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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.
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.
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.
(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.
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Clerical Steps:
- 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.
- 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.
- 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.
- 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.
- 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.
- Judicial Steps:
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Clerical Steps:
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- Jury Eligibility:
All persons are eligible for jury service except as follows:
- Persons less than 18 years of age.
- 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.
- Persons who are not citizens of the United States.
- Persons who have been convicted of a felony and have not had their civil
rights restored.
- Persons who are not able to communicate in the English language.
- 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.
- 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.
- 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:
- Any person who suffers from a substantial physiological or psychological
impairment.
- Any person who has a scheduled vacation or business trip during
potential jury service.
- Any person for whom jury service would constitute a substantial
economic hardship.
- 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.
- Any person who has served on a jury within the last year.
- Any person for whom it may be readily determined is unfit for jury
service.
- Any person for whom it is readily apparent would be unable to perform
their duty as a juror.
- 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.
- 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:
- Counsel may not examine prospective jurors concerning the law or
possible instructions.
- Counsel may not ask jurors to base answers on hypothetical questions.
- Counsel may not argue the case while questioning jurors.
- Counsel may not engage in efforts to indoctrinate jurors.
- Jurors may not be asked what kind of verdict they might return under
any circumstances. No promises may be elicited from jurors.
- Questions are to be asked collectively of the panel whenever possible.
- 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.
- 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.
- 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.
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.
- Purpose:
This rule is established in compliance with Sup.R.8(B) relating to local
rules of court governing appointments made by the court.
- Procedure for Selecting Appointees:
- 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.
- The names of appointees will rotate on the list to ensure equitable
distribution of appointments among all of the list.
- 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.
- The court will periodically review its appointment procedure to ensure
equitable distribution of appointments among persons on the list maintained by the Court
- 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
- Applicability:
These rules apply to civil, criminal and small claims proceedings in the
Fostoria Municipal Court.
- Original Filing:
- 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.
- 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.
- Definitions:
As used in these rules, unless the context requires otherwise:
- 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.
- A "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 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: [See Attachment E for sample cover page form.]
- the name of the Court;
- the title of the case;
- the case number;
- the assigned judge;
- 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);
- the date of transmission;
- the transmission fax number;
- an indication of the number of pages included in the transmission, including the cover page;
- if a judge or case number has not been assigned, state the fact on the cover page;
- 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
- if applicable, a statement explaining how costs are being submitted.
- 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:
- 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; in this instance the document shall not be considered filed with the Clerk of Court;
- 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.
- Signature:
- A 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.
- 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) 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 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.]
- Time of Filing:
- 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.
- 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.
- The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
- 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.
- Fees and Costs:
- 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.
- No additional fee shall be assessed for facsimile filings.
- Length of Document:
Facsimile filings shall not exceed 25 pages in length. The filer shall not transmit service copies by facsimile.
- 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.
The following attachments are in PDF format and require the FREE Adobe Reader for viewing.
- Jury Service Notice
- Juror Questionnaire
- Acknowledgment of Jury Service Notice
- Juror Service Exit Questionnaire
- Facsimile Filing Cover Page
- Sample Exhibit Cover Sheet
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