.
(I) REMOVAL OF METADATA AND PERSONAL AND PRIVATE INFORMATION
(1) Metadata includes information about the document and its contents, such as the author's name, keywords, and copyright information, used by search utilities. Metadata is invisible information retained as a document is being drafted, edited, and refined, including changes made, when, and by whom.
(2) The clerk of court has no obligation and shall not be responsible for removing metadata or any personal and private or confidential information contained in a document that is electronically filed.
(3) The following warning shall be posted on the court's e-filing portal: "WARNING: Removal of document metadata is the responsibility of the filer. Any document metadata remaining may become part of the public record." The failure to post this warning on the court’s e-filing portal does not change or alter the responsibility of the filer and does not impose any obligation on the clerk of court or the court.
(4) Any person, by utilizing the court's e-filing system, consents to defend, indemnify and hold harmless the Lyndhurst Municipal Court, and all of their judges, deputy clerks, agents, and employees, from any and all damages that may result from the theft or misuse of personal and private or confidential information, whether visible or hidden in or contained within the metadata of a document presented for electronic filing.
(5) Judges and judicial staff should remove metadata from any orders, judgment entries, or other filings where the judge deems it advisable to remove all prior versions of or any other information about that document.
(6) The following information on removing metadata is available from Adobe.com. The court does not make any representations regarding the content of any of the following information and is not responsible for maintaining any of the following information. The following information is set forth for informational purposes only:
Sanitization-Remove hidden data from PDF files with Adobe® Acrobat® XI.
With a single click, find and delete all hidden data in a PDF file, including text, metadata, annotations, form fields, attachments, and bookmarks.
(a) At the top right in Acrobat, click the Tools pane. Open the Protection panel.
(b) The sanitation tools are listed under the heading Hidden Information. To permanently remove items such as metadata, comments, and file attachments, select Sanitize Document. Click OK. To have more control over what is removed, select Remove Hidden Information.
(c) Type a name for your file, and click Save.
To learn more about removing confidential data from PDF files, see Redaction-Remove visible data from PDF files with Acrobat XI. Filers may refer to the many on-line resources, such as:
(J) TIME FOR FILING AND EFFECT OF USE OF EFILE
(1) Any document filed electronically shall be considered as filed with the court when the transmission of the court's electronic filing system is complete ("effective date and time") and payment, if required, has been successfully tendered electronically. An electronic filing may be submitted to the clerk twenty-four hours a day, seven days a week. Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of court is not open (that is, on a weekend, legal holiday, or other closure). Further, on the date on which a document must be filed, the document may be electronically filed up until11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect on that date. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time shall be deemed to have been filed on the next day. The court's electronic filing system is hereby appointed as the agent of the Lyndhurst Municipal Court Clerk of Court for the purpose of electronic filing, receipt, service, and retrieval of electronic documents.
(2) Upon receipt of a filing, the court's electronic filing system shall issue a confirmation that the filing has been received. The confirmation shall include the date and time of receipt and serve as proof of filing.
(3) A filer will receive subsequent notification from the clerk of court that the filing has been ACCEPTED, placed in a PENDING status, or REJECTED by the clerk's office for docketing and filing into the general division's case management system. Each document will receive an electronic stamp. When the filing is ACCEPTED by the clerk, this stamp will include the date and time that the filer transmitted the document to the court's electronic filing system as well as the unique confirmation number of the filing.
(4) The clerk of court shall review all filings to determine compliance with applicable court rules, policies, procedures and practices. The clerk may review the data and documents electronically submitted to ensure compliance with court rules, policies, procedures and practices before creating a docket entry or before docketing the case.
(5) If a filing is found to have any missing element or to not otherwise comply with court rules, policies, procedures and practices, the clerk of court may place the document in a PENDING status and transmit a notice to the filer. The filer will have two business days to complete the filing. If the filing is completed within two business days, it may be ACCEPTED by the clerk, and the filing will be deemed effective and completed on the date on which it originally was electronically filed. If the filing is not completed within two business days, it will be moved from PENDING status to REJECTED status.
(6) In the event that the submitted document is REJECTED by the clerk following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.
(7) All documents submitted for e-filing shall not be considered a public record until ACCEPTED by the clerk following review.
(K) SYSTEM FILING ERRORS
(1) If the electronic filing is not filed with the court because of an error in the receipt of the document by the court's electronic filing system due to circumstances under the court's or clerk of court's control, the court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically.
(2) In the event of a technical failure which renders the clerk of court's eFiling interface nonfunctional for more than one hour, the clerk may provide notice on its website indicating the anticipated resolution time and what steps filers should take in the interim. At the discretion of the clerk or by order of a judge of the court, these steps may include a period of time where paper filing is required or permitted.
(L) ELECTRONIC SERVICE OF FILINGS AND OTHER DOCUMENTS. Whenever a document is filed electronically through the court's electronic filing system, the system will generate a notification of electronic filing to the filing party or its designated counsel.
