Cuyahoga Falls Municipal Court Information

Cuyahoga Falls Municipal Court

RULES AND PROCEDURES

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CUYAHOGA FALLS MUNICIPAL COURT RULES

RULE No. 1

CITATIONS OF RULES

These rules shall be known as the Cuyahoga Falls Municipal Court Rules of Practice and may be cited as CFMCR No._____. In the event of a conflict with the Rules of Superintendence, the Civil Rules, the Criminal Rules, or the Traffic Rules, these rules shall be subservient.

RULE No. 2

HOURS OF SESSION

The hours for holding the regular sessions of the Court shall be from 8:00 a.m. to 4:30 p.m., Monday through Friday each week, except on those days designated by law as legal holidays, City of Cuyahoga Falls holiday or by entry. A judge may extend the hours to include evening, Saturday and holiday sessions when deemed necessary and each judge may establish different hours for his or her Court. The schedule of the Court sessions is set forth in Appendix “A” at the end of these Rules.

RULE No. 3

DECORUM AND CONDUCT

(A) Courtroom Conduct.

Upon the opening of any Court session, all persons in the courtroom shall stand. All persons in the courtroom shall conduct themselves with decorum and in such a manner so as not to interfere with or obstruct judicial activities or proceedings. All persons appearing before the Court shall, as far as practicable, appear in appropriate dress.

(B) Food and Drink.

Smoking, eating, or drinking is not permitted in the courtroom, nor shall anyone bring food or drink into the courtroom.

No person shall loiter or conduct themselves in an unseemly or disorderly manner in the courtroom or in any halls, entryways or stairways leading thereto or otherwise interfere with or obstruct judicial activities or proceedings.

(D) Electronic Devices

All electronic devices, including but not limited to cellular telephones, pagers, computers, radios and compact disc players shall be turned off before a person enters a courtroom.

(E) Small Children

Small children are not permitted in the courtroom if their behavior or condition causes a disturbance of proceedings.

(F) Failure to Comply

Failure to comply with any aspect of this rule may result in sanctions, including continuance or dismissal of the matter before the Court, confiscation of the offending object(s), or a charge of contempt of Court.

(G)Attention to Rule.

The Court expects that counsel shall call this rule to the attention of clients and witnesses.

RULE No. 4

RESERVED

RULE No. 4.1

APPEARANCE OF PERSONS

Traffic Rule 8(C) is clarified and limited to require a defendant charged with a traffic violation, except for minor misdemeanors, to be present at the arraignment and all subsequent appearances. Defendants in criminal cases shall be present at all stages of the proceedings. All traffic defendants shall be present at all stages of the proceedings, except for an arraignment where the court may permit a “not guilty” plea in writing.

RULE No. 5

MEDIA

(A) Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing on a form prescribed by this Court to the Judge to whom the case is assigned as far in advance as reasonably practical, but in no event later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the Judge. Permission shall be granted in accordance with Rule 12 of Ohio Rules of Superintendence and upon such terms as the Court may dictate.

(B) Media representatives are responsible for pooling without involving the court in any way, except to notify it of pooling arrangements. Television stations and radio stations must decide which of them shall cover the proceedings, and only one of each may then cover any one proceeding. The newsprint media must decide which of them shall cover the proceedings for photographic coverage, and only one photographer may then be allowed in the courtroom at any one time. If a dispute arises among or between the media representatives during any proceeding, the judge shall exclude contesting representatives from the remaining case proceedings.

(C) Media representatives must be in designated areas before court convenes and may leave only during a recess, lunch break, or afternoon adjournment. They are responsible for providing their own equipment, including sufficient equipment leads to ensure they are able to be stationed in the designated location. Only existing lighting within the courtroom may be used. No flash lighting is permitted. Media representatives must wear appropriate attire when on courtroom assignment.

(D) Limitations:

(1) No media recording of proceedings in a judge's chambers or access to the same shall be permitted.

(2) There shall be no audio pickup or broadcast of conferences conducted in court between attorneys and clients or co-counsel or of conferences conducted at the bench between counsel and the judge.

(3) No media recording shall be permitted in the jury deliberation room at any time during the course of the trial or after the case has been submitted to the jury. No pictures of jurors shall be permitted at any time.

