DISCLAIMER These rules are posted for informational purposes only and may not be completely up-to-date

IN THE CRAWFORD COUNTY MUNICIPAL COURT

CRAWFORD COUNTY, OHIO

IN THE MATTER OF: :

JUDGMENT ENTRY

THE RULES OF COURT :

* * * * *

The Ohio Rules of Civil and Criminal Procedure and the Ohio Traffic Rules shall be strictly adhered to in practice before the Crawford County Municipal Court. In addition, the Rules and Practice of Procedure of the Crawford County Common Pleas Court are hereby adopted in so far as they are applicable to Practice and Procedure in the Crawford County Municipal Court.

The following rules are hereby adopted as the Rules of Practice and Procedure of the Crawford County Municipal Court.

James L. Hoover, JUDGE

Effective May 1, l978

Rule 1

LOCATION OF COURT AND PROCESSING OF CASES

The Crawford County Municipal Court shall sit in the city of Bucyrus and the city of Galion. The division of the Court located in Galion shall be styled the Crawford County Municipal Court, Eastern Division, and shall be responsible within the discretion of the Municipal Judge for processing and hearing all cases both civil and criminal, arising East of State Route 602 within Crawford County with the following exceptions which shall be processed and heard in Bucyrus:

A. All contested trials other than record hearings.

B. All civil cases other than small claims and forcible entry and detainer actions.

All other cases arising in Crawford County within the jurisdiction of the Municipal Court shall be processed and heard in Bucyrus. The offices of the Chief Clerk and the Municipal Judge shall be located in Bucyrus.

Rule 2

TERMS OF COURT AND HOURS OF SESSION

The Crawford County Municipal Court shall sit continuously and not be divided into terms. The Court shall be open Monday through Friday. All sessions shall begin promptly at 9:00 a.m. and 1:00 p.m., unless otherwise directed by the Municipal Judge or Traffic Referee.

Rule 3

COSTS

Fees, costs, and deposits in civil cases shall, in all respects, be the same as those in the Crawford County Common Pleas Court. The basic costs in a criminal case is established at $13.00. Additional costs or changes in the basic costs in criminal cases may be ordered by the Municipal Judge at any time as authorized by law.

Rule 4

DUTIES OF COUNSEL

A. DESIGNATION OF TRIAL COUNSEL. Attorneys and not parties will designate their capacity as trial counsel on all pleadings in civil and criminal 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.

B. WITHDRAWAL OF COUNSEL. Counsel shall be allowed to withdraw from trial counsel responsibility in cases where counsel was designated with the consent of the Municipal 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 time and date of trial, if set. Withdrawal of counsel will not be approved if application is made within 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 client's last known address.

C. MOTIONS PRACTICE. All motions, except those normally made at the trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure. Motions will be supported by memoranda of law containing applicable statutory and case law citations. 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 witnesses will be called."

A date and time for oral hearing upon motions must be obtained from the Assignment Commissioner. Parties wishing to respond in writing to such motions shall do so not later than the tenth day following service of the motion or three days prior to the oral hearing date, if an oral hearing has been requested. All motions not heard or decided prior to trial will be disposed of at trial.

D. WAIVER OF JURY TRIAL. It is the responsibility of counsel demanding trial by jury in civil and criminal cases to notify the Assignment Commissioner at least five (5) working days prior to trial date, if jury trial is to be waived or the case has been settled. Failure to abide by this rule will result in a refusal by the Court to honor requests on the day of trial for which a jury has been called, to waive the jury and proceed with trial by Judge alone.

E. ENTRIES. Shall conform to Common Pleas Rule 5.

F. COURT REPORTERS. Until further order of this Court, the basic mode of recording and preserving all proceedings in the Crawford County Municipal Court shall be by audio electronic recording device or video recording device. Any party desiring a certified court reporter, in lieu of a recording device, shall make such a request at least fourteen (14) days prior to the trial and deposit $25.00 with the Court towards the court reporter's fee. The cost of a court reporter shall be allocated by agreement of the parties or absent agreement by order of the Municipal Judge.

Rule 5

CONTINUANCES

Requests for continuances shall be granted only upon a showing of good cause. All requests for continuances shall be in writing and served on opposing counsel or if the opposing party is unrepresented, on the party. No requests for continuance will be considered if made less than five (5) working days before trial except for extreme cause. Continuances will be granted to a date certain.

