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Court Rules

       
1.00 Scope and Effective Date
2.00 Court Hours
3.00 Acting Judges
4.00 Clerk of Court
5.00 Court Costs/Filing Fees
6.00 RESERVED
7.00 Court Reporter/Recording of all Proceedings
8.00 Case Management in Criminal Cases
  A. Purpose
  B. Scheduling of Events
    1. Pretrials
    2. Motions
    3. Trials
    4. Sentencing
9.00 Case Management in Civil Cases
  A. Purpose
  B. Scheduling of Events
  C. Clerical Steps
    1. Summons/Service
    2. Failure of service/administrative dismissal
    3. Establishment of dates
    4. Final date/motions
    5. Settlement
  D. Judicial Steps
    1. Status Hearing
    2. Motions
    3. Pretrials
    4. Continuance
    5. Judgment Entries
10.00 Case Management in Special Proceedings
  A. Purpose
  B. Scheduling of Events
  C. Clerical Steps
11.00 Jury Use and Management Plan
  A. Purpose
  B. Jury Eligibility
  C. Procedure for Jury Selection
  D. Summoning of Prospective Jurors
  E. Exemption and Excuse
  F. Examination of Prospective Jurors
  G. Jury Orientation
  H. Evaluation
12.00 Court Security Rule
13.00 Court Appointments
  A. Purpose
  B. Procedure for Selecting Appointees
14.00 Facsimile Filing Rule
  A. Applicability
  B. Original Filing
  C. Definitions
  D. Cover Page
  E. Signatures
  F. Exhibits
  G. Time of Filing
  H. Fees and Costs
  I. Length of Document
  J. Effective Date
     
  Attachements
  A. Jury Service Notice
  B. Jury Questionnaire
  C. Acknowledgment of Jury Service Notice
  D. Juror Service Exit Questionnaire
  E. Facsimile Filing Cover Page
  F. Sample Exhibit Cover Sheet

1.00 SCOPE AND EFFECTIVE DATE
These rules are adopted as Local Rules of Practice governing practice and procedure in the Fostoria Municipal Court. They are adopted pursuant to the Court's inherent authority as set forth in the Rules of Civil and Criminal Procedure and Rules of Superintendence. These rules may be cited as "F.M.C. Rule ( )". They are effective as of July 1, 1994 (or as later amended) and shall govern all proceedings filed subsequent to that date.
2.00 COURT HOURS
The hours for Court sessions and for the Clerk of Court's Office are 8:30 o'clock a.m. until 5:00 o'clock p.m. (Monday through Friday) unless otherwise ordered by the Judge or during a legal holiday.
3.00 ACTING JUDGES
Acting Judges shall be appointed pursuant to O.R.C. Section 1901.10 and 1901.12 and shall serve at all times when the incumbent Judge is temporarily absent, incapacitated or on vacation.
4.00 CLERK OF COURT
(a) The Clerk shall maintain such dockets, books of record and indices as are required by law or practical necessity as public record, utilizing microfilm and computers for storage whenever possible.

(b) The Clerk shall permit any person to make a copy of any papers filed which are public records. Original papers filed in any case shall not be removed from the office without prior authority of the Clerk. The Clerk may charge a reasonable fee for copies.

(c) 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 O.R.C. Section 1925 dealing with the Small Claims Division.

(d) Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor shall the Bailiff be required to serve the same, unless requests are filed with the Clerk at least three (3) working days prior to the hearing date or trial date.

(e) Pursuant to Ohio Revised Code Section 1901.41(A)(2), the Clerk may destroy the files of all cases other than traffic that have been finally disposed of by the Court for fifteen (15) years or more and all traffic cases that have been finally disposed of by the Court for ten (10) years or more without being required to copy or reproduce the files prior to their destruction and without consulting with the City's Records Commission established by Ohio Revised Code Section 149.39. The Clerk shall not destroy or dispose of any dockets, indexes, journals, cash books or any other court records unless the specific requirements of Ohio Revised Code Section 1901.41, 149.39 and 9.01 have been satisfied.
5.00 Court Costs / Filing Fees
Costs/fees shall be determined from time to time by the Judge and will be on file in the office of the Clerk of Court.
6.00 Reserved



7.00 Court Reporter / Recording of All Proceedings
All proceedings shall be recorded by audio taping. If counsel or a party desires a court reporter then the counsel or party must make their own arrangements for the presence and payment of a court reporter. The Fostoria Municipal Court does not have an official court reporter.

