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In the Municipal Court of Gallipolis, Gallia County, Ohio

Local Rules of Court

Any rules established by the Supreme Court of Ohio will be followed in the Gallipolis Municipal Court.

The Court hereby adopts the following rules which shall be applicable in all cases filed in this Court.

Rule 1.

Terms, Hours and Sessions. The Gallipolis Municipal Court shall sit continuously. The office of the clerk shall be open Monday through Friday from 7:30 a.m. until 4:00 p.m., subject to the availability of personnel. The Court shall close for all legal holidays observed by the public offices of the City of Gallipolis or when the municipal building is otherwise closed. The Court may be closed or its hours of operation changed at any time without prior notice by order of the Judge.

Audio Record. Unless otherwise provided in these rules, all proceedings in the Gallipolis Municipal Court shall be recorded by an audio electronic recording devise provided by the Court. Arraignments and other hearings which are conducted via video from the jail or other off site facility shall be recorded by audio and video.

Stenographic Record. When a written request for stenographic record is filed, the party making such request shall deposit with the Court the sum of $75 .00. The deposit shall be made with the request for stenographic record. In criminal cases, this deposit may be waived where an affidavit or other evidence of the requesting party' s inability to make the required deposit is filed with the request for stenographic record and such request is approved by the Court. Failure to timely make this deposit or file for and receive a waiver thereof shall be deemed a waiver of or withdrawal of any request for stenographic record.

Inspection of Records. All indexes, dockets, journals, and file records maintained in accordance with law by the clerk of Court shall be open to public inspection during regular business hours in a manner that does not interfere with the normal operation of the clerk' s office. Other case file material or audio electronically recorded court proceedings shall only be inspected with permission of the Court. All inspections shall be made under the supervision of court personnel. Original papers and tapes shall not be removed from the office of the clerk.

Fee for Copies. A minimal charge per page shall be made for photostatic copies of any documents. The charge shall be set by the clerk of court based upon the cost to the clerk of producing the copy. Depending upon the personnel available in the clerk's office, copies will be made as soon as possible after the request. The clerk or deputy clerk will consult with the requesting party as to the reasonable length of time necessary to provide the copies.

 

Counsel of Record. When counsel is retained or appointed to represent any party, such attorney shall immediately notify the clerk in writing of such representation. Any counsel intending to withdraw from representation must submit a written request therefor and such counsel shall appear at the next scheduled court proceeding for such case unless prior leave is granted by the court. Withdrawal considerations shall be in conformity with the Code of Professional Responsibility.

 

Fees and Costs. Pursuant to the ORC, the Court hereby establishes the Schedule of Fees and Costs for civil and criminal actions and proceedings as set forth in Appendix A. Such schedule,

together with any amendments or modifications thereof, shall be available in the office of the clerk of court.

 

Rule 2

Case Management in Criminal Cases

 

Purpose. The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a system for criminal case management that will provide for the fair and impartial administration of criminal cases. These rules shall be construed and applied to eliminate unnecessary delay and expense for all parties involved in the court system.

Arraignment. All criminal and traffic arraignments shall be held at 8:00 a.m. on Monday and Friday and at 1:30 p.m. on Tuesday, except holidays unless otherwise ordered by the Court.

Pre-trials. Initial pretrial conferences will be set only upon the choice of the defendant. If a defendant chooses to have a pretrial, time will be charged to the defendant as a waiver under

ORC 2945.72.

Plea Agreements. In any negotiated pleas where a charge is reduced or dismissed, the prosecuting attorney must provide to the Court in writing or on the record a statement that the complaining party was consulted concerning the proposed plea agreement and whether s/he agreed with the proposed plea agreement. If the victim did not agree with the proposed plea agreement the prosecutor shall also include reasons why the proposed agreement should be honored by the Court. The prosecuting attorney shall notify the victim( s) of the date and time of the hearing and of his/her right to be present and to be heard at the hearing. Sentencing is always at the discretion of the Court.