(1) COMPLAINT AND RELATED DOCUMENTS. Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also electronically file instructions for service. The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.
(2) SERVICE OF DOCUMENTS AFTER THE COMPLAINT
(a) ESERVICE. The electronic service of a subsequent pleading, filing or other documents in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under former rules. Pro se parties or attorneys who have not registered with the court's electronic filing system shall be served a paper copy by the filing party, not the court or clerk, in accordance with the applicable rules of civil procedure.
(b) CERTIFICATE OF SERVICE. A certificate of service on all parties entitled to service isstill required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled. The certificate of service shall contain the following language: I hereby certify that I served the documents by process server, regular U.S. mail, commercial carrier, or electronic means (whichever is applicable) to the following (list of parties served).
(c) SERVICE OF PROPOSED ENTRIES AND ORDERS. It shall be the responsibility of the filing party, not the court or clerk, to serve all proposed entries and orders submitted to the court for signature on all parties. Proposed orders should include a certificate of service as set forth in section (L)(2)(b) of this rule.
(3) SERVICE ON PARTIES-TIME TO RESPOND OR ACT. eService shall be deemed complete at the time a document has been received by the court's electronic filing system as reflected by the effective date and time appearing on the electronic transmittal. Effective with the commencement date of electronic filing, any period of time to respond to the served document or perform any right, duty, or act shall be strictly governed by the applicable rules of the court.
(4) FAILURE OF ELECTRONIC SERVICE. If the e-filing system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed.
(M) CONVENTIONAL FILING OF DOCUMENTS
(1) Notwithstanding the foregoing, the following types of documents may be filed conventionally, unless expressly required to be filed electronically by the court:
(a) CONFIDENTIAL INFORMATION. Personal data identifiers should be filed under separate cover in accordance with section 2.05 of these rules.
(b) DOCUMENTS FILED UNDER SEAL. A motion to file documents under seal shall be filed and served electronically. However, the documents to be filed under seal shall be filed with the clerk of court in paper form.
(c) DOCUMENTS TO BE PRESENTED TO A COURT IN CAMERA. Documents to be presented to a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents shall be filed with the clerk of court
s in paper form.
(d) EXHIBITS. Exhibits or other items that may not be comprehensibly viewed in an electronic format may be filed and served conventionally.
(N) COLLECTION OF FILING DEPOSIT AND FEES
(1) The clerk of court
s shall assess normal filing fees, and case deposits will be collected via a financial transaction device (electronic means) at the time the filing is processed. Any fees or charges associated with the payment of fees or costs via financial transaction device (electronic means) shall be the responsibility of the filer and shall be paid at the time the filing is processed.
(2) Any document requiring payment of a filing security deposit or a fee to the clerk of court in order to achieve valid filing status shall be filed and paid electronically in the same manner as any other eFile document.
(3) The electronic filing system will establish a means to accept payment of deposits and fees electronically, including the process for filing an affidavit of indigence.
(4) The clerk shall charge for the printing of pleadings, notices, orders, and other copies for service at the page rates as posted in the clerk of court fee schedule current as of the effective date and time of filing.
(O) PUBLIC ACCESS TERMINAL. The public can view electronically filed documents in the clerk's office. Users shall be charged for printed copies of documents at the page rates as posted in the clerk of court fee schedule.
LOCAL RULE 6- ELECTRONIC RECORD IS OFFICIAL COURT RECORD
(A) DEFINITIONS. See Local Rule 1.36 for definitions of terms used in this section.
(B) OFFICIAL COURT RECORD
Electronic Record may include documents that have been electronically filed as well
(1) As of October 19, 2020, the electronic record of the court's case files, stored in the court and clerk's Case Management System and Document Management System will constitute the Official Court Record of the court.-
(2) An electronic record is any document that a court will:
(a) receive in electronic form,
(b) record in its case management system, or
(c) store in its document management system.
(3) The Electronic Record may include documents that have been electronically filed as we as documents filed in paper format that have been scanned and uploaded to the electronic filing system.
(4) The Electronic Record will not include physical exhibits brought into the courtroom for the court's or jury's edification or documents and things which are not susceptible to capture in electronic form.
(5) Although there may be a physical case file associated with a case, the electronic case record will serve as the Official Court Record.
(6) For documents that have been electronically filed or documents filed in paper format that have been scanned and uploaded to the electronic filing system, the electronic version constitutes the Official Court Record.
(7) Electronically stored documents have the same force and effect as those traditionally stored in tangible form.
(8) Any records that exist in only paper form will constitute the Official Court Record.
(C) RECORD LONGEVITY
(1) The court and court clerk will establish an Electronic Records Management methodology, including the storage of Metadata, a "Continuum of Care" of the records for preservation over time, and redundant storage mechanisms to ensure the near term preservation of the court record in the event of a localized natural or man-made disaster.