(4) The judge shall inform victims and witnesses of their right to object to being filmed, videotaped, recorded or photographed. Recording and/or broadcasting of victims of sexual assaults, informants and undercover police officers shall not be permitted.

(5) No media recording shall be made of any document or exhibit before or after it is admitted into evidence, except those which are clearly visible to spectators (e.g. maps, charts, blackboards, etc.)

(E)Revocation of permission:

Upon the failure of any media representative to comply with the conditions prescribed by this rule, or the judge, or of Rule 12 of the Rules of Superintendence for the Courts of Ohio, or these Local Rules, the judge may revoke the permission to record and/or broadcast the proceedings.

RULE No. 6

OFFICIAL NOTICE OF CIVIL PROCEEDINGS

The Akron Legal News is the official daily journal of the Cuyahoga Falls Municipal Court as authorized by O.R.C. 2$70.00**1.09. Publication in The Akron Legal News shall be deemed official and complete notification to all local counsel of any assignment of any case for any purpose whatever and it shall be the duty of such counsel to ascertain such notice from The Akron Legal News. Non-local counsel and parties representing themselves shall be notified by mail. Notwithstanding provisions of any rule to the contrary, any mail notification provided shall be sufficient. The Court also has a website located at www.cfmunicourt.com containing a docket of the proceedings before the Court. Any party or counsel receiving a notice of hearing or trial while at the Court will receive no further notice.

RULE No. 7

FACSIMILE FILINGS

(A) The provisions of this local rule are adopted under Civ.R. 5(E), Civ.R. 73(J), and Crim.R.12(B). Pleadings and other papers may be filed with the clerk by facsimile transmission as provided in this rule.

(B) DEFINITIONS

As used in these rules:

(1) “Facsimile transmission” means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end. “Facsimile transmission” does not include transmission by electronic mail (e-mail).

(2) “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) A “facsimile transmission” does not include a document attached to or included in an e-mail communication.

(1) This rule applies to civil, criminal, small claims, and traffic proceedings in this Court.

(2) The following documents will not be accepted for fax filing:

(a) any pleading of filing requiring a filing fee;

(b) any document in whole or part under seal;

(c) any document in excess of ten (10) pages (including attachments, but excluding cover sheet). No document shall contain print less that that 12 point print;

(d) pleas in criminal cases;

(e) pleas in traffic cases that do not comply with Traffic Rule 8( C) or have the prosecutor’s approval.

(D) ORIGINAL FILING

(1) A document filed by fax at (330)564-4114 shall be accepted as the effective original filing. The person filing a document by fax is not required to file any source document with the clerk. The person filing the document shall 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, and 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 for post judgment relief are exhausted.

(E)COVER PAGE

(1) The person filing a document by fax shall also include a cover page containing all of the following information:

(a) the name of the Court;

(b) the title of the case;

(d) the assigned judge;

(e) title of the document being filed;

(f) the date of transmission;

(g) the transmitting fax number;

(h) an indication of the number of pages included in the transmission, including the cover page;

(i) if a judge or case number has not been assigned, state that fact on the cover page;

(j) 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;

(k) if applicable, a statement explaining how costs are being submitted. [See Appendix “F” for Sample Facsimile Filing Cover Page]

(F) FAILURE TO INCLUDE COVER SHEET

If a document is sent by fax to the clerk without the cover page information listed above, the clerk shall 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.

(G) All responsibility for assuring and confirming that a facsimile filing has been received and accepted shall fall on the party submitting the filing.

(H) The clerk may inform the sending party of a failed fax filing.

(I) SIGNATURE

(1) A party who wishes to file a signed source document by fax shall do either of the following:

(a) fax a copy of the signed source document;

(b) 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 or her possession or control.

(J) EXHIBITS

(1) Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason shall be replaced by an insert page describing the exhibit and why it is missing. Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this section.

(2) Any exhibit filed pursuant to Section 6.01 shall include a cover sheet containing the caption of the case that 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’s Notice of Filing Exhibit “X” to Plaintiff’s Response to Defendants’ Motion to Dismiss). The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. [See Appendix “G” for Sample Notice of Filing an Exhibit]

(K) TIME OF FILING

(1) Subject to the provisions of these rules, all documents sent by fax and accepted by the clerk shall be considered filed with the clerk 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 will be open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business. If a fax is transmitted and received after the close of the Clerk’s office, it will be filed the next day the Clerk’s office is open.