Motions. All motions shall be made in writing and accompanied by a written memorandum containing the arguments fo counsel. Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure. Such motions shall be set for oral hearing.

Trials. Each case not resolved at pretrial, or in cases where a defendant does not choose a pretrial, shall be set for trial to the Court. If a jury demand is timely filed, the case will be set on a scheduled jury trial date for that month. Any party filing a demand for trial by jury shall notify the Court by 3 :00 p.m. on the last business day preceding his/her trial of any withdrawal of demand for jury or change of plea. If more than one case is scheduled for jury trial on a given d ate, all cases must be prepared to go forward with the oldest case being tried first.

 

Sentencing. Sentencing shall take place after a plea of guilty or no contest, a finding of guilty by the Court of verdict of guilty by the jury or within 10 days after a pre-sentence report is received by the Court.

Rule 3

Case Management in Civil Cases

 

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.

Court Costs Deposit. Any person filing a civil action or proceeding shall deposit with his/her complaint the corresponding court cost deposit set forth in attached Exhibit A unless an affidavit or other evidence of such party's inability to make the required deposit is approved by the Court. The clerk shall refuse to accept the filing of any complaint if the required deposit is not included.

Costs Deposit for Jury Trials in Civil Cases. Any party demanding trial by jury in a civil case shall deposit, in addition to the ususal court cost deposit, a sum determined by the clerk with their written demand unless an affidavit or other evidence of such party's inability to make the required deposit is approved by the Court. The clerk shall refuse to accept the filing of a jury demand if the deposit is not included. The party shall also file the number of Jurors requested consistent with Civil Rule 48.

Scheduling. The scheduling of a case when the civil case is filed. Thereafter, the case is managed as follows.

Clerical.

Service. Summons shall be served in accordance with the Ohio Rules of Procedure. In the event there is a failure of service, the clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six months from the date the cause of action was filed, then the clerk shall notify counsel that the case will be dismissed in ten days unless good cause is shown.

Notice of Default. Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen days may result in the case being dismissed.

Pretrial. After any responsive pleading is filed, the clerk shall immediately set the case for pretrial or forward said pleading and file to the Judge for further determination.

Dismissal notice. If no action has been taken on a file for a six month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within ten days unless good cause is shown.

When a file is marked "waiting on settlement entry" and the entry is not received within thirty days, the clerk shall notify the party that the case will be dismissed unless the entry is received within ten days.

Judicial

Pretrial. A pretrial conference is a Court supervised conference designed to establish a schedule for trial, identify any uncommon legal issues and facilitate an amicable settlement. The term "party" or "parties" used hereinafter shall mean the party of parties to the action, and/or his/her attorney of record..

Initial pretrial conferences. All parties and attorneys of record must appear at initial pretrial, either in person or telephonically. All parties and attorneys of record must physically appear at

all final pretrials.

Notice of the initial pretrial conference shall be given to all counsel of record by mail not less than fourteen days prior to the conference. Any application fo continuance of the conference

shall be addressed to the clerk.

Counsel attending any pretrial conference must have complete authority to stipulate on items of evidence and must have full settlement authority.

A trial schedule shall be established during the initial pretrial, unless good cause is shown for another pretrial.

Final pretrial conferences. The Court and attorneys will attempt to narrow legal issues and to reach stipulations as to facts in controversy. The parties may file and shall file, if directed by the Court to file, a pretrial statement setting forth all stipulations, admissions and other matters which have been established in the initial pretrial.

All parties shall submit a trial brief and proposed jury instructions (if any) prior to the final pretrial. A Judge presiding at a final pretrial conference or trial shall have the authority to dismiss the action for want of prosecution on motion of defendant upon failure of plaintiff or his/her counsel to appear in person at final pretrial or trial; to order the plaintiff to proceed with the case and to decide and determine all matters ex parte upon failure of defendant to appear as required; to make such order as the Court may deem appropriate under all the circumstances.