(2) With the introduction of this robust and fault tolerant storage methodology, the need for microfilming of court records has been eliminated.
(3) The retention schedule for each case type shall be considered permanent unless otherwise noted in these rules or in the Rules of Superintendence.
Rule 7 Admission of Out of State Attorney Motion Pro Hac Vice
An attorney not licensed to practice law in the state of Ohio, but who is duly licensed to practice law in any other state or the District of Columbia, may, in the discretion of the Judge, be permitted to represent a party or parties in any litigation pending or to be filed in this Court after completion of all of the following conditions:
(A) File a written oath substantially in compliance with Rule I, Section 8A of the Rules for the Government of the Bar;
(B) Certify in writing that he or she has familiarized himself or herself with local Court rules and will familiarize himself or herself with the appropriate Criminal or Civil Rules, the Rules of Evidence and the Ohio Rules of Professional Conduct;
(C) Be sponsored in writing by an attorney licensed to practice law in the state of Ohio. The motion made by the licensed attorney shall certify such out-of-state counsel’s compliance with this rule and the Rules for the Government of the Bar;
(D) The sponsoring attorney shall submit with the motion and certification an entry authorizing the approval of the motion.
Rule 8 Appearance and Withdrawal of Counsel
(A) All entries of appearance of counsel in an action shall be in writing.
(B) Upon the entry of appearance of counsel, all documents filed with the Court and entries of the Court shall be served upon the designated counsel.
(C) Once an appearance is made, counsel may withdraw from a case only by written leave of Court for good cause shown. In the event it is determined that good cause has not been shown, the Court may require counsel to appear in Court and set forth reasons for withdrawal on the record.
(D) 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 in Court, except as provided by Section 1925.17 of the Ohio Revised Code or Rule II of the Supreme Court Rules for the Government of the Bar of Ohio. An executed power of attorney does not confer upon a person who is not an attorney the right or ability to represent another person in Court. Nothing in this Rule shall prohibit an employee or agent of a party from appearance in a Civil action to provide testimony on behalf of his or her employer, regarding information within that employee’s or agent’s personal knowledge, regardless of the presence or absence of the party.
Rule 9 Appointed Counsel
(A) The Court shall maintain a list of attorneys desirous of being appointed as assigned counsel for indigent Defendants in jailable criminal/traffic cases. The attorneys will be offered the opportunity for appointment as they appear on the list. The list of appointments will be reviewed semi-annually to ensure that no one attorney is being offered an opportunity for appointment at the expense of others on the list.
(B) Attorneys appointed to represent indigent Defendants shall be paid a flat rate of $100.00 per case by the Court if the Defendant is charged under Municipal ordinance. If the Defendant is charged under State code, the attorney will be paid through the Cuyahoga County Public Defender’s Office.
Rule 10 Continuances
(A) All requests and/or motions for continuances shall be submitted to the Court in writing and shall set forth the reasons requiring the continuance. No continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the other party.
(B) When a continuance is sought for the reason that counsel is scheduled to appear in another case for hearing on the same date in another Court, the movant shall attach a copy of the notice received from the other Court. Motions for continuance sought due to a conflict in hearing or trial schedules shall be ruled upon in accordance with Rule 41 (B) of the Rules of Superintendence for the Courts of Ohio.
(C) Except for an emergency, no continuance will be considered if filed less than five (5) business days prior to the hearing date unless the moving party secures the consent of the other party in writing and such consent is filed with the Court prior to the hearing date. Emergencies shall be determined within the discretion of the Court.
(D) Motions for continuance, when submitted in accordance with the above, shall be granted within the discretion of the Court for good cause shown. A continuance that has not been ruled on by the date of the hearing shall be considered to be denied.
(E) A filing fee shall be assessed for all motions for continuance. If the motion for continuance is received by the Court via facsimile, the filing fee for civil cases shall be paid to the Court within three (3) days, and the filing fee in Traffic/Criminal cases shall be assessed as Court costs.
Rule 11 Recording of Proceedings
(A) A record shall be made of Traffic, Criminal and Civil proceedings before the Court by audio electronic device. Upon written request to the Court, a party may obtain a full or partial copy of said recording in the form of a CD. The Court shall charge twenty ($20.00) dollars per recording.
(B) The Court shall maintain exclusive custody and control of the electronic recording while the case is pending. After final adjudication, the recording shall be kept for a period of five (5) years. At the expiration of such period, the recording will be recycled or destroyed.
(C) In the event a party requests to have a stenographic recording of the proceeding, such party shall arrange for the presence and payment of the Court reporter. Further, the party shall file a written motion requesting that such stenographic recording become the official transcript for the hearing. A copy of the recording or transcript shall be provided to the Court at the party’s expense.
