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Forcible Entry and Detainer Actions

(A) Appearance: Plaintiff's failure to appear will result in the case being dismissed without prejudice. Defendant's failure to appear after having been duly served will result in a Writ of Restitution for the premises.

(B) Praecipe for Writ of Restitution: The plaintiff shall file with the Clerk a praecipe for a Writ of Restitution within 15 days after the date of the judgment, unless the Magistrate or Judge issues the writ at the time of the hearing.

(C) Writ of Execution: Upon the receipt of the praecipe or order of the Court, the Clerk shall issue to the Bailiff a Writ of Execution for the premises and the Bailiff shall execute the writ within ten days unless a written motion for stay has been filed.

(D) Set-out Procedure: Should actual, physical eviction of property be required pursuant to a Writ of Restitution of premises, plaintiff shall arrange for sufficient workers to be present to accomplish the set out, under the supervision of the Bailiff, subject to the appropriate security deposits.

Forcible Entry and Detainer Case Management

(A) Hearing: All forcible entry and detainer cases shall be set for hearing before the Magistrate or Judge, pursuant to the time limits set forth in the Ohio Revised Code. The Magistrate shall, at the conclusion of the hearing, file a written report within seven (7) days.

(B) Approval of Magistrate Report: The Court shall review the report of the Magistrate and enter the appropriate Judgment Entry. For purposes of set-out, the referee report is effective upon filing unless an objection is appropriately filed.

(C) Answer/Jury Demand: If an answer or jury demand is filed in a forcible entry and detainer case, and then the clerk shall forward the file to the Assignment Commissioner for scheduling of the appropriate hearing.

 

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