Parties appealing a decision of the Court shall file a praecipe advising the Court what portion(s) of the record they wish transcribed. The Court, upon payment of a fee, will provide a copy of the audio tape to the attorney or party as the certified transcript of the proceeding.

If the party wishes a typewritten transcript then the party may make arrangements with anyone of their choosing to prepare a typewritten transcript subject to certification by the Court.

All audio tapes will be maintained on file for a period of one year. These tapes will be recycled and reused after one year unless there is an appeal pending.
8.00 Case Management in Criminal Proceedings
  1. Purpose:
    Pursuant to Sup. R. 5(B)(1), this Rule is established to provide a system for criminal case management which will achieve the fair and impartial administration of criminal cases. This Rule shall be construed and applied to eliminate unnecessary delay and expense.
  2. Scheduling of Events:
    The scheduling begins after arraignment or after the filing of a written NOT GUILTY plea. Thereafter, the case is managed in four (4) judicial steps.
    1. Pretrials:
      All first degree and second degree misdemeanors shall be set for pretrial by the Bailiff within twenty-one (21) days. All other misdemeanors shall be set for trial unless the Judge orders a pretrial.

      The pretrial shall be conducted in accordance with Criminal Rule 17.1 and a memorandum of the matters agreed upon shall be filed. The Prosecutor and Defense Counsel shall sign the form indicating the agreement reached.

      Any attorney who fails to appear for pretrial without just cause may be punished for Contempt of Court.

      In the event the parties cannot resolve the case, the case shall be set for trial to the Court unless a jury trial is demanded in which case a definite trial date for jury trial is set. The Bailiff shall verify the suitability of the trial date with Defense Counsel and the Prosecutor. Once the date has been agreed upon it shall not be changed except upon written motion with good cause shown.
    2. Motions:
      All motions shall be made in writing and accompanied by a written memorandum containing the arguments of Counsel. The time limits set forth by the Ohio Rules of Criminal Procedure shall apply. Motions necessitating a hearing shall be set down for such hearing within fourteen (14) days where practicable. If the trial date is sooner, the hearing shall be conducted immediately prior to trial.
    3. Trials:
      All negotiations of Defense Counsel and the Prosecutor shall be completed at least fourteen (14) days prior to the jury trial. There shall be no pleas accepted to reduced or amended charges nor will the Court dismiss any charges or give consideration to any sentence negotiations later than fourteen (14) days prior to the scheduled jury trial. The Court shall be notified by NOON of the day preceding trial of any change in plea in order to avoid jury costs being assessed to the Defendant.
    4. Sentencing:
      Sentencing hearings shall occur immediately following the return of a guilty verdict unless the Court requests a pre-sentence report. In such case, the Court will set the hearing for sentencing within fifteen (15) days.
9.00 Case Management in Civil Cases
  1. Purpose:
    Pursuant to Sup. R. 5(B)(1), this Rule is established to provide a system for civil case management which will achieve the prompt and fair disposal of civil cases.
  2. Scheduling of Events:
    The scheduling of a case begins on the twenty-ninth (29) day following the perfection of service upon the Defendant or Defendants. Thereafter, the case is managed in five (5) clerical steps and five (5) judicial steps.
  3. Clerical Steps:
    1. 1. Summons/Service
      Summons shall be served in accordance with the Ohio Rules of Civil Procedure. Counsel shall be notified immediately in the event there is failure of service. If Counsel fails to obtain service of summons within six (6) months from the date the case was filed, the Clerk shall notify Counsel that the case will be dismissed in fourteen (14) days unless good cause is shown to the contrary.
    2. Failure of service/administrative dismissal
      Upon perfection of service and failure of Defendant to respond within the time prescribed by the Civil Rules, the Clerk shall notify Counsel of the default and that a failure to submit an entry within fourteen (14) days may result in the case being dismissed.
    3. Establishment of dates
      After any responsive pleading is filed, the Clerk shall immediately forward the pleading and file to the Judge for the purpose of establishing definite hearing dates, a definite trial date and a time table for completion of necessary discovery.
    4. Final date/motions
      The definite trial date will be set within six (6) months of the filing of any responsive pleading. All discovery must be completed within fourteen (14) days prior to trial.
    5. Settlement
      Should the Court be advised that the case has been settled, the entry closing the case will be submitted to the Court within twenty-one (21) days. In the event such entry is not received, the Clerk shall notify the parties that the case will be dismissed unless the entry is received within fourteen (14) days.
  4. Judicial Steps:
    1. Status Hearing
      After a responsive pleading is filed, the Court will set a status hearing to be held in Court or by telephone for the purpose of setting the definite trial date, discovery deadlines and deadline for motions and pre-trial statements.
    2. Motions
      All motions must be in writing and accompanied by a written memorandum containing citations and the arguments of Counsel. Opposing Counsel shall respond in writing within fourteen (14) days. All motions will be considered submitted at the end of the fourteen (14) day period unless time is extended by the Court. There will be no oral hearings granted unless requested in writing by the parties and deemed necessary by the Court.
    3. Pretrials:
      Pretrials shall be scheduled only when deemed necessary by the Court or requested by the parties.