Rule 12 Courtroom Conduct
(A) Upon the opening of any Court session, all persons in the Courtroom shall stand except for those physically unable to do so, and all persons entering the Court are subject to search. All persons in the Courtroom shall conduct themselves with decorum and in such manner as to not interfere with the proper administration of the Court’s business.
(B) All persons appearing before the Court shall, to the extent practicable, appear in appropriate dress. Improper or disrespectful dress may constitute postponement of a hearing and require a person to return to Court. Prior to approaching the bench, all persons must remove outer garments such as coats or jackets and hats unless they are religious in nature and all persons must leave any bag, purse, satchel or brief case on the table designated for such purpose by the Bailiff.
(C) Small children are not permitted in the Courtroom while the Court is in session unless they are capable of behaving as to not disturb the proceedings.
(D) No smoking, eating, drinking or chewing gum is permitted in the Courtroom. Exceptions may be granted with prior permission of the Court.
(E) No person shall loiter, behave in a disorderly manner or make course or vulgar utterances in the Courtroom or in any halls, lobby, entryway, or stairway or otherwise disrespect, interfere with, or obstruct judicial activities, proceedings or Court business.
(F) No person shall operate a cell phone, camera or recording device in the Courtroom.
(G) Failure to comply with any aspect of this Rule may result in appropriate sanction by the Court, including continuance or dismissal of the matter before the Court, or a charge for contempt of Court.
Rule 13 General Motion Practice
(A) All matters shall be made in conformity with the Ohio Rules of Civil Procedure or the Ohio Rules of Criminal Procedure.
(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.
(C) Motions shall be supported by a brief, citing applicable case and statutory law.
(D) Any motion, which, by its nature, is capable of being determined without a hearing, shall be ruled upon without hearing.
Rule 14 Pleadings and Motions
(A) All pleadings and motions shall be typed or legibly printed on paper approximately 8 1/2 by 11 inches in size and securely bound at the top.
(B) The caption of the complaint shall state the name and address, if known, of each party. The caption on any other pleading adding or naming new parties shall state the names and addresses, if known, of the new parties. All other pleadings and motions shall state the case number and the name of the first party Plaintiff and Defendant. Every pleading, motion, or other document filed in a case shall be identified by title and shall bear the name, address and telephone number of the individual filing the same. Documents filed by an attorney shall include the name of the attorney, his or her Ohio Supreme Court registration number, firm name, if any, address, phone number, facsimile number, if any, and electronic mail address, if any.
(C) Interrogatories, notices of deposition, requests for admissions, and other discovery requests shall not be filed with the Court unless otherwise ordered.
(D) Unless otherwise provided in the Ohio Rules of Civil Procedure or these Local Rules, a party opposing a motion, including motion for summary judgment, shall have thirty (30) days from the date of service to file a brief in opposition citing applicable case and statutory law.
(E) A motion to extend the time for filing a brief in opposition may be requested prior to the expiration of the thirty (30) days.
(F) The failure of a party to file a brief in opposition may be construed by the Court as an admission that the motion may be granted.
(G) All motions not heard or decided prior to trial will be disposed of at the time of trial.
Rule 15 Bailiff Service
The bailiff shall effect personal or residential service only within the territorial jurisdiction of this Court. Any party desiring personal or residential service of process outside the Court’s territory shall arrange for a process server fitting the requirements of the Ohio Rules of Criminal Procedure or the Ohio Rules of Civil Procedure. Request for bailiff service must be made in writing. An attorney of record in a case may not be a private process server except in the case of witness subpoenas.
CRIMINAL /TRAFFIC DIVISION
Rule 16 Criminal Complaints and Traffic Citations
All Criminal complaints and Traffic citations shall be filed with the Clerk in original form and in accordance with Ohio Traffic and Criminal Rules of Procedure. Traffic citations are generally heard by the Court’s Magistrates.
Rule 17 Appearance of the Defendant
(A) Persons charged with Traffic and/or Criminal offenses must be present at the initial appearance as well as all subsequent hearings except as set forth herein. The requirements of the Defendant’s initial appearance may be satisfied by counsel for the Defendant entering a plea on the Defendant’s behalf in writing, waiving the time for speedy trial, and requesting that a pretrial be set. Such writing must be filed with the Court prior to the date of the initial appearance.
(B) The Court under certain circumstances may make an exception to the Defendant’s appearance for good cause shown.
Rule 18 Video Hearings
(A) At the Court’s discretion, hearings on Criminal or Traffic matters may be held by means of closed circuit video transmission to the Court from the correctional facility where the Defendant is being held.
(B) The attorney representing the Defendant, whether retained or appointed, shall be notified of the time scheduled for the video hearing, and may be present either at the Court or the correctional facility.
(C) Video hearings will be scheduled at times mutually convenient to the Court and correctional facility involved, and must be scheduled by the Scheduler at (440) 461-6500 extension 205.
(D) In the event the Defendant personally or through counsel objects to the matter being held by video transmission, the proceedings shall take place in person in the Courtroom.
