Bailiff's Sale

On all sales of goods and chattels, the purchase price shall be paid in cash or certified bank checks, unless otherwise ordered by the Court.

The following rules will apply in any execution of personality:

1. When executing upon household goods, creditor must name the exact items to be executed upon, also make and model of items if possible. After items are tagged and before the bailiff will remove any items from a residence or place of business, shall require a deposit of $250.00 minimum to $1,000.00 maximum, depending on the type of items obtained.
2. Executions upon industrial and commercial properties must have the exact items to be executed upon, also make and model of items if possible. After industrial and commercial properties have been tagged and before the bailiff will remove any items from the location, he will require a deposit of $250.00 minimum or $2,000.00 maximum depending upon the type of items obtained.
3. When executing upon automobiles, boats, and recreational vehicles, the complainant must obtain a copy of the title and Ohio registration license number or vehicle identification number, if possible. After the vehicle has been tagged, there will be a required deposit of $200.00 per vehicle to have it removed from the residence or business property or other place where it may be found.
4. When executing upon a Writ of Restitution, the bailiff will contact the defendant ten (10) days before the execution and the defendant must vacate the premises. If restitution requires the bailiff to have personal property and household goods removed from the address where the eviction is needed, no deposit shall be required, but the defendant will have to remove the goods from the premises at the defendant’s expense, only in the presence of the bailiff.

BMV Petitions

Counsel or a Petitioner who files a complaint appealing a BMV suspension shall attach an affidavit signed by the petitioner setting forth matters necessary to consider work related driving privileges. As examples only; home address, employer’s business name and address, days and hours, business vehicles, and reasons for driving during work.

Case Management

Purpose: The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a system for civil case management which will achieve the prompt and fair disposal of civil cases.

1. Clerical Steps:
   1. Complaint: The clerk shall process all complaints within seven (7) days for service of summons. All cases filed will be tracked by event in accordance with the Supreme Court reporting requirements, utilizing the worksheet provided by the Ohio Supreme Court.
   2. Summons: Summons shall be served in accordance with the Ohio Rules of Civil Procedure.
   3. Failure of Service: In the event there is a failure of service, the clerk shall notify counsel immediately in accordance with Rule 4.1 of the Ohio Rules of Civil Procedure. If no action is taken within sixty (60) days the case will be dismissed for want of prosecution pursuant to D.M.C. Rule 17.00.
   4. Responsive Pleading: After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the Assignment Commissioner for scheduling.
   5. Administrative Dismissal: When a file has been marked "settled, hold for entry" and the entry has not been received within ten (10) days, then the clerk shall notify the party or counsel that the case will be dismissed unless the entry is received within fourteen (14) days. If no entry is received, the clerk shall forward the file to the assigned Judge for dismissal of the case without prejudice.
   6. Motions: Upon the filing of a motion, the clerk shall immediately forward the motion and case file to the assigned Judge’s office for review by the assigned Judge.
2. Judicial Steps:
   1. Pre-Trial Hearing: In all cases where an answer has been filed, a pretrial hearing will be scheduled by the Clerk of Court.
   2. Motions: After review of motions filed, the Assignment Commissioner will assign for oral or non-oral hearing if appropriate or immediately forward said file to the assigned Judge for ruling.
   3. Court Trials / Jury Trials: At the completion of the pretrial hearing, the trial date shall be scheduled by the Judge to be held within ninety (90) days of the pretrial conference.
   4. Continuances: Every request for a continuance shall be by written motion and will only be granted upon showing of good cause. All requests shall be served on opposing counsel or party. The motion shall set forth the date from which a continuance is requested, reasons for the continuance and certificate of service on opposing counsel and/or client. If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel. No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven (7) or more days prior to trial.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.

If a designated trial attorney has such a number of cases assigned for trial in courts of this state so as to cause undue delay in the disposition of such cases, the administrative judge may require the trial attorney to provide a substitute trial attorney.

1. Judgment Entries: Counsel for the party or parties in whose favor an order or judgment is rendered shall prepare a judgment entry, unless the court agrees to prepare the judgment entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within five (5) days. Within fifteen (15) days of the decision, the judgment entry shall be submitted to the judge, or thereafter, the court will prepare the judgment entry.
   1. Entries of settlement may be filed at any time. The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case may be dismissed for want of prosecution.
   2. Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case may be dismissed for want of prosecution.
   3. The judgment shall state which party will pay the court costs.