      Notice of Pretrial conferences shall be given to all Counsel of Record by the Clerk not less than fourteen (14) days prior to the conference. Continuances shall not be granted unless requested in writing showing good cause for such continuance.

      Any attorney who fails to appear for pretrial without just cause may be punished for Contempt of Court.

      Counsel attending the pretrial shall have complete authority to stipulate items of evidence and to enter into a settlement agreement.
    4. Continuances:
      Inasmuch as dates are agreed upon with Counsel before being established, the need for continuances should be a rarity. In the event Counsel is scheduled for trial on the same day in another Court, the case 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 continuance of a scheduled trial is a matter within the discretion of the Court.
    5. Judgment Entries:
      Counsel for the party in whose favor an order or judgment is rendered shall prepare the Judgment Entry. That entry shall be submitted to Opposing Counsel within seven (7) days of the decision. Opposing Counsel shall approve or reject the entry within seven (7) days. Within twenty-one (21) days of the decision, the Judgment Entry shall be submitted to the Court.

      In the event the entry is not received with the prescribed time, the Court shall take such action as deemed appropriate, including dismissal of the case.

      Settlement entries shall be submitted to the Court within twenty-one (21) days of notification to the Court that the case has been settled.

      Application for Default Judgment shall be submitted within fourteen (14) days following default or the case will be dismissed for want of prosecution.

      The Judgment Entry shall state which party is to pay the Court costs.
10.00 Case Management in Special Proceedings
  1. Purpose:
    Pursuant to Sup. R. 5(B)(1), this Rule is established to provide a system of case management for special proceedings to achieve a prompt and fair disposition of such matters. The following civil matters are considered special proceedings: small claims, forcible entry and detainer, default hearings, rent escrow, replevin, motion to cite, garnishment hearings and debtor's exams. The following criminal matters are considered special proceedings: preliminary hearings, extradition hearings and B.M.V. hearings.
  2. Scheduling of Events:
    Cases 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 (90) days.
  3. Clerical Steps:
    1. In all new cases, if Counsel fails to obtain service of summons within six (6) months, the Clerk shall notify Counsel that the case will be dismissed in fourteen (14) days unless good cause is shown to the contrary.
    2. Upon perfection of service and failure of Defendant to respond within the time prescribed by the Civil Rules, the Clerk shall notify Counsel of the default and that a failure to submit an entry within fourteen (14) days may result in the case being dismissed.
    3. After any responsive pleading is filed, the Clerk shall immediately forward the pleading and file to the Judge so the matter may be set for a hearing/trial.
    4. If no action has been taken on a file for a six (6) month period and the case is not set for hearing/trial, the Clerk shall notify the parties that the matter will be dismissed unless good cause is shown within fourteen (14) days.
    5. Should the Court be advised that the case has been settled and the entry has not been received within twenty-one (21) days, the Clerk shall notify the parties that the case will be dismissed unless the entry is received within fourteen (14) days.
11.00 Jury Use and Management Plan
  1. Purpose:
    This Rule is established in compliance with Sup. R. 5(B)(2), which requires that each municipal court, prior to July 1, 1994, develop and implement a Jury Use and Management Plan. It is the purpose of this Rule to implement an efficient and comprehensive system of Jury use and management for the Fostoria Municipal Court.
  2. Jury Eligibility:
    All persons are eligible for jury service except as follows:
    1. Persons less than 18 years of age.
    2. Persons who are not residents of the City of Fostoria or Jackson Township and Loudon Township in Seneca County, Washington Township in Hancock County or Perry Township in Wood County.
    3. Persons who are not citizens of the United States.
    4. Persons who have been convicted of a felony and have not had their civil rights restored.
    5. Persons who are not able to communicate in the English language.
  3. Procedure for Jury Selection:
    Potential jurors shall be drawn from a jury source list which shall consist of 500 names of registered voters from the Seneca County portion of Fostoria and Jackson Township and Loudon Township in Seneca County, 250 names of registered voters from the Hancock County portion of Fostoria and Washington Township in Hancock County and 250 names of registered voters from the Wood County portion of Fostoria and Perry Township in Wood County. The names shall be selected by the respective County Board of Elections by the use of random selection procedures using automated data processing equipment in conformity with ORC Sections 2313.08 and 2313.21.