Rule 19 Motion Practice
(A) All motions shall be made in conformity with Criminal Rule 12.
(B) Any motion which, by its nature, is capable of being determined without a hearing shall be ruled on without hearing.
(C) All motions not heard or decided prior to trial will be disposed of at the time of trial.
(D) In any case where a party or counsel anticipates that a motion hearing will require more than one (1) hour, it is the responsibility of the party or counsel to notify the Court so that adequate time can be scheduled. These motion hearings are scheduled by the Court’s Deputy Clerk Scheduler at (440) 461-6500 extension 205.
Rule 20 Case Management
(A) All Criminal and Traffic cases, excepting minor misdemeanors, where the Defendant enters a plea of not guilty or not guilty by reason of insanity, is represented by counsel, and waives the right to speedy trial at the initial appearance may be set for pretrial hearing at the request of the parties or in the Court’s discretion. In the event the Defendant or counsel requests a date certain for the pretrial hearing one may be ascertained through the Court’s Scheduler prior to leaving the Court, or by calling (440) 461-6500 extension 205. Otherwise written notice of the pretrial and/or hearing date shall be provided to the Defendant and/or counsel by U.S. Mail. Defendants are required to provide current addresses and phone numbers to the Court.
(B) Defendant and counsel shall be required to personally attend the pretrial hearing as well as all other hearings. Failure of the Defendant to appear may result in the issuance of an arrest warrant and bond forfeiture. The Court may grant exception to this Rule under certain circumstances for good cause shown.
(C) Cases that are not disposed of at the conclusion of the pretrial conference will be set for trial unless specifically indicated otherwise by the Court.
(D) All trials shall be scheduled before the Court unless the Defendant files a timely written jury demand.
(E) Subpoenas must be filed seven (7) days prior to the scheduled hearing date. Costs shall be added to the case.
Rule 21 Jury Management
(A) All jury trials shall be conducted in a manner consistent with the proceedings adopted by the Supreme Court of Ohio’s Ohio Trial Court Jury Use and Management Standards.
Rule 22 Jury Instructions
In jury cases, all parties desiring specific jury instructions shall, at least seven (7) days prior to trial, file proposed jury instructions with the Court and serve the same upon opposing counsel.
Rule 23 Sentencing
(A) Upon a finding of guilty, sentencing shall occur immediately unless otherwise permitted by the Court.
(B) Prior to sentencing and in its discretion, the Court may refer the Defendant to the Probation Department for a pre-sentence investigation.
(C) Costs, fines and monies for restitution are expected to be paid immediately after sentencing unless otherwise permitted by the Court. In the event the Defendant is unable to make payment in full of all sums required, the Defendant may, at the discretion of the Judge or Magistrate, be referred to participate in Court Community Service or to sign a payment agreement or in restitution cases be referred to the Probation Department.
(D) Failure to satisfy monies owed may result in a Probation Violation, License Forfeiture Suspension and/or case being referred to collections.
Rule 24 Probation
(A) The Court shall determine eligibility for Probation. Any Defendant who is referred to Probation shall meet with the Probation Officer immediately after sentencing. In the event the Probation Officer is unavailable to meet with the Defendant, it shall be the Defendant’s affirmative duty to schedule a Probation appointment by contacting (440) 461-6500 the next business day.
(B) The Probation Officer shall provide a copy of the Court’s conditions of Probation to each Defendant referred for Probation and secure the Defendant’s signature upon the same.
(C) The Probation Officer shall inform each Defendant referred to Probation of the specific terms thereof.
(D) A determination by the Probation Officer that the Defendant has failed to agree to or comply with the conditions of Probation, or with the terms of Probation, shall result in the scheduling of a Probation violation hearing and may result in the imposition of the original sentence in whole or in part.
(E) The Defendant shall pay a Probation supervision fee as the Court deems appropriate.
Rule 25 Traffic Violations Bureau
(A) Pursuant to Traffic Rule 13 and Criminal Rule 4.1, there is hereby established a Violations Bureau and the Clerk of Court is hereby appointed as Clerk thereof.
(B) The Violations Bureau shall have authority to dispose of Traffic offenses with the exception of the following that require a Court appearance:
(1) Indictable offenses;
(2) Operating a vehicle while under the influence of alcohol or any drug of abuse/Physical Control;
(3) Leaving the scene of an accident;
(4) Driving while under suspension or revocation of a driver’s or commercial driver’s license when jail is a possible penalty.
(5) Driving without being licensed to drive, except where the driver’s or commercial driver’s license has been expired for thirty (30) days or less;
(6) A third moving violation within a twelve (12) month period when jail is a possible penalty;
(7) Failure to stop and remain standing upon meeting or over-taking a school bus stopped on the highway for the purpose of receiving or discharging a school child;
(8) Willfully eluding or fleeing a police officer;
(9) Drag racing;
(10) Willful Wanton Disregard for Safety/ Reckless Operation
(11) Speeding tickets that are thirty (30) mph or more, over the limit;
(12) Any violation in which the officer marked the notice as personal appearance required.
