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"This republic shall be a government of laws
and not of men."
 
  :CIVIL
  .:Authority
  .:Purpose
  .:Jurisdiction
  .:Duties of Parties
  .:Case Management
  .:Judicial Steps
  .:Trusteeships
  .:Jury management
  .:Escrow
  .:Contested Hearings
  .:Continuances
  .:Small Claims Fee
 
 
Mason Municipal Court Front View

Authority

The Small Claims Division of The Mason Municipal Court is established and operated pursuant to Chapter 1925 of the Oho Revised Code and the Local  Rules of The Mason Municipa1 Court.

All Magistrate PROCEEDINGS shall be in accordance with Civil Rule 53, unless in conflict with Chapter 1925 of the Ohio Revised Code.

            Small claims and the civil divisions of this court will comply with the Ohio Rules of Courts as they relate to Trusteeships.

(A)   All small claims actions shall comply with Ohio Revised Code, Chapter 1925.04.

(B)   All parties have the right to legal representation, but the court reserves the right to control questioning and to limit cross-examination where the purposes of Small Claims Court will be best served.

(C)   The date set for appearance will be considered the answer date and a defendant may file a written response prior to the answer date or appear in open court and make an oral answer.

(D)   If the defendant fails to appear or have an answer filed, after being duly served, then a default judgment well be entered against the defendant.

(E)    All pleadings will be construed to accomplish substantial justice.

(F)    Upon filing a motion and affidavit, as required by ORC §1925.04, and upon payment of the required costs, the small claim will be transferred to the regular docket.  No transfer will be granted unless the filing costs are paid.

(G)   The hearing in small claims court can be heard either by a judge or magistrate.

(H)   The plaintiff or defendant may subpoena witnesses.

(I)      The judge or magistrate will place all parties who plan to offer evidence under oath.

(J)     The Ohio Rules of Evidence and The Ohio Rules of Civil Procedure will not apply to a hearing in small claim court.

(K)  The employees of the court shall assist the prevailing parties in collecting their judgments pursuant to ORC §1925.133

(L)    Officers or employees of this Court shall not prepare or help to prepare any pleading, affidavit, entry or order in any civil matter, except as provided under Section 1925 of the Ohio Revised Code.

 

   
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