Civil Pre-Trial

No case with the exception of F.E. & D. cases shall be called for trial unless a pre-trial conference has been held. Counsel shall agree on a trial date with the Judge or Clerk of the Civil Court or his/her Chief Deputy for Civil at the time of the pretrial conference. It shall be the duty of counsel to do the following at civil pretrial hearings:

Appearance: The counsel who will be trial counsel and who is authorized to act and negotiate on behalf of the party must be present. All parties in interest must be present at the pretrial unless such presence is excused by the Trial Judge. Telephone conferences may be arranged with approval of the Judge.

If the defense is being presented by an insurer, a representative of the casualty company should attend the pretrial conference and, in that event, it will not be necessary for the defendant to be personally present.

Statements: Each counsel shall present to the Court in writing, three (3) days before a pretrial hearing, a statement of the issues involved; whether or not a jury trial previously demanded will now be waived and if not, the number of jurors demanded; whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages, if liability be found; estimate of trial time; discovery difficulties; exhibits; an itemization of special damages; witnesses; other matters which it is expected will be involved in the case; and whether a view is requested. Counsel will have in their Pretrial Statement a list of all witnesses they expect to call to testify. In the absence of reasonable notice to opposing counsel to the contrary, only those witnesses listed in the Pretrial Order will be permitted to testify at the trial. The only exceptions will be witnesses solely for the purpose of impeachment, rebuttal or other witnesses permitted to be called upon the showing of good cause.

All Pretrial Statements must contain certificates of service.

Discovery: All discovery shall be completed by the date of the pretrial conference, unless good cause is shown. Pretrial Order: Upon request of either party or the Judge, plaintiff’s counsel shall prepare and tender to opposing counsel for signature a Pretrial Order and the same shall be filed within fourteen (14) days subsequent to the pretrial and shall control the subsequent course of action unless modified at the trial to prevent manifest injustice. Exhibits: Each counsel shall bring to the pretrial conference all exhibits which are expected to be offered in evidence at the trial. Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the Pretrial Order, with the exception of exhibits to be used solely for the purpose of impeachment. Preliminary Conference: Counsel for all parties shall have a preliminary conference before the pretrial hearing at which time they will inspect exhibits, and arrive at all possible stipulations and fully explore the question of settlement. Jury Trial: An advance deposit of Four Hundred Dollars ($400.00)is required seven (7) days prior to the trial date or the jury is deemed waived. The Court will consider affidavits of hardship in appropriate circumstances. Views: A request for a view by the Judge or Jury will be made at the time of the pretrial conference. It is within the discretion of the Judge whether or not to permit a view.

Continuances

Every request for a continuance shall be by written motion and will only be granted upon showing of good cause. All requests shall be served on opposing counsel or party. The motion shall set forth the date from which a continuance is requested, reasons for the continuance and certificate of service on opposing counsel and/or client. If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel. No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven (7) or more days prior to trial.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.

If a designated trial attorney has such a number of cases assigned for trial in courts of this state so as to cause undue delay in the disposition of such cases, the administrative judge may require the trial attorney to provide a substitute trial attorney.

Designation of Counsel

Attorneys and not parties will designate their capacity as trial counsel on all documents in civil cases and shall include their office address, zip code, and telephone number. Normally, a law firm should not be named as trial attorney. However, substitution of counsel within the same law firm at hearings is authorized. Also, the attorney’s Supreme Court registration number shall be included on all documents filed.

Default Judgments

The modification to this court rule will take effect 30 days from September 30, 2004. The intent of this change is to streamline the default judgment process. All struck through text represents the deleted portion with the under lined portion representing the new.

All Motions for Default Judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service and answer date. All Motions for Default Judgment shall also contain a list of all damages supported by documentary or other evidence. A proposed entry shall accompany the motion as well as an affidavit addressing age, competence, and military status. An oral hearing may be required in the discretion of the trial Judge or where an appearance has been made.

All motions for default judgment shall be in writing and clearly state the date the complaint was filed, how service was made, proof of service and answer date. All motions for default judgment shall also contain a list of all damages supported by documentary or other evidence. A proposed entry shall accompany the motion as well as an affidavit addressing age, competence, and military service. An oral hearing may be required in the discretion of the trial judge or where an appearance has been made.

Dismissals and Failure to Prosecute

Civil cases which have pended for sixty (60) days without any PROCEEDINGS being taken shall be dismissed after written notice to counsel of record or to the parties for want of prosecution, unless good cause is shown to the contrary.

Motions and Pleadings

Motions Practice: All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil Procedure. Motions will be supported by Memoranda of Law containing applicable statutory and case law citations. (Copies of significant decisions shall be attached to the original filing only.) Unless the following statement appears prominently upon the first page of the motion, no oral hearing will be allowed: “Counsel Requests an Oral Hearing of Approximately Minutes at Which Time Witnesses will be called.”