(C) There is hereby established a waiver schedule of fines and costs for subject offenses. Such schedule shall be displayed at the Clerk’s office of the Court and posted on the Court’s website, www.lyndhurstmunicipalcourt.org.
(D) Within seven (7) days after the date of issuance of the ticket, or transfer of the matter to this Court, a Defendant charged with an offense that can be processed by the Violations Bureau may:
(1) Pay in person at the Violations Bureau, sign a plea of guilty and waiver of trial provision on the ticket, pay the total amount of fines and costs, by cash, personal check, certified check, money order, VISA or MasterCard. Proof of financial responsibility must be shown if not clearly marked on the citation.
(2) Pay by mail, sign a plea of guilty and waiver of trial provision on the ticket, pay the exact total amount of fines and costs by personal check, certified check or money order. A copy of proof of financial responsibility must be included if not clearly marked on the citation.
(3) Pay by drop box located at the Lyndhurst Police Department, sign a plea of guilty and waiver of trial provision on the ticket, and pay the exact total amount of fines and costs by personal check, certified check or money order. The Court accepts cash, however, recommends cash payments be made in person. No change will be provided by Lyndhurst Police Department. A copy of proof of financial responsibility must be included if not clearly marked on the citation.
Rule 26 Authority
The Civil Division is established and operated pursuant to Ohio Revised Code Chapter 1901.22.
Rule 27 Civil Jurisdiction
(A) The monetary jurisdiction of the Civil Division is fifteen thousand dollars ($15,000.00), exclusive of interest and Court costs, and subject to other provisions of law.
(B) In order to maintain a claim in the Civil Division, the Court must have jurisdiction over the parties in one of the following ways:
(1) The transaction giving rise to the complaint occurred within the territorial jurisdiction of the Court: Mayfield Heights, Mayfield Village, Highland Heights, Richmond Heights, Gates Mills or Lyndhurst; OR
(2) The Defendant maintains his/her residence or maintains his/her business within such territorial jurisdiction; OR
(3) The parties have agreed by contract to the jurisdiction of the Court.
Rule 28 Security for Costs/Deposit for Jury Trial
(A) No action or proceeding shall be accepted for filing by the Clerk of Court unless the filing fee set forth in the schedule of costs established by the Court has been paid.
(B) Upon representation of any indigent party, such party shall file a written motion and affidavit setting forth his or her income and expenses, and the Court shall rule upon the same.
(C) When a judgment for costs against a party is unsatisfied, the Clerk may refuse to accept any new action or proceeding instituted by or on behalf of such party, unless ordered by the Court.
(D) A party filing a jury demand, in a forcible entry and detainer case, shall pay a jury demand fee and jury deposit. This demand for jury shall be made no later than three (3) Court days before the initial scheduled hearing.
(E) In all other Civil cases, wherein a jury demand is filed, the party making the demand shall pay a jury demand fee at the time of the filing. This party shall make an advance jury deposit. If the deposit is not timely, the jury demand will be deemed waived and the case shall proceed as a trial before the Court.
Rule 29 Leave to Move or Plead
(A) Except in actions for forcible entry and detainer, or in 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 exceeding thirty (30) days. Consent of counsel may be filed as a journal entry in the case and shall be evidence of good cause shown.
(B) Any additional leaves to move or plead, may be granted by order 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.
(C) Applications for extensions of time, regardless of consent of opposing counsel must be filed at least one (1) day prior to the due date.
Rule 30 Case Management
(A) All contested matters, except forcible entry and detainer and small claims, shall be set for pretrial. The Court may schedule subsequent pretrials via telephone.
(B) Where one or more party is not represented by counsel, contested matters will be set for pretrial.
(C) Counsel and parties must appear before the Court at the pretrial. Insurance adjusters may substitute for their insured, provided they have full authority to settle. No appearances by telephone will be allowed unless specifically permitted by the Judge or Magistrate.
(D) Parties will be encouraged at the pretrial to review the possibility of settlement, to simplify and narrow the issues for trial, to reach stipulations of fact not in controversy, to shorten the time and expense of trial and to consider such other matters as may aid in the disposition of the case.
(E) Parties should be prepared at the pretrial to enter into a binding case management schedule setting forth a timetable for the amendment of the pleadings, the filing of motions, the exchange of witness reports and medical and hospital records, the termination of discovery, and the trial of the action. Such schedule shall thereafter be adopted as an order of the Court.
(F) At the time of the pretrial, the Judge or Magistrate may consider other appropriate matters in accordance with Civil Rule 16 as well as the imposition of sanctions as authorized by Ohio Civil Rule 37, and such other matters as may aid in the disposition of the case.