Mediation. If the court finds a case appropriate, the Court may order the parties to participate in mediation. The court may order mediation through the program already established in the Gallipolis Municipal Court or other appropriate mediation.

Continuances. No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance. All motions for continuance shall be accompanied by a proposed entry granting the motion and left blank for the court to fill in a new date for hearing should the motion be granted.

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, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. 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. If the trial attorney was appointed by the Court, the Court shall appoint a substitute trial attorney.

Judgment Entries. Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five days of the decision. Opposing counsel shall approve or reject the entry within fiver days. Within fifteen days of the decision, the journal entry shall be submitted to the Judge.

Entries of settlement may be filed at any time. If a settlement is reached in a case scheduled for trial, the parties shall provide written notification of the settlement to the Court by 3 :00 p.m. on the business day prior to the trial date. Settlement entries shall be filed within thirty days of the trial date or the case will be dismissed for want of prosecution.

Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within thirty days or the case may be dismissed for want of prosecution.

The journal entry shall allocate the court costs between or among the parties.

Rule 4

Case Management in Special Proceedings.

 

Purpose. The purpose of this rule is to establish a case management system for special proceedings to achieve a prompt and fair disposition of these matters. The following civil matters are considered special proceedings and may be heard by a judge, acting judge or magistrate (in appropriate matters): small claims, forcible entry and detainer, default hearings, rent escrow, replevin, motions to cite for contempt, garnishment hearings, debtor exams and appropriate B.M.V. hearings. The following criminal matters are considered special proceedings and may be heard by a judge or acting judge: preliminary hearings, extradition hearings and motions for temporary protection orders.

Time for hearing. Special proceedings that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety days.

Service. In all new special proceedings, if counsel fails to obtain service of summons within six months, the clerk shall notify counsel that the case will be dismissed in ten days unless good cause is shown.

Notice of Default. Upon perfection of service, the clerk shall notify counsel of said default and that a failure to submit an entry within fifteen days may result in the case being dismissed.

 

Forward to Judge. After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the Judge for further determination.

 

Dismissal notice. If no action has been taken on a file for a six month period and the case is not set for trial, the matter will be dismissed within one week unless good cause is shown.

 

Corporations as Parties. In small claims cases, if a corporation is a party, said corporation shall be identified by the exact corporate name on file with the Ohio Secretary of State's office.

A corporation or partnership shall have an attorney to prosecute or defend its case or to collect on its judgments.

Rule 5

Jury Management

 

Selection. Jurors for the Court shall be drawn at the time and place corresponding to when jurors are drawn for the Gallia County Common Pleas Court in the manner provided by the ORC. The number of jurors selected shall be sufficient to insure that prospective jurors not be called to serve on a rotating basis more than every six weeks.

Notification. The Clerk shall notify each prospective juror of his or her being drawn for jury service and send each prospective juror ajuror questionnaire to be completed and returned to the Court within ten days. All jurors shall be notified of jury service by mail at least ten days prior to that service. Each juror shall be provided a telephone number to call for a recorded message concerning the Current status of that service. Each juror shall call that number after 4:00 p.m. on the day prior to his/her scheduled service. If a juror reports for service without calling the provided number as instructed, no jury service fee will be paid.

Excused Absence. Excuse from jury duty shall be limited to the statutory exceptions unless extraordinary circumstances are found by the Judge.

Jury Accommodations. When a juror reports for service, the bailiff shall seat the prospective juror in the courtroom. All materials except those needed for proper deliberation shall be removed from the courtroom. The jury will retire to the jury room for deliberation and any trial breaks. The bailiff will see to the comfort and seclusion of the jury. The bailiff shall be stationed near the door of the jury room insure privacy and to alert the court to any communication from the jury.

Rule 6

Assignment of Attorneys in Indigent Cases.

