CRIMINAL, TRAFFIC, CIVIL AND SMALL CLAIM RULES
JURISDICTION OF COURT:
The territorial jurisdiction of the Perry
County Court include all of Perry County and the monetary jurisdiction
shall be the amount as prescribed by the Ohio Revised Code.
2. COURT HOURS AND SESSIONS:
A. The Court
hours are from 8:30 A.M. to 4:30 P.M. Monday through Friday, legal holidays
excepted. The Court may also at such other times and on such other dates
as may be prescribed by the Judge.
B. Court sessions will be held
on Tuesdays and Thursdays starting at 9:00 A.M. with the arraignments,
video arraignments and immediately following with criminal pre-trials
and trials, civil and small claims pre-trials and trials. All jury trials
will be set on Fridays starting at 9:00 A.M., unless otherwise ordered
by the Judge.
3. RECORDS :
The Clerk or Deputy Clerks shall prepare and maintain
such dockets, books or records as provided by the Ohio Revised Code.
CASE NUMBERING AND IDENTIFICATION ON ALL FILINGS:
All papers offered
for filing with the Court shall be identified by including:
1. A title
containing the name and part designation of the party filing it and the
nature of document.
2. The typed name, signature, office address, office telephone
number and the Supreme Court number of the designated trial attorney.
The case number assigned by the Court.
5. REMOVAL, FILING OF PAPERS AND
COST PER COPY:
All original papers filed with the Court shall not be
removed from the office without prior authorization from the Judge. All
original filings must be accompanied with copies and the number of copies
shall be determined by the number of complainants or defendants in the
case. The Clerk or Deputy Clerks shall provide a copy of any papers filed
to any person making such a request at the cost of a dollar ($1.00) per
6. FORMS OR PAPERS FILED WITH THE COURT
All papers offered for
filing with the Court shall be typed written or printed on 8 1/2 by
11 inch bond paper without backing. Original documents attached or offered
as exhibits and official Court forms supplied by the Court are exempt
from the requirements of this rule. Only legible documents will be
accepted for filing.
7. EMPLOYEES OF THIS COURT MAY NOT PREPARE PAPERS
OR CHARGE FOR NOTARY SERVICES
1. Employees of this Court shall not
prepare or help to prepare any filings for this Court, except as provided
under Section 1925.04 of the Ohio Revised Code.
2. No Fee shall be charged
by any employee of this Court for notarizing affidavits or any other matters
pertinent to the criminal and civil business of this Court.
8. PROOF OF
1. All documents except the complaint offered for filing are
required to be served on other parties shall contain proof of service in
the form provided by Civil Rule 5(D) and Criminal Rule 49 8).
2. No pleading
shall be deemed served by leaving a copy with the Clerk or any Court personnel.
Neither the Clerk nor any other Court personnel have any obligation to
forward pleading left by counsel or any other person to the opposing party.
DUTIES PERTAINING TO FILING OF DOCUMENTS
The Clerk or Deputy Clerk
shall, upon receiving papers for filing, docket same and place the original
of said papers in the file without delay. The Court may order stricken
any filed paper which does not comply with the Court rules.
1. Every request for a continuance shall be by
written motion unless made on the record in open court and must be
requested at least twenty four hours in advance. The motion shall set
forth the date from which a continuance is requested and the reasons
2. Attorneys submitting motions for continuance shall
accompany them with an entry providing blanks for the new trial or hearing
time, date, and courtroom. If a continuance is requested due to a prior
set hearing in another Court, a copy of the notice of such hearing shall
accompany said motion.
3. Motions for
Continuance for Jury Trials due to a conflict from a case set prior to our
Jury Trial being set must be filed with the Court within ten (10) days from the date of
the Jury Trial hearing notice. Your failure to file the motion
for continuance within the time prescribed will result in your Motion being
4. This rule does not restrict the Judge's exercise
of discretion in granting or denying continuances.
1. Entries on decision other than on the merits will
be prepared and filed by the Court unless otherwise ordered.
for the prevailing party shall prepare a judgment entry with five (5) days
of an order of the court and submit the same to counsel for the adverse
party who shall approve or reject the entry within five (5) days. If opposing
counsel fails to return the entry within five (5) days, it shall be submitted
to the trial judge, who shall approve the entry in the form he considers
3. No entry shall be accepted for filing unless signed by a judge.
in this Rule precludes the assigned judge from preparing and filing a judgment
entry sua sponte.