(G) A status conference may be scheduled at the discretion of the Judge or Magistrate when necessary. Notice of said status conference shall be sent to the parties via regular U.S. mail.
Rule 31 Trial
(A) All trials shall be set before the Court unless a party to the action files a timely jury demand.
(B) Notice to the Court of the withdrawal of a jury demand shall be made no later than seven (7) days prior to the date of trial. In the event a panel of jurors appears for service and the trial is continued or postponed due to the failure of a party or his counsel to comply with this Rule or to appear, such party shall be assessed the per diem costs of the panel.
Rule 32 Trial Brief and Jury Instructions
(A) Where a trial brief is required by order of Court, counsel for each party shall file a copy with the Court and serve the same to opposing counsel at least seven (7) days prior to the commencement of trial.
(B) The trial brief shall state the issues, authorities upon which counsel intends to rely at trial, a list of witnesses, and a list of all exhibits intended for trial.
(C) In all jury cases, proposed jury instructions shall be filed seven (7) days prior to trial, a copy of which shall be served upon opposing counsel.
Rule 33 Settlement and Voluntary Dismissal
(A) In cases of settlement or voluntary dismissal, the Court shall accept notice of the same by telephone or facsimile from the person pursuing each claim. The Plaintiff shall submit an entry within fourteen (14) days of such telephone notification, unless otherwise ordered by the Court. The entry may be filed by facsimile, provided that the original is filed with the Court within three (3) days.
(B) It shall be the responsibility of the Plaintiff to notify the opposing party of the cancellation of any scheduled hearing due to voluntary dismissal unless otherwise ordered by the Court.
(C) If no entry is received within the time allowed, the Court shall issue an entry of dismissal with or without prejudice at the cost of the Plaintiff or other party notifying the Court of the dismissal.
Rule 34 Default Judgment
(A) Motions for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and the answer date.
(B) In the event the motion is accompanied by a current affidavit setting forth the claim for relief and amount of damages, it shall be ruled upon without oral hearing.
(C) In the event the motion is not accompanied by an affidavit, the motion shall be set for oral hearing. In the event an affidavit is filed prior to the hearing date, the motion shall be ruled upon without oral hearing. In the event an affidavit is not filed and the movant fails to appear or produce evidence at the hearing in support of the claim and amount of damages, the matter shall be dismissed without prejudice.
(D) All motions for attorney fees shall be set for oral hearing.
(E) Interest shall be awarded in accordance with law.
Rule 35 Satisfaction of Judgment
(A) Satisfaction of judgment shall not be entered by the Clerk of Court unless all Court costs have been paid.
(B) No person other than the Clerk of Court or a Deputy Clerk may enter satisfaction of judgment upon the records of the Court.
Rule 36 Forcible Entry and Detainer Actions
(A) Cases for forcible entry and detainer, and cases for past due rent and money damages, shall be filed separately. A separate filing fee shall be assessed for each action. The Court shall hear each case separately.
(B) Forcible entry and detainer cases shall be set for hearing before a Judge or Magistrate within thirty (30) days after the issuance of the summons.
(C) At the conclusion of the hearing, the Judge or Magistrate shall file a written decision. A copy shall be served upon all parties.
(D) In forcible entry and detainer cases, in which the Court has issued a writ of restitution, it shall be the responsibility of the Plaintiff or his or her agent to provide for the actual move-out of the Defendant from the premises, including the post move-out storage of any personal property of the Defendant. The Bailiff's office shall schedule the move-out and shall be in attendance at the time of the execution of the writ of restitution, but shall not make advance arrangements for movers or conduct the move-out. Nothing in this rule shall prevent a party from recovering the costs of restitution of premises as damages in an appropriate case pursuant to law.
Rule 37 Garnishment
(A) A party seeking a garnishment of personal earnings or property shall comply with the provisions of Ohio Revised Code 2716.01, et seq.
(B) Sufficient copies of the garnishment documents shall be filed with the Court for service upon the garnishee and the appropriate parties. The garnishee fee shall accompany the affidavit. In the event that the appropriate number of copies are not filed with the Court, the Court reserves the right to charge the filing party five ($.05) cents per copy.
(C) The Court shall not accept garnishment forms that contain carbon inserts.
Rule 38 Aid of Execution
(A) All proceedings in an aid of execution shall comply with the provisions of Ohio Revised Code 2327.
(B) Sufficient copies of the aid of execution order shall be filed for service upon the appropriate parties. The applicable fees shall accompany the order.
SMALL CLAIMS DIVISION
Rule 39 Authority
The Small Claims Division is established and operated pursuant to Ohio Revised Code Chapter 1925.
Rule 40 Purpose
(A) The purpose of the Small Claims Division is to allow parties to resolve minor disputes efficiently without requiring the services of an attorney. Litigants are permitted to obtain an attorney if desired.