(2) Fax filings may not be sent directly to the court for filing but may only be transmitted only through the facsimile equipment operated by the clerk of courts.

(3) The clerk may, but is not required to, acknowledge receipt of a facsimile transmission.

(4) The risks of transmitting a document by fax to the clerk of courts shall be borne entirely by the sending party. The sending party is urged to verify receipt by the clerk of a fax filing through whatever technological means are available.

RULE No. 8

(R E S E R V E D FOR FUTURE ELECTRONIC FILING RULE)

RULE No. 8.1

ASSIGNMENT OF CASES TO JUDGES

Where an answer or a motion is filed in a civil case, other than a motion for default judgment, or in a criminal or traffic case a motion or "not guilty" plea is entered, the same shall be assigned immediately, by Case Management, by lot, to a judge, which judge shall be responsible for the determination of every issue and proceeding in the case until its termination or reassignment.

RULE No. 9

CASES THAT HAVE BEEN ASSIGNED

The judge assigned to a case shall be responsible for the determination of every issue and proceeding in that case until its termination. Emergency orders and orders as of right, including requests for continuance, shall be submitted to the judge to whom the case is assigned. If the assigned judge is unavailable, the matter may be submitted to and determined by the Presiding Judge, if in the opinion of the Presiding Judge undue prejudice would be caused by not considering the matter.

RULE No. 10

REASSIGNMENT OF CASES

(A) Related Case.

If a case assigned under CFMCR No. 8.1 is found to be related to another case(s), or if there is a companion case(s) which presents substantially the same issues for determination, such fact shall be called to the attention of the Presiding Judge by submitting a related case transfer entry, signed by the transferring judge and the transferee judge. If the related case transfer entry has been approved by the transferor and the transferee judge, the Presiding Judge shall approve the same and reassign such case(s) to the transferee judge. The Presiding Judge may transfer the case without the approval of the transferee judge when he finds such transfer appropriate.

B) Disqualification.

If, for any reason, a judge is disqualified to hear an assigned case, that judge shall sign and submit a case transfer entry to the Presiding Judge. If approved by the Presiding Judge, a new lot shall be drawn and that case(s) shall be assigned to another judge. The transferring judge shall then receive the next case that would have been assigned by lot to the transferee judge.

In the event of the protracted illness of a judge, or the unduly prolonged time for trial of a case(s) assigned to a judge, the Presiding Judge may order the reassignment of cases assigned to that judge to another judge or to a visiting judge, as the Presiding Judge may determine.

(D) General.

The Presiding Judge may reassign any case in the furtherance of justice. A judge appointed or elected to succeed another shall have the cases assigned to his predecessor. When there is a transfer of a case, the case file and the other records shall be changed to reflect the reassignment to the transferee judge.

RULE No. 11

CIVIL PLEADINGS AND OTHER PAPERS

(A) Style.

All papers filed with the Clerk shall be filed under the style and number of the cause, and shall include: the name of the judge assigned the case, if any; a notation as to the type of case; a short description of the pleading or motion being filed; and any other information required by Civ.R. 10. All papers shall remain in the office of the Clerk of Courts except when required by the Court.

(B) Caption.

The caption on all pleadings shall provide a blank space of approximately three inches (3") in diameter on the upper right portion of the pleading for the Clerk's time-stamp imprint.

All pleadings, motions and other papers filed in an action shall bear the case number and the name, address and telephone number of the attorney together with the Registration Number of the attorney provided by the Supreme Court of the State of Ohio, or other person filing the same.

(D) Certificate of Service.

Other than the original complaint, every pleading, motion or other paper filed with the Clerk shall contain a certification of notice to the other parties to the action. In every proceeding where there is an attorney of record, the service shall be made upon such attorney unless service upon the party is ordered by the Court. [Civ.R. 5(B)]

(E) Size.

All pleadings and other papers shall be typewritten or printed on 8-1/2 x 11 inch bond paper only. They shall be offered without backing, suitable for a flat filing system. Original documents attached or offered as exhibits are exempt from this requirement, provided that all exhibits shall be neatly bound.

RULE No. 12

CIVIL COURT COSTS

No civil action or proceeding shall be accepted for filing by the Clerk unless a filing fee is deposited as shown on Appendix B at the end of these Rules, unless exempted by law or otherwise ordered by the Presiding Judge. Such prescribed fees may be amended from time to time by order of the Court. All entries or other dismissals terminating any case shall indicate the party having responsibility for payment of the court costs.