5. An entry must be drawn in language that is appropriate
to the specific case in which it is to be filed.
12. TRIAL ATTORNEY
1. All documents filed on behalf of
one or more parties represented by counsel shall be signed by one attorney
in his individual name as trial attorney. All notices and communications
from the court and all documents required to be served will be sent to
the designated trial attorney. No attorney who has entered his or her
appearance in a case may withdraw as trial attorney except upon written
motion for good cause shown and after notice to the client.
2. Only the designated trial attorney will be permitted to participate in the final pretrial prior to the Jury Trial.
3. All trial
attorneys must enter their notice of representation with the court in writing
in order to receive notice of trial dates.
13. RECORD OF PROCEEDINGS AND COSTS
1. Method for recording court
proceedings shall be by audio-electronic recording devices.
2. With the
exception of jury trials which will be recorded by stenographic means with
the losing party bearing the cost.
3. Any and all recording of proceedings
shall be done only in accordance with Criminal Rule 22 and where a request
is required by said rule, said request must be made at least fifteen
(15) days prior to the commencement of the proceedings.
4. Either party
to the cause of action may request the court proceedings be recorded by
stenographic means if the court has received written notice of the request
at least fifteen (15) days prior to the hearing. The cost for such stenographic
recording shall be borne by the requesting party.
1. Any party requesting a transcript of any recorded
hearing shall bear the cost of said transcript except as otherwise ordered
by the court and said request must be put in writing to the court bearing
the style of the case, type of hearing and the date of said hearing.
The reporter shall not prepare a transcript of the evidence in any case
for anyone not a party thereto unless all parties to the case shall have
consented thereto in advance.
3. Every transcript filed in this Court shall
bear the name, address and telephone number of the court reporter making
4. A reporter shall not be required to prepare a transcript
until satisfactory arrangements for payment have been concluded. Copies
of a transcript shall be made only by the reporter with arrangements for
Exhibits are to be exchanged three days prior
to trial and marked. You are required to have three copies and one original
for the court.
CIVIL AND SMALL CLAIMS RULES
1. COPIES OF THE
Complaints shall tender with the original complaint
a sufficient number of service copies for all defendant's to be
2. FORCIBLE ENTRY AND DETAINER
1. Once a judgment has been rendered
ordering a defendant to vacate a house or other building the Sheriff
shall not take action to remove the defendant until a request is filed
with the Clerk, requesting that said action be taken and the Sheriff
shall not proceed with said action until sufficient costs are deposited
to cover the expense of accomplishing the move. There shall be additional
expenses taxed as costs in the case.
3. SALES AND PROCEEDINGS IN AID
The Sheriff shall follow the rules prescribed by Section
2329.13, et seq of the Revised Code of Ohio in the advertising and
conducting of all sales on attachments, execution or foreclosure of
4. JUDGMENT DEBTOR EXAMINATION
If a judgment debtor fails to
appear at the scheduled examination, and it appears the debtor was served
with notice, the attorney for the creditor may request of the Court that
a bench warrant be issued for the arrest of the debtor. The request for
a bench warrant shall be made in writing to the court along with the
debtor's date of birth and social security number.
5. DEMAND AND DEPOSIT
FOR CIVIL/SMALL CLAIM JURY TRIALS
A demand for a jury trial shall
be made in accordance with Civil Rule 38.
The Court orders the party
that is requesting the jury trial to pay a deposit of $250.00 when the
jury demand is filed, as security for costs; unless an affidavit of hardship,
approved by the Court, is filed in lieu of the deposit.
Releases and assignments of judgements or certificates
of judgment shall be in writing and signed by a person authorized to execute
Application for appointment of trustee shall
be in accordance with the Ohio Revised Code Section 2329.70 and
any demand made in accordance with Ohio Revised Code Section 2716.02.
SUBPOENAS FOR WITNESSES
The return for subpoenas of witnesses shall
be filed with the Clerk before the date of trial.
