Preamble:
It is ordered that on and after
July 1, 1991 the following be, and the same is hereby adopted
as the Rules of The Court of Lorain Municipal Court,
regulating the practice and procedure of the Court until otherwise
ordered. All other rules previously established are expressly
revoked.
The Rules of the Superintendence
of the Ohio Supreme Court and the Ohio Rules of Civil and Criminal
Procedure, under which these local rules are promulgated shall
also govern the practices and procedures of the Court. Nothing
in these rules shall be interpreted to conflict with such Rules
of the Superintendance.
Rule No. 1 - Judges
Lorain Municipal Court Judges:
Honorable Robert A. Ewers and Honorable Gustalo
Nunez
Rule No. 2 - General
The session of the Lorain Municipal Court shall be from 9:00 a.m. to 12:00 noon, and from 1:00 p.m. until 4:00 p.m.
The office of the Clerk of Court shall be open from 8:30 a.m. to 4:25 p.m.
All times mentioned herein shall be the time in effect by Municipal authority.
Rule No. 3 - Administrative Judge
In Lorain Municipal Court the
Administrative Judge shall be governed by Rule 2 of the Rules of Superintendence.
Rule No. 4 - Dockets and Records
The Clerk shall prepare and keep
all dockets, books and public records as required by law.
Rule
No. 5 - Journal Entries
(A)
Every final order made by a judge shall be evidenced by a journal
entry, which journal entry shall be signed by the Judge. The
journal entry may be by separate instrument, the journal card
or by entry on the jacket, in accordance with the practice in
the Municipal Court. The Journal Entry in all civil cases shall
be by separate instrument.
(B)
Counsel for the party in whose favor, or on whose request, any
order, judgment or decree is rendered, shall at request of the
Judge, within three (3) days thereafter, unless the time be extended
by the Judge, prepare the Journal Entry and submit it to counsel
for the opposite party or parties, if any, who shall approve
or reject it within twenty-four (24) hours after such presentation.
If rejected, counsel so rejecting shall, within twenty-four (24)
hours after rejection, prepare an Entry.Both Entries shall be
presented to the Judge forthwith. The Judge will thereupon approve
one of the said tendered entries, or prepare an entry to the
Court's satisfaction, duly noting exceptions, and file the same
with the Journal Clerk.
(C)
In any case not tried
to a jury, any party may request a separate finding of law and
fact any time before the decision of the Court is announced.
Rule
No. 6 - Satisfactions
Satisfactions in whole or part
of the Judgment may be entered on the docket by the attorney
of record, attesting to by the Clerk or Deputy Clerk, or by Journal
Entry signed by the party or the attorney of record and approved
by the Judge.
Rule
No. 7 - Fees and Costs
(A)
No action or proceeding shall be accepted for filing by the Clerk
of this Court unless there first shall be deposited the
filing fee required by the Court in its latest revised schedule
of costs, except that upon a representation of indigency, the
Clerk shall investigate the accuracy of such presentation and
upon finding that such indigency does exist, the security for
costs shall be waived. The Court shall maintain a current schedule
of fees for distribution to the public, not inconsistent with
those of the Revised Code and the Court of Common Pleas.
(B)
Deposits and advance payments of fees and costs shall be returned
only by order of the Court and only when the same have been paid
by the party against whom they are assessed by the Court.
(C)
When a jury trial in
a civil case is demanded, the party demanding same shall be forthwith
required to make an advance deposit as security for costs in
such sum as the Clerk determines to be reasonable. The cost of
summoning jurors and the fees of jurors shall be apportioned
to the respective proceeding and shall be taxed as part of the
Court costs. The minimum deposit for jury trial shall be $350.00.
Rule
No. 8 - Pleadings and Motions
(A)
Civil Rules 7 through 15 shall govern the form and manner of
pleading.
(B)
All pleadings, orders and entries must be presented and time
stamped at the Clerk's office.
(C)
No pleadings after being presented to the Clerk's office shall
be amended or altered without consent of the Court. (Subject
to Ohio Rules of Civil on Amendment to Pleadings.)
(D)
The original copy of all pleadings shall be the Court's copy,
possession of which shall not leave the Court's premise.
(E)
Only copies or certified copies of the files shall be taken from
the Court.
(F)
Sufficient additional copies of all pleadings must be filed with
the Clerk's Office to secure adequate coverage of all necessary
parties.
(G)
All requests shall be in writing or by written precipe signed
by the requesting party in interest or their Attorney.