RULE No. 13

DISMISSALS ON FAILURE OF SERVICE

A civil case pending for six (6) months or longer in which service of process of the complaint has not been made shall be dismissed after notice to the plaintiff, unless, for good cause, the presiding judge otherwise directs. [M.C.Sup.R. 6(A)]

RULE No. 14

CIVIL LEAVES TO MOVE OR PLEAD

In all civil cases, a party may obtain one automatic leave to move or plead by certifying to the Clerk or by motion and order, stating that he or she has had no previous leave in that case. Such leave may not exceed twenty-one (21) days.

One additional leave to move or plead may be obtained at the discretion of the assigned judge. The request for such leave shall be made in writing, with notice to other parties, stating the reason for requesting such leave and setting forth the particulars of the prior leave. Such additional leave shall not exceed twenty-one (21) days. A judge, for good cause, may waive any requirement in this paragraph.

RULE No. 15

MOTION PRACTICE

Motions required to be made during a hearing or trial may be made orally or in writing to the judge or magistrate presiding. All other motions shall be made in writing, unless waived by the judge. Motions for a definite statement pursuant to Civ.R. 12(E) and motions to strike pursuant to Civ.R. 12(F) shall set forth the language sought to be stricken or claimed to be indefinite.

Motions will not be set for hearing except as the Court, in its discretion, orders. A party desiring a hearing shall request the same on the face of the motion. When a motion is set for hearing, the Court shall notify the parties to the action of the date and time of the hearing

Parties shall have ten (10) calendar days to respond to a motion.

The Court in its discretion may extend the time for filing and answering motions, unless prohibited by statute or the civil and criminal rules.

To the extent that this rule may conflict with CFMCR No. 14 or 17, the latter rules shall prevail.

RULE No. 16

NOTIFICATION OF DISMISSALS

(A) In cases of settlement or voluntary dismissal, the court will accept notice of the same by telephone from the person pursuing each claim. The plaintiff must submit an entry within ten (10) days of such telephone notification, unless otherwise ordered by the court.

(B) It shall be the responsibility of the plaintiff to notify the opposing party of the cancellation of any scheduled hearing due to voluntary dismissal unless otherwise ordered by the court.

(C) If no entry is received within the time allowed, the court will issue an entry of dismissal at the cost of the plaintiff or other party notifying the court of the dismissal.

RULE No. 16.1

PRETRIAL CONFERENCES

(A) Exceptions.

A pretrial conference will be held in every civil case filed, unless otherwise ordered by a judge or magistrate. A judge or magistrate may permit an agreed statement of counsel in lieu of said pretrial conference. In the event of an agreed statement in lieu thereof, provision shall be made for scheduling the case for trial.

(B) Continuances.

The attorneys who will actually handle the trial of a case shall attend all pretrial conferences unless excused by the judge or magistrate presiding. Continuances may be granted only by the judge or magistrate scheduled to preside at the pretrial conference. No continuance will be granted on the grounds that the trial attorney is not prepared to go forward if he has failed to attend the pretrial conference.

All parties in interest must be present at the pretrial conference, unless excused by the judge or magistrate presiding. If any claim for relief by any party is covered in whole or in part by insurance, a representative of the insurance company or carrier, authorized to handle the claim(s) for relief in controversy must be present at the pretrial conference, unless otherwise ordered by the judge or magistrate. If a claim for relief against any party is fully covered by insurance, that party's presence at the pretrial conference is not required unless otherwise ordered by the Court.

(D) Attorney Preparation.

At pretrial conferences, attorneys for all parties should be prepared to:

(1) Freely discuss the factual and legal theories of the case;

(2) Discuss the necessity or desirability of amendments to any pleadings, or the filing of any additional pleadings;

(3) Discuss simplification of the issues;

(4) Make admissions as to the facts and the genuineness of documents and other exhibits which are not in dispute;

(5) Eliminate parties unnecessary to the case;

(6) Give the names of witnesses whom they intend to call and state the general nature of their testimony. If the court so orders, counsel shall not be permitted to call additional witnesses at the trial, except rebuttal witnesses, unless the names and addresses of said witnesses and the general nature of their testimony are furnished in writing to other counsel of record at least two (2) days before trial, or upon leave of court at the trial for good cause shown;