Rule 6

PRE-TRIAL CONFERENCES

A. CRIMINAL CASES. All criminal cases in which a not guilty plea has been entered, other than minor misdemeanor cases, will be set down for a pre-trial conference. The presence of the defendant and if represented, his counsel, the prosecuting attorney, and the complaining witness is required, unless excused prior to pre-trial by the Judge. If the complaining witness is a member of a law enforcement agency, then a representative of that agency with full knowledge of the case may attend.

B. CIVIL CASES. A pre-trial conference shall be held in all civil cases other than small claims and forcible entry and detainer actions. Upon notice of a scheduling of a pre-trial conference, it shall be the duty of counsel to contact each other, and made a sincere effort to dispose of the matter by settlement, and to agree on any matters of evidence about which there is no genuine dispute.

It shall be the duty of counsel to do the following at the pre-trial hearing and failure to be prepared may result in dismissal of the case for want of prosecution or in a default judgment or other such action to enforce compliance as the Municipal Judge deems appropriate:

1. All parties and counsel must be present at pre-trial unless such presence is excused by the Judge.

2. Each counsel shall present to the Court, in writing, a statement of the issues involved, of matters stipulated, and of all questions of law which are expected to be involved in the case.

3. Each counsel shall bring to the pre-trial all available exhibits which are to be offered in evidence at the trial.

4. Each counsel, claiming same, shall present in writing to the Court an itemization of all special damages claimed.

5. Each counsel shall present to the Court, in writing, a statement indicating the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial previously demanded will now be waived, and if not, the number of jurors demanded and 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.

6. Each counsel shall come to pre-trial fully prepared and authorized to negotiate towards settlement of the case.

7. The text of and citations of authority for instructions requested by counsel, if available.

8. Counsel's best estimate of the time required to try the case. The written statement referred to in this rule shall be filed at or before the pre-trial hearing.

The Court may, and on the request of either party, shall make a written order which recites the action taken at the conference. The Court shall enter the order and submit copies to the parties. The order, subject to Civil Rule 60 (a), shall control subsequent course of the action unless modified at the trial to prevent manifest injustice.

Rule 7

ASSIGNMENT OF CASES

The Chief Clerk is hereby appointed Assignment Commissioner of Crawford County Municipal Court. Cases shall be assigned for trial on the basis of the oldest case first with criminal cases taking priority over civil cases. The Assignment Commissioner shall notify in writing the parties or if represented by counsel, the counsel of all pre-trial and trial dates. It is the responsibility of the party, or if represented, counsel, to secure the attendance of necessary witnesses by subpoena or otherwise.

Rule 8

DEFAULT JUDGMENTS

All motions for default judgment shall be made 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. Motions for relief from judgment under this rule shall be made in accordance to Ohio Rule of Civil Procedure 60 (B).

Rule 9

TRAFFIC VIOLATIONS BUREAU

In accordance with Ohio Traffic Rule 13, there is hereby established in the Crawford County Municipal Court, a Traffic Violations Bureau with authority to process and dispose of those traffic offenses for which no Court appearance is required by law, the Court, or the discretion of the arresting officer. The Chief Clerk is hereby appointed Violations Clerk with authority to delegate the duties of the office as the Clerk sees fit. A schedule of fines has been adopted and is available at the office of the Violations Clerk or Deputy Clerks authorized to accept waivers of trial and pleas of guilty. Such schedule is subject to change by the Municipal Judge.

Rule 10

MINOR MISDEMEANOR VIOLATIONS BUREAU

In accordance with the Ohio Rules of Criminal Procedure 4.1, there is hereby established within the Crawford County Municipal Court a Minor Misdemeanor Violations Bureau, with authority to process and dispose of minor misdemeanors other than traffic offenses for which no Court appearance is required either at the discretion of the arresting officer or the Court. The Chief Clerk is hereby appointed Violations Clerk with authority to delegate the duties of this office as the Clerk sees fit. A schedule of fines has been adopted and is available at the office of the Violations Clerk or Deputy Clerks authorized to accept waivers of trial and pleas of guilty. Such schedule is subject to change by the Municipal Judge.

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