    In January of each year, the Jury Commissioners, duly appointed by the Court pursuant to ORC Section 2313.01, shall convene and select twelve (12) jury panels of forty-five (45) jurors to cover potential jury dates throughout the calendar year. The jury source list shall be reviewed and unsuitable names purged from such list in accordance with the powers provided to jury commissioners by ORC Section 2313.01.

    In the event the twelve (12) jury panels drawn are insufficient to meet the needs of the Court during the calendar year, the Jury Commissioners shall reconvene as necessary to select additional jury panels in accordance with ORC Section 2313.01.

    If, in the opinion of the Court, the jury source list is not representative of the adult population of the jurisdiction, additional source lists shall be utilized as authorized by law.

    The list of prospective jurors provided by the Boards of Elections shall be printed on address labels which shall be cut into individual names and addresses and placed into a jury wheel. Names are then pulled at random during a public jury drawing.

    Departures from the principle of random selection are permitted only to comply with lawful exceptions.

    Prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a Jury Service Notice directing them to appear on the date assigned (Attachment A). Further, prospective jurors shall be required to complete a jury questionnaire (Attachment B), an Acknowledgment (Attachment C) and when appropriate a request for exemption or excuse (See Attachment C). The Jury Service Notice shall be phrased so as to be readily understood by an individual unfamiliar with the legal process and shall be delivered by ordinary mail. The Jury Service Notice shall clearly explain how and when the recipient must respond. Any person who fails to respond to a duly served notice shall be served with a citation for contempt of court and must appear to answer or, if appropriate, shall be arrested and detained for examination as to why they failed to attend.
  4. Summoning of Prospective Jurors:
    Prospective jurors shall be summoned only upon the filing of a written jury demand, if required. In civil cases, a jury deposit of $450.00 shall be assessed. If the jury demand is made upon the filing of a complaint or made upon the filing of a responsive pleading, $50.00 of the deposit shall accompany said pleading. The balance of $400.00 shall be tendered no less than fourteen (14) days before trial date. Jurors will be summoned fourteen (14) days prior to trial if all deposits required are made. In the event either deposit is not made, no jury will be summoned, and the failure to make said deposit shall be deemed a waiver of the right to trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement.

    In criminal cases, no deposit shall be required. Jurors will be summoned fourteen (14) days prior to trial.

    Prospective jurors shall be summoned to appear in sufficient numbers to accommodate trial activity. Panels of forty-five (45) persons per trial shall be summoned for service unless the Court determines that a lesser or greater number is necessary for a particular trial.

    Every effort shall be made to resolve cases prior to summoning juries. A jury panel shall not be summoned unless it appears that there is a substantial likelihood of trial. The Bailiff shall contact counsel, or the parties, which ever is appropriate, at least two weeks prior to the scheduled trial date. If it appears that trial is inevitable, a jury panel shall be summoned at least fourteen (14) days in advance of trial.

    In cases where multiple trials are set for the same date, jury costs shall be assessed to the last trial settled on that date.