 

Equitable manner. In a criminal case or other case in which a defendant is entitled to appointed counsel (which includes having been found eligible under the indigent guidelines), the court shall make appointments of attorneys in an equitable manner to the attorneys who have contracted with the Gallia County Commissioners to provide indigent representation. In cases of conflicts which require additional attorneys, the court shall make the appointments and those attorneys shall be paid by the Gallia County Commissioners at the public defender rate and in whatever manner they deem appropriate.

The court shall keep a list of attorneys who handle indigent appointments.

Rule 7

Traffic Violations Bureau

 

Establishment. Pursuant to the authority of Ohio Traffic Rule 13 and Ohio Criminal Rule 4.1 , there is hereby established in the Gallipolis Municipal Court a traffic violations bureau and the

clerk of court is hereby appointed as the violations clerk.

Purpose. The purpose of the violations bureau shall be to accept appearances, waivers of trial, pleas of guilty and payments of fines and costs for offenses within the authority of the violations

bureau.

Authority. The violations bureau shall have authority to dispose of all traffic offenses and minor misdemeanor offenses except as follows:

Indictable offenses;

Offenses resulting in serious accident;

Operation of a vehicle while under the influence of alcohol and/or drugs of abuse;

Leaving the scene of an accident;

Driving under suspension or revocation of a driver's license

Driving without being licensed to drive -except when expired less than six months;

Third moving traffic offense within a twelve month period;

Failure to stop and remain standing still upon meeting or overtaking a school bus stopped on a highway for the purpose of receiving or discharging a school child;

Any violation otherwise eligible for processing by the Traffic Violations Bureau in connection with which the officer, by reason of unusual circumstances, marked the notice as "personal appearance required;"

Willfully eluding or fleeing a police officer;

Drag racing;

Any violation not specifically stated above as waiverable.

Proof of Insurance. Any person charged with a moving violation shall produce proof of valid insurance in effect at the time of the alleged violation. Proof of insurance shall be produced at the defendant's initial court appearance.

Waiver Schedule. The court hereby establishes and publishes a waiver schedule of fines and costs, attached hereto, for all offenses subject to the authority of the violation bureau. This schedule shall be distributed to all law enforcement agencies operating within the jurisdiction of the court and shall be displayed at the court.

Options after traffic ticket issued. A defendant charged with an offense which can be processed by a traffic violations bureau may, within seven days after the date of the issuance of the ticket:

Appear in person at the traffic violations bureau, sign a plea of guilty and waiver of trial provision of the ticket and pay the total amount of the fine and costs; or

Sign the guilty plea and waiver of trial provision of the ticket, and mail the ticket and a check or money order for the total amount of fines and costs to the traffic violations bureau. Any waiver mailed to the traffic violations bureau shall be accompanied by proof of valid insurance in effect at the time of the violation.

Extent of waiver. Remittance by mail of the fine and costs to the traffic violations bureau constitutes a guilty plea and a waiver of trial whether or not the guilty plea and waiver of trial provisions of the ticket are signed by the defendant.

Rule 8

Filing Copy of Traffic Record with Uniform Traffic Tickets.

 

Every law enforcement officer filing a uniform traffic ticket for an offense which requires a personal court appearance by the defendant shall file with the ticket a copy of the defendant's driving record as maintained by the Bureau of Motor Vehicles.

No uniform traffic ticket requiring a personal court appearance by the defendant will be accepted for filing without a copy of the defendant's driving record.

Rule 9

Mediation Costs

 

Pursuant to ORC 1901.26 and 1901.262, a fee determined and journalized by the court shall be assessed on the filing of each criminal cause, civil action or proceeding ro judgment by confession to support the mediation program. This fee is in addition to any other costs established by these rules.

Rule 10

Court Computerization Costs

 

Pursuant to ORC 190 1.262(A) the Court hereby determines that for the efficient operation of the court, additional funds are necessary to acquire and pay for computerization of the court and/or for legal research services. Accordingly, an additional fee of three dollars is to be assessed on the filing of each cause of action, confession of judgment or appeal as set forth in 2303.20 (A)(Q)(U).