(7) Give the number and nature of exhibits to be introduced and, if required by the court, produce the exhibits for examination by the court or parties;

(8) Furnish an itemized list of special damages and expenses, and a full description of the nature of any injuries for which compensation is claimed;

(9) Give the names, addresses and specialties of any anticipated expert witnesses;

(10) Exchange reports of any expert witnesses expected to be called by the parties;

(11) Exchange medical reports and hospital records;

(12) Discuss limitations on the number of expert witnesses;

(13) Produce information relative to insurance agreements, in accordance with Civ. R. 26(B)(2);

(14) Discuss the necessity of supplementing interrogatory answers or other previous discovery;

(15) Discuss procedures and time limitations for the completion of any further anticipated discovery;

(16) Discuss whether a view of the premises is appropriate or necessary;

(17) Discuss the possibility of consolidation of cases for trial;

(18) Consider the possibility of separation of issues (if any) for determination by or to the court, or to the jury, and separate determination of the issues of liability and damages;

(19) Submit and consider authorities on unique or controverted issues, or guarantee their submittal at least two (2) working days prior to trial;

(20) Fully explore and be authorized to conclude settlement;

(21) Discuss any other matters that may expedite the trial or disposition of the case.

(E) Pre-Trial Statements.

All parties, prior to a scheduled pre-trial, shall file a pre-trial statement with the Court containing:

(1) a brief statement of the facts;

(2) issues of fact;

(3) issues of law;

(4) a list of witnesses;

(5) a list of exhibits;

(6) possible stipulations; and

(7) the status of discovery.

(F) Motions.

The court may decide or take under consideration for decision, any motions ending the case at the time of the pretrial conference.

(G) Sanctions for failure to appear.

Provided that notice has been given, either by reference to this rule in the notice of pretrial conference or otherwise, the Judge or Magistrate may:

i) upon failure of plaintiff and counsel to appear in person at pretrial, dismiss the claim for want of prosecution;

ii) upon failure of defendant and counsel to appear in person, allow plaintiff to proceed with the case on the merits ex parte; and

iii) strike, as waived, a jury demand filed by a nonappearing party.

(H) Pretrial Discovery.

The parties shall make reasonable efforts to complete documentary discovery by the time of the first pretrial conference. The court may disallow further discovery at the pretrial conference or set the case for trial without an additional pretrial conference although further discovery may be permitted.

(I) Failure to Comply.

Failure of an attorney to be prepared for the pretrial conference, failure of an attorney or party to appear, or to cooperate in good faith in the conduct of the pretrial conference, shall subject said attorney or party, in the discretion of the judge or magistrate, to sanctions as provided by Rule 37 of the Ohio Rules of Civil Procedure, including an award of expenses and/or attorney fees to any party prejudiced by said failure. In addition, the Court shall have the authority to dismiss an action for failure on the part of the plaintiff or plaintiff's counsel to comply with this rule and shall have the authority to proceed with all or any portion of the case and to decide and determine any or all matters ex parte upon failure of the defendant to appear in person or by counsel at pretrial conference in accordance herewith.

RULE No. 17

TELEPHONE HEARINGS

The Court may, in its discretion, hear oral argument on any motion or conduct a pretrial conference or other hearing by speaker or regular telephone conference, provided that every statement is audible to all persons. Upon request of any party, such oral argument, conference, or hearing may be recorded under such conditions as the Court shall deem practicable. The Court may direct which party shall pay the cost of long distance or conference telephone calls. The requesting party shall set up such conference call with all counsel, parties and the Court unless otherwise directed by the Court or magistrate.

RULE No. 18

SUBPOENAS FOR WITNESSES

(A) Witnesses may be subpoenaed by filing a praecipe with the Clerk or by a person designated by an order of the Court as provided in Civ.R. 45(C).

(B) Any praecipe for subpoena or order designating a person to serve a subpoena should be filed with the Clerk at least five (5) days before the date of trial. If a witness fails to appear at trial and the filing for such service was made sooner than five (5) days before trial, then such nonappearance shall not constitute grounds for a continuance.

(C) In any case, service of subpoena may be made by an attorney-at-law or by any person designated by the court pursuant to Rule 45 (B) of the Ohio Rules of Civil Procedure or Rule 17(D) of the Ohio Ru