    Persons summoned for jury service shall receive compensation in the amount of Fifteen Dollars ($15.00) per day/Ten Dollars ($10.00) per one-half day. Such fees shall be promptly paid from the City or County Treasury, as appropriate.

    Any juror wishing to waive his/her fee for service shall be permitted to do so in writing in the Clerk's office. All waived fees shall be returned to the City or County Treasury, as appropriate.

    The term of service for any prospective panel shall be one day or the completion of one trial, whichever is longer.
  5. Exemption and Excuse:
    All persons except those who exercise their right to exemption are subject to service. Eligible persons may be excused from service only if it is determined that their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors, or that service upon a jury would constitute a significant hardship to them or members of the public. Persons excused from service shall be deferred and may be subject to jury service at a later time. All requests for exemption or excuse must be made on the form provided and shall be accompanied by appropriate documentation. These documents shall be retained by the Court.

    The following factors constitute a partial, although not exclusive, list of excuses for which a person may be excused from jury service:
    1. Any person who suffers from a substantial physiological or psychological impairment.
    2. Any person who has a scheduled vacation or business trip during potential jury service.
    3. Any person for whom jury service would constitute a substantial economic hardship.
    4. Any person for whom service on a jury would constitute a substantial hardship on their family, clients, or members of the public affected by the prospective juror's occupation.
    5. Any person who has served on a jury within the last year.
    6. Any person for whom it may be readily determined is unfit for jury service.
    7. Any person for whom it is readily apparent would be unable to perform their duty as a juror.
    8. Other valid excuse.

    No person shall be excused from jury service except by the Judge or any individual specifically authorized to excuse jurors. No person who does not complete the jury exemption or excuse form shall be excused from service. Once a prospective juror has submitted his request for excuse, the prospective juror must report for service unless otherwise notified by the Court.
  6. Examination of Prospective Jurors
    Examination of prospective jurors shall be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror's fairness and impartiality.

    All prospective jurors shall be placed under oath in accordance with the Ohio Revised Code. The oath administered shall incorporate an oath to assure the truthfulness of the answers provided on jury questionnaires.

    Jury questionnaires indicating basic background information concerning panel members shall be made available to counsel one day prior to the day on which jury selection is to begin (Attachment B). Counsel is permitted to copy the information contained on the questionnaires so long as all copies of jury questionnaires are returned to the Court upon the completion of trial. Under no circumstances may counsel or a party retain any jury questionnaire or copy.

    Neither counsel nor party will be permitted to question prospective jurors as to matters contained in the questionnaire. Parties and counsel may be permitted to ask follow up questions concerning such information

    The Court shall conduct a preliminary voir dire examination concerning basic and relevant matters, and counsel shall be permitted a reasonable period of time to question panel members thereafter. Counsel or parties shall conform their voir dire questioning to the following rules:
    1. Counsel may not examine prospective jurors concerning the law or possible instructions.
    2. Counsel may not ask jurors to base answers on hypothetical questions.
    3. Counsel may not argue the case while questioning jurors.
    4. Counsel may not engage in efforts to indoctrinate jurors.
    5. Jurors may not be asked what kind of verdict they might return under any circumstances. No promises may be elicited from jurors.
    6. Questions are to be asked collectively of the panel whenever possible.
    7. Counsel may inquire by general questions concerning the validity and philosophy of reasonable doubt or the presumption of innocence.

    In the event there exists a potential for sensitive or invasive questions, the Court or the parties may request a hearing preceding voir dire to consider these questions.

    In all cases, voir dire shall be held on the record, but may be conducted outside the presence of other jurors in order to protect juror privacy, or to avoid juror embarrassment.

    If it is determined by the Court during the voir dire process that an individual is unable or unwilling to sit in a particular cause fairly and impartially, the individual shall be removed from the panel. Such motion for removal for cause may be made by counsel, a party if un-represented, or upon the motion of the Court. Further, ORC Section 2313.42 and Crim. R. 24(B) set forth additional cause challenges which may be made against potential jurors.

    Peremptory challenges shall be exercised alternatively as presently established by ORC Section 2945.23, Civ R. 47 and Crim. R. 24, unless prior to trial the parties agree on the record to another method. Unless otherwise agreed, all challenges shall be made in open court. In special circumstances, challenges may be made outside the hearing of the prospective jurors. There shall be no limit to challenges for cause, however peremptory challenges shall be limited to that number as established by the Rules of Civil and Criminal Procedure.