(H)
Attorneys must subscribe legibly all pleadings, entries and motions
or in the alternative print the spelling of their name beneath
the signature. The address, telephone number, and Supreme Court
Number of the respective trial counsel shall be placed on the
pleading of the first instance.
(I)
Where an assignment is part of a case and is expected to
be offered in evidence, a true copy of the entire assignment
in unconditional form shall be attached to the complaint. The
assignment shall not be used as a ruse to prevent the action
from being brought by the real party in interest. The assignment
must be absolute and unconditional, in order to prevent duplicity
of payment.
(J)
In attachment and garnishment proceedings, a true copy of the
affidavit shall be served with the summons and order of attachment
and garnishment.
(K)
In the action on an account, the account must show the name of
the party charged and contain the following:
1. A beginning balance (zero, or a sum that
can qualify as an account stated, or some other provable sum).
2.
Listed items (or an item, dated and identifiable by number or
otherwise, representing charges, of debits and credits).
3.
Summarization by means of a running or developing balance, or
an arrangement of beginning balance and items which permits
the calculation of the amount claimed to be due.
(L)
In actions on an account, interest shall be at the highest legal
rate permitted upon the balance of the account as of the
date of the last debit entry, unless otherwise pleaded.
(M)
The filing of a Motion or Pleading subsequent to the complaint
shall be accompanied by proof of service signed and dated.
The copy served upon the opposite party or his attorney shall
be signed and dated.
(N)
All motions shall be accompanied by a brief or memorandum of
authorities in support of said motion. In default thereof,
such motions may be stricken from the files. Opposing counsel
shall have seven (7) days to file an Answer Brief.
(O)
Motions to advance cases out of numerical order must be accompanied
by affidavit showing meritorious grounds for such advancement.
(P)
All motions for continuance shall be made in writing and proof
of service upon opposing counsel of a copy of such motion
shall be filed not less than fourteen
(14) days before trial date.
(Q)
The grounds for continuance must be stated in such motion. Such
motion may be set for hearing before the trial date and
the Court shall give opposing counsel notice of the time of such
hearing. No case will be continued on the trial date, except
for good cause shown, which was not known to counsel prior to
the date of trial and provided counsel had used due diligence
to be ready for trial and has notified and made diligent effort
to notify his opponent as soon as he became aware of his necessity
to ask for a continuance. All continuances shall be to a date
certain.
(R)
The court shall give all parties not less than fourteen (14)
days advance notice of any trial date, unless all parties waive
such advance notice.
Rule
No. 9 - Leaves To Move or Plead
(A)
Except in actions for forcible entry and detainer or in replevin,
when a party in any case is not prepared to move or plead by
answer day ONE extension of time may be had upon
application to the Court and without notice for a period of not
exceeding thirty (30) days. Consent of counsel may be filed as
a journal entry in the case and shall be evidence of "good
cause shown" for the first leave only. Any leave to move
or plead thereafter may be had only with approval of the
Court and upon application to the Court, with notice to the opposite
party or counsel, and for good cause shown, consent of opposing
party or counsel shall not in and of itself constitute good cause.
(B)
Default Judgments shall be governed by Civil Rule 55.
Rule
No. 10 - Briefs Other Than Trial Briefs
(A)
Counsel filing any motion or exception shall file therewith a
memorandum containing a short, concise statement of the
points relied upon and the authorities supporting such contentions
and a true copy of it shall be served forthwith upon each opposing
counsel and each party not represented by counsel.
(B)
Unless the time be extended by the court, a motion directed to
any pleading shall be filed within the time allowed by the Rules
of Civil Procedure for a responsive pleading.
(C)
Any motion or exception to be heard upon evidence shall so state
and shall be accompanied by requisite affidavits.
(D)
Opposing counsel may, within fourteen (14) days after receiving
a copy of such motion or exception, file an answer brief
or memorandum of like character. Copies thereof, shall be furnished
and delivered as provided in paragraph (A) of this rule.
Rule
No. 11 - Hearing and Submission of Motions: Objections to Interrogatories
(A)
Motions, in general, shall be submitted and determined upon the
motion papers hereinafter referred to. Oral arguments of
motions will be permitted on written request and proper showing,
or by mutual written request of the parties.
(B)
The moving party shall serve and file with his motion a brief
written statement of reasons in support of the motion with
supporting citations of the authorities on which he relies. If
the motion requires the consideration of facts not appearing
of record, he shall also serve and file copies of all affidavits,
depositions, photographs or documentary evidence he desires to
present in support of the motion.