(B) The Small Claims Division of the Court is for monetary judgments only. Complaints seeking the return of property or an order requiring a party to perform a certain act must be filed in the Civil Division.
Rule 41 Small Claims Jurisdiction
(A) The monetary jurisdiction of the Small Claims Division is six thousand dollars ($6,000.00), exclusive of interest and Court costs, and subject to other provisions of law.
(B) In order to maintain a claim in the Small Claims Division, the Court shall have jurisdiction over the parties in one of the following ways:
(1) The transaction giving rise to the complaint occurred within the territorial jurisdiction of the Court: Mayfield Heights, Mayfield Village, Highland Heights, Richmond Heights, Gates Mills or Lyndhurst; OR
(2) The Defendant maintains his/her residence or maintains his/her business within such territorial jurisdiction; OR
(3) The parties have agreed by contract to the jurisdiction of the Court.
Rule 42 Small Claims Pleading
(A) The Plaintiff may initiate a small claims action by filing a complaint and paying the required costs.
(B) No party is required to file a responsive pleading such as an answer to the complaint, counterclaim, cross-claim, or third party complaint.
(C) Upon the filing of the complaint, the case shall be set for trial.
Rule 43 Counterclaim and Cross-Claim
(A) All counterclaims and cross-claims shall be filed at least seven (7) days before the scheduled trial.
(B) Any party filing such pleading shall send copies to all opposing parties by regular U.S. mail.
(C) Any pleading which is not timely filed shall be stricken from the file. If the claim is timely filed, the Clerk shall issue a notice of trial date to all parties.
Rule 44 Third Party Claim
(A) Any party seeking to join a new party to a pending case shall file a third party complaint at least seven (7) days before the scheduled trial date.
(B) The Clerk shall serve the new party Defendant with the third party complaint in the same manner as the original complaint.
(C) Any pleading which is not timely filed shall be stricken from the file. If the claim is timely filed the Clerk shall issue a notice of trial date to all parties.
Rule 45 Continuance
A motion for continuance in a small claims case shall comply with this Court’s Local Rules 5 and 10.
Rule 46 Dismissal
(A) A person asserting a small claim may dismiss the small claim by contacting the office of the Clerk of Court. This may be accomplished in person, by mail, by telephone or facsimile. A dismissal entry shall be filed with the Clerk’s office within three (3) days of the notification of the dismissal.
(B) If no entry is received within the time allowed, the Court shall issue an entry of dismissal with or without prejudice at the cost of the Plaintiff or other party notifying the Court of the dismissal.
Rule 47 Subpoena
Subpoenas must be filed seven (7) days prior to the scheduled hearing date. All filing fees and witness fees shall be paid at the time of filing.
Rule 48 Transfer to Regular Civil Docket
(A) A motion to transfer a small claims case to the regular Civil docket shall be filed at least seven (7) days before the scheduled trial date.
(B) When a counterclaim, cross-claim or third party claim exceeds the jurisdiction of the Small Claims Division, a motion to transfer must accompany it.
(C) An untimely motion to transfer shall be stricken from the file.
(D) In the event the motion is not filed or is stricken from the file, the claim will be limited to the monetary jurisdiction of the Small Claims Division.
Rule 49 Small Claims Trial
(A) The trial shall be conducted by a Magistrate. The parties shall be placed under oath and shall be given the opportunity to state their cases.
(B) At the conclusion of the trial, the Magistrate shall prepare a Magistrate’s Decision. Findings of fact and conclusions of law need only be included if requested by a party.
Rule 50 Evidence
(A) The Ohio Rules of Evidence do not apply to the Small Claims Division.
(B) Any documents and/or witnesses that a party desires to be considered shall be produced at the time of trial and shall not be produced afterwards. Continuances shall not be granted on the date of trial for the purpose to submit additional documents and/or witnesses.
(C) Witnesses shall be present in Court. The Court shall not receive telephone calls from witnesses. Affidavits or depositions of witnesses shall not be accepted as evidence.
(D) In cases involving a motor vehicle collision, the party seeking damages shall submit at trial a certificate of title for the subject vehicle demonstrating ownership. Vehicle registration shall not be accepted as evidence. Failure to comply with this Rule shall result in dismissal of the claim and denial of damages.
Rule 51 Objections to the Magistrate’s Decision
(A) A party may file a written objection to a Magistrate’s Decision within fourteen (14) days. Thereafter, the other party shall have a period of ten (10) days to respond.
(B) Objections shall summarize, in writing, the evidence presented at trial and shall state with particularity the grounds for the objection. The objection shall be signed by the objecting party, filed with the Clerk’s Office and served on all other parties by regular U.S. mail.
(C) The filing of an objection shall result in a stay of the proceedings.
(D) In the event the Court overrules the objections, final judgment shall be entered.
(E) In the event the Court sustains the objection, the Judge may render a new decision or the matter shall be set for a new trial. All parties and witnesses shall appear for the new trial.