    Challenges to the jury array shall be made in accordance with established rules of procedure.

    In criminal cases, the jury shall consist of eight regular jurors and one alternative juror. In civil cases, the jury shall consist of eight regular jurors and one alternate juror, unless by agreement, the parties stipulate to a lesser number. In special circumstances, additional alternate jurors may be selected.
  7. Jury Orientation:
    Jurors shall report for service no later than 8:30 A.M., unless otherwise directed. After orientation, voir dire shall commence promptly. All unresolved trial issues must be brought to the attention of the Court before the completion of orientation. No motions shall be entertained by the Court on the day of trial, except those which the Court must consider by law or by rule of procedure.

    Prospective jurors shall be provided with written and audio/visual orientation materials upon their initial appearance and prior to service. The Court shall give preliminary instructions to all prospective jurors, as well as additional instructions following the impaneling of the jury to explain the jury's role, trial procedures of the Court, along with other basic and relevant legal principals.

    Upon the completion of the case and prior to jury deliberations, the Court shall instruct the jury on the law and the appropriate procedures to be followed during the course of deliberations. In accordance with the Civil and Criminal Rules of Procedure, the parties or their counsel may request that special instructions be given to the jury.

    A final jury charge shall, whenever possible, be committed to writing, and shall be provided to the jury for its use during deliberation.

    Upon appearance for service, all prospective jurors shall be placed under the supervision of the Bailiff and shall direct any questions or communications to the Bailiff for the appropriate action.

    All communications between the judge and the members of the jury panel, from the time of reporting to the Court through dismissal, shall be committed to writing or placed on the record in open Court. Counsel for each party shall be informed of any communication, and shall be given the opportunity to be heard as to such communication. Under no circumstances shall counsel, a party, or other witnesses, have any contact with jurors.

    All jury deliberations shall be conducted in the jury deliberation room. Jury deliberation rooms shall include space furnishings and facilities conducive to reaching a fair verdict. Court personnel shall endeavor to secure the safety of all prospective jurors, and shall arrange and conduct all activities so as to minimize contact between jurors, parties, counsel and the public. Upon the commencement of deliberations, all jurors shall remain in the care of the Bailiff and shall not be permitted to leave the Court without permission.

    Deliberations shall not continue after a reasonable hour, unless the trial judge determines that evening or weekend deliberations would not impose an undue hardship upon the jurors, and are required in the interest of justice. Jurors shall be consulted prior to any decision.

    If jury deliberations are halted, jurors shall be permitted to be separated, unless for good cause shown, the Court finds that sequestration is necessary. If a jury is sequestered, the Court shall undertake the responsibility to oversee the conditions of sequestration and the transportation of all jurors.

    Upon reaching a verdict, all jurors shall return to the courtroom where the verdict or verdicts shall be read in open court. Upon the reading of the verdict in criminal cases, either party may request that the jury be polled.
  8. Evaluation
    The Court shall collect and analyze information regarding the performance of this jury management plan to evaluate the representativeness of the jury pool, the effectiveness of the summoning procedures, the responsiveness of individual citizens to jury summons, the efficient use of jurors, the cost effectiveness of this plan, and overall juror satisfaction.

    To achieve these goals, the court shall adopt and utilize a juror exit survey (Attachment D) along with maintaining regular data on all jury pools.
12.00 Court Security
The Fostoria Municipal Court is charged with dispensing justice, resolving disputes, and protecting the constitutional rights of those who appear before the Court.

Accordingly, appropriate levels of security should exist in the Court to protect the integrity of the Court procedures, protect the rights of individuals before it, sustain the decorum and dignity of the Court, and assure that Court facilities are secure for all those who visit and work there.

Therefore, pursuant to Sup. R. 9, the Court has developed and implemented a court security policy and procedures plan as follows:
  • The Court has appointed a Local Court Security Advisory Committee consisting of at least one representative from each of the following groups: Court, City Administration, City Council, Fostoria Police Department, Fostoria Bar Association and the Community.