A date and time for oral hearings on motions must be obtained from the Clerk of the Civil Court or his/her Chief Deputy in charge of Civil. Parties wishing to respond in writing to such motions shall do so not later than the fourteenth day following service of the motion or three (3) days prior to the oral hearing date; if an oral hearing has been requested, whichever is earlier. All motions not heard or decided prior to trial will be disposed of at trial. All motions where an oral hearing is not required shall be accompanied by a proposed entry.

Regular Civil Fees

Amended Complaint	$25.00
Appeal - ALS/Insurance/Points/Refusal	$100.00
Audio CD	$5.00
Authentication/Exemplified Copy	$25.00
Certified Copy	$5.00
Certificate of Judgment	$15.00
Civil Complaint	$125.00
Additional Defendants	$12.50
Additional Mailings/Certified or Ordinary	$15.00
Personal Service	$30.00
Continuances/Motions
Before Case is Closed	$25.00
After Case is Closed	$50.00
Copies	$0.10
Counterclaim/Cross Complaint/3rd Party	$50.00
Forcible Entry and Detainer -1st Cause Only	$100.00
Forcible Entry and Detainer with Rent	$125.00
Garnishment
Bank (Plus Check for $1.00 to Bank)	$50.00
Wage	$125.00
Judgment Debtor Exam
Certified Mail	$12.00
Personal Service	$30.00
Jury Demand	$400.00
Objection to Magistrate Decision	$15.00
Show Cause	$30.00
Small Claim	$75.00
Additional Defendants	$12.50
Additional Mailings/Certified or Ordinary	$15.00
Personal Service	$30.00
Subpoena	$25.00
Trusteeship	$50.00
Writ of Execution	$150.00
Writ of Replevin	$50.00
Writ of Restitution (F.E.D.)	$50.00
Notice of Appeal (Plus a Separate Check for $225.00 Made Out Directly to Warren County Court of Appeals 12th District)	$50.00

Securities for Civil Court Costs

• No civil action or proceeding shall be accepted by the Clerk for filing in the Civil Division unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by these rules or by law. Such advance deposit shall be according to the following schedule and subject to change by amendment of the court.
• In cases with multiple parties, the clerk may require the party requesting service to advance an amount estimated by the clerk to be sufficient to cover the cost thereof.
• A poverty affidavit filed instead of a cash deposit must state the reasons for the inability to prepay costs and is subject to court review at any stage of the proceedings
• If, at any time, the deposit for costs becomes insufficient in any case, the Clerk of Court may require an additional deposit in an amount sufficient to cover future costs.
• Upon disposition of the case and at the end of the month following the disposition of the case the balance in any accounts will be returned to the plaintiff.
• The State of Ohio and its political subdivisions together with governmental agencies or officers of either are exempt from this Rule 5.

The following cost for civil complaints shall be used to calculate the amount of the deposit of said funds as outline in this rule, by taking the amount of the cost for each procedure requested by the complainant and multiplying that total by one hundred and fifty (1.50) percent. Any overpayment of the cost shall be returned to the complainant at time of case disposition.

Special Proceedings Case Management

The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a case management system for special PROCEEDINGS to achieve a prompt and fair disposition of these matters. Examples of special proceedings would include default hearings, rent escrow, replevin, contempt hearings, garnishment hearings, debtor’s exams, and B.M.V. hearings.

Cases that have time limits established by the Ohio Revised Code or the Ohio Rules of Civil Procedure shall be set for hearing within those time limits. In all other special PROCEEDINGS, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

Trial Brief and Jury Instructions

Trial Briefs and Jury Instructions shall be filed in the Judge’s Office on all jury cases, seven (7) days prior to trial and shall include the text of, and citations-of authority for any instructions requested by counsel. If there is no compliance with this rule, the jury will be deemed waived. Trial Briefs are also required for non-jury cases when there is a substantial conflict of views as to specific questions of law or when the judge so requests

Withdrawal of Attorney

Counsel shall be allowed to withdraw from trial counsel responsibility with the consent of the assigned Judge. No such application will be considered unless a written entry or motion is presented stating the reasons for the application, certificate of service on opposing counsel and/or client and time and date of trial, if set. Withdrawal of counsel will not be approved if application is not made prior to five (5) working days of the trial date except for good cause shown. Approved withdrawal entries will be mailed immediately by the withdrawing counsel to his/her client’s last known address.