The failure to appear
of a witness for whom the return was not filed in accordance with the rule
will not be grounds for a continuance of the case.
9. PRE-TRIAL PROCEDURE
A pre-trial conference may be or ordered
by the Court. Upon notice of the scheduling of a pre-trial conference,
it shall be the duty of counsel to make a sincere effort to dispose of
the matter by settlement, and agree on any matters of evidence about
which there is no genuine dispute. Prior to the date of the pre-trial
conference, counsel shall exchange reports of expert witnesses expected
to be called by each party, as well as medical reports and hospital records
if such are involved. All pre-trials shall be held at the Perry County
Courthouse. There shall be no telephone pre-trials.
Failure of counsel
to be prepared for pre-trial conference may result in dismissal of the
case for want of prosecution or in a default judgment or such other action
to enforce compliance as the trial judge deems appropriate. It shall be
the duty of counsel to do the following at the pre-trial hearing:
counsel who will be trial counsel and who is fully authorized to act
and negotiate on behalf of the party must be present.
2. All parties in
interest must be present at the pre-trial unless such presence is excused
by the trial Judge.
CRIMINAL AND TRAFFIC RULES
The bailiff, clerk, deputy clerk or probation officer
selected by the Judge shall formally open sessions in the traffic and
criminal division of the Court.
2. CRIMINAL ACTION - FILING
The Clerk of the County Court and
all deputies shall refuse to accept criminal filings from any person
except a duly authorized law enforcement officer having jurisdiction
within the territorial jurisdiction of this court or any representative
of the County Prosecutor's Office.
1. Failure of any witnesses to appear in court may
subject them to prosecution for contempt of court.
2. It will be the policy
and the procedure of the Perry County Prosecutors Office to file a praecipe
for a subpoena with the Perry County Court Office and a subpoena being
issued for service upon the named Police Officer or Officers. Failure to
appear for such court hearing will result in a Direct Contempt Citation
being issued for that person.
4. WITHDRAWAL OF CHARGES
1. All recommendations for withdraw,
reduction, amendment or dismissal of charges and the reasons therefor
shall be made in open court by the prosecuting attorney, and or shall
be specifically set forth in writing upon the case file.
2. No reductions
of charges shall be allowed after jury notices have been sent to the
5. BOND FORFEITURE
Where bond or bail has been posted and the
defendant fails to appear as scheduled, the court may issue a warrant
for the arrest of the defendant and the defendant shall suffer the forfeiture
of the bond or bail as so posted.
Officers in charge shall release any person arrested
and charged with any of the offenses, who gives bail or executes bond
according to law and satisfactory to the Clerk in the amount indicated
in the bond schedule for appearance in the Perry County Court.
Demand for a jury must be filed at least ten (10) days prior
to trial date, or on or before the third day following receipt of notice
of the date set for trial, whichever is later. Failure to demand a
jury trial as provided is a complete waiver of the right thereof.
The cost of the jury shall be assessed to the defendant.
No deposit for criminal jury trials is required.
ORDERS AND ENTRIES
All criminal and traffic judgments and orders
of this Court shall be shown as entered on the journals of the
court as of the date said judgment were announced by the court.
All motions shall be made in writing and accompanied
by a written memorandum containing the arguments of counsel.
In Motions to Suppress, the items of evidence in question shall
be specified. Motions must be filed within the time limits established
by the Ohio Rules of Criminal Procedure. All motions shall be
set for oral hearings.
11. PRE-TRIAL PROCEDURE
After entering a plea of not guilty to
a criminal or traffic offense, the Court will automatically set a pretrial
if a jury demand has been filed in the time prescribed by law. The court
will also at its discretion set a pre-trial conference. The following
persons are required to attend the pre-trial conference: the prosecutor,
trial counsel and the defendant.
12. COURT APPOINTED ATTORNEY FEES
Appointed counsel in criminal/traffic
cases shall not incur extra ordinary expenses in the investigation or
preparation of their case until they have disclosed the purpose of the
expense and the amount to the court and secured the court's approval
by way of an order.
Application for attorney fees must be submitted to
the court within thirty (30) days from the date of the termination of said
case or fees will not be approve