  • The Local Court Security Advisory Committee has adopted a Court Security Policy and Procedure Manual effective April 14, 1999, which addresses the provisions of the Ohio Court Security Standards adopted by the Supreme Court of Ohio on October 17, 1994. The Court Security Policy and Procedure Manual has been filed with the administrative director of the Supreme Court. The Court Security Policy and Procedure Manual is not a public record.
13.00 Court Appointments
  1. Purpose:
    This rule is established in compliance with Sup.R.8(B) relating to local rules of court governing appointments made by the court.
  2. Procedure for Selecting Appointees:
    1. The court will maintain a list of the person qualified to serve in the capacity designated by the court. This list is open to all licensed attorneys in good standing who requested to be on the list and have an office in Seneca County, Hancock County, Wood County or in a county adjoining one of these counties.
    2. The names of appointees will rotate on the list to ensure equitable distribution of appointments among all of the list.
    3. The court reserves the right to consider the skill and expertise of the appointee in the designated area of the appointment, the management by the appointee of his/her current caseload and whether the appointee is currently representing the individual who is seeking court appointed counsel.
    4. The court will periodically review its appointment procedure to ensure equitable distribution of appointments among persons on the list maintained by the Court
    5. Compensation will be based upon the fee schedule set by the county commissioners for the county of appointment, bearing in mind that Fostoria Municipal Court has jurisdiction in Seneca County, Hancock County and Wood County.
14.00 Facsimile Filing Rule
  1. Applicability:
    These rules apply to civil, criminal and small claims proceedings in the Fostoria Municipal Court.
  2. Original Filing:
    1. A document 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, however, maintain in his or her records and have available for production on request by the Court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.

    2. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities of post judgment relief are exhausted.
  3. Definitions:
    As used in these rules, unless the context requires otherwise:
    1. A "facsimile transmission" means the transmission of a source document by 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.

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

    3. "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.
  4. Cover Page:
    1. The person filing a document by fax shall also provide therewith a cover page containing the following information: [See Attachment E for sample cover page form.]
      1. the name of the Court;

      2. the title of the case;

      3. the case number;

      4. the assigned judge;

      5. the title of the document being filed (e.g. Defendant Jones' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss);

      6. the date of transmission;

      7. the transmission fax number;

      8. an indication of the number of pages included in the transmission, including the cover page;

      9. if a judge or case number has not been assigned, state the fact on the cover page;

      10. the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and

      11. if applicable, a statement explaining how costs are being submitted.
    2. If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at its discretion:
      1. enter the document in the Case Docket and file the document; or

      2. deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance the document shall not be considered filed with the Clerk of Court;

    3. The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending part of a failed fax filing.
  5. Signature:
    1. A party who wishes to file a signed source document by fax shall either:
      1. fax a copy of the signed source document; or

      2. 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.

    2. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
  6. Exhibits:
    1. 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) 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.

    2. Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. [Attachment F for sample exhibit cover sheet.]
  7. Time of Filing:
    1. Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk of Court shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission. The office of the Clerk of Court 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.

    2. 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 Court.

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

    4. The risks of transmitting a document by fax to the Clerk of Court shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
  8. Fees and Costs:
    1. No document filed by facsimile that requires a filing fee shall be accepted by the Clerk of Court for filing until court cost and fees have been paid. Court cost and fees may be paid by cash, check, money order or through an escrow account established with the Clerk, The forms necessary for the authorization of payment by escrow account shall be available at the Clerk's office during normal business hours. Documents tendered to the Clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.

    2. No additional fee shall be assessed for facsimile filings.
  9. Length of Document:
    Facsimile filings shall not exceed 25 pages in length. The filer shall not transmit service copies by facsimile.
  10. Effective Date:
    These local rules shall be effective December 1, 2004, and shall govern all proceedings in actions brought after they take effect and also further proceedings in pending actions, except to the extent that, in the opinion of the court, their application in a particular action pending on the effective date would not be feasible or would work an injustice, in which event, the former procedure applies.
Attachments
The following attachments are in PDF format and require the FREE Adobe Reader for viewing.
  1. Jury Service Notice
  2. Juror Questionnaire
  3. Acknowledgment of Jury Service Notice
  4. Juror Service Exit Questionnaire
  5. Facsimile Filing Cover Page
  6. Sample Exhibit Cover Sheet