 

Rule 11

Computerization of the Office of Clerk of Court.

 

Pursuant to ORC 1901.262(B) the Court hereby determines that for the efficient operation of the Court, additional funds are necessary to acquire and pay for computerization of the clerk's office. Accordingly, an additional fee of up to ten dollars is to be assessed on the filing of each cause of action or appeal, on the filing, docketing, and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment that is equivalent to one described in division (A)( cause of action), (P)( certificate of judgment), (Q)( confession of judgment), (T)(aid in execution, petition to vacate, revive or modify judgment), or (U)(appeal) of section 2303.20 of the Revised Code. The Court shall set the specific amount of the fee by journalization.

Rule 12

Capital Improvement/Special Projects Fund

 

Pursuant to ORC 1901.26, the Court hereby determines that for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the court as set forth in the statute. Accordingly, an additional fee to be determined by the court and set through journalization is to be assessed in addition to all other costs on the filing of each criminal cause, civil action or proceeding or judgment by confession.

Rule 13

Record Retention Policy

 

The court shall follow Rule 26, 26.01 and 26.05 of the Supreme Court Rules of Superintendence.

Rule 14

Facsimile Filing

 

Authority. The provisions of this rule are adopted under Civ. R. 5(E) and Crim. R. 12(B).

Applicability. In civil, criminal, and small claims cases, pleadings, OTHER THAN ANY COMPLAINT OR DOCUMENT INITIATING AN ORIGINAL ACTION, and other papers may be filed with the Clerk of Court by facsimile transmission to (740)441-6025 subject to the conditions set forth in this rule.

Original filing. A document, other than a document initiating an original action, 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 but must maintain in his/her records and have available for production on request by the court the source document filed by fax. Said document shall contain original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

Definitions.

"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.

"Facsimile machine" means a machine that can send and receive a facsimile transmission.

"Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted.

Cover Page. The person filing a document by fax shall also provide therewith a cover page containing the following information:

name of the court

style of the case

case number

judge's name

title of the document being filed

date of transmission

transmitting fax number

the number of pages included in the transmission, including the cover page

the name, address, telephone number, fax number, Supreme Court registration number

and email address of the person filing the fax document

if applicable, a statement explaining how costs are being submitted.

If a document is sent by fax to the clerk without the cover page information, the clerk may:

enter the document in the case docket and file the document or

deposit the document in a file of failed faxed documents with a notation of the reason for

the failure. If the clerk chooses this option, the document shall not be considered

filed with the clerk.

The Clerk is not required to send any form of notice to the sending party of a failed fax filing. If practicable, the clerk may inform the sending party of a failed fax filing.

Signature. Any party who wishes to file a signed source document by fax shall either: fax a copy of the signed source document or 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.

Commentary: the second option addresses those instances where the fax transmission is generated by the sending party's computer and therefore the document is not printed and capable of being signed prior to transmission. The notation "/s/" serves as an endorsement of the document by the listed party and is only valid when impracticability prevents a signed facsimile from being transmitted.

A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

 

Exhibits. 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 style of the case 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.

Time of Filing. 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 courts as of the date and time the clerk time-stamps the documents received and not the date and time of the fax transmission.

The office of the clerk of courts will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

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 Courts.

The Clerk may, but need not, acknowledge receipt of a facsimile transmission.

The risk of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk through whatever technological means are available.

Fees and Costs. No original actions will be accepted by facsimile transmission. Therefore, all filing fees necessary to implement an original action will be assessed at the time of filing in the same manner and subject to the same rules and regulations presently in effect. No additional fee shall be assessed for facsimile filing.

 

Length of Document. Facsimile filings shall not exceed ten (10) pages in length. Any document consisting of more than ten (10) pages in length shall be submitted subject and according to the relevant customary methods presently implemented.

Effective Date. All local rules of court will become effective upon approval by the Supreme Court Committee on Technology and the Court.