(C)
Each party opposing the motion may serve and file within fourteen
(14) days after filing of the motion, a brief written statement
of reasons in opposition to the motion with supporting citations
of the authorities on which he relies. If the motion requires
the consideration of facts not appearing of record, he shall
also serve and file copies of all affidavits, depositions, photographs
or documentary evidence he desires to present in opposition of
the motion.
(D)
Reply or additional briefs
upon motions and submissions may be filed with leave of the court
only upon showing of the necessity thereof.
(E)
Objections o interrogatories.
Objection to interrogatories shall include, immediately preceding
any discussions and citation of authority, the interrogatory
in full to which objection is made.
(F)
All pleadings and briefs
containing references to statutes or regulations shall have attached
thereto a copy of the statute or regulation.
Rule
No. 12 - Dismissals
(A)
All cases pending for
a period of sixty (60) days in the docket of this Municipal Court
in which service of summons or service by publication has not
been made shall be dismissed by the Court unless good cause is
shown to the contrary.
(B)
If a party fails to comply
with and order or decision of the Court, said case may be dismissed,
or judgment may be rendered as upon default as the case requires.
(C)
Cases assigned for trial
upon which no appearance is made on trial date shall be dismissed
for want of prosecution, or otherwise disposed of by the judge.
(D)
In forcible entry cases,
if plaintiff fails to appear at the time set for hearing, the
cause shall be dismissed at the Plaintiff's cost.
Rule
No. 13 - Term
There shall be no term in this
Municipal Court, but for the purpose of computing time, ninety
(90) days following judgment shall be considered within term
and time thereafter shall be considered after term.
Rule
No. 14 - Journal Entries
(A)
When ordered or directed
by he court, counsel for the party in whose favor an entry, order,
judgment or decree is entered in civil cause shall, within ten
(10) days thereafter unless the time be extended by the court,
prepare a proper journal entry and submit same to counsel for
the opposite party who shall approve or reject the same within three
(3) days after its receipt by him and may, in case of rejection,
file objections thereto in writing with the court.
The judgment entry specified
in Ohio Civil Rule 58 shall be journalized within thirty (30)
days of the verdict, decree or decision. If such entry is not
prepared and presented for journalization by counsel, then it
shall be prepared and journalized by the court.
(B)
REQUEST FOR FINDINGS BY THE COURT
When a request for finding
of fact and conclusion of law is made, the judge shall direct
the party making the written request to prepare, within five
(5) days, proposed finding of fact and conclusion of law and
submit them to opposing counsel. Within ten (10) days after its
receipt by opposing counsel, the proposed findings shall be submitted
to the Court with objections and counter proposals, if any, in
writing; however, only those findings of fact and conclusions
of law made by the Court shall form part of the record.
AMENDMENT Upon motion of a party within ten (10)
days after the filing of the findings, the Court may amend the
findings, make additional findings and may amend the judgment
accordingly. The motion may be made with a motion for new trial.
When findings of fact are made in actions tried by the court
without a jury, the question of the sufficiency of the evidence
to support the findings may thereafter be raised whether or not
the party raising the question has made in the trial court
an objection to such findings or has made a motion to amend or
a motion for judgment.
Rule
No. 15 - Court Files and Papers
No person (except a judge of
the court) without counsel of the Clerk of Courts shall remove
any court papers, files of the court or parts thereof from custody
of the Clerk.
Rule
No. 16 - Pretrial Procedure
For purpose of insuring the readiness
of cases for pretrial and trial the following procedure shall
be in effect.
A pretrial conference shall be
conducted in all contested civil cases prior to being scheduled
for trial. In addition, the judge assigned the case may for good
cause shown waive the pretrial requirements stated herein.
(A) For the purpose of this rule, "pretrial"
shall mean a court supervised conference chiefly designated to
produce an amicable settlement. The term "party" or
"parties" used hereinafter shall mean the party or
parties to the action, and/or his or their attorney or attorneys
of record.
(B) Notice of the pretrial conference shall
be given to all counsel of record by mail and/or telephone not
less than fourteen (14) days prior to the conference. Any application
for continuance of the conference shall be addressed the judge
to whom the case has been assigned.
(C) Attendance Required: The following are required to attend all pre-trial
conferences unless excused by the judge to whom the case is assigned
after prior notice to opposing counsel:
1. All parties in interest unless the claim for relief against
the party is fully covered by insurance;
2.
An insurance company representative
in all cases in which the claim for relief is covered in whole
or in part by insurance;
3.
The attorney must have full
authority to present and conclude all matters involved in the
case.
(D) The primary purpose of the pretrial;
conference shall be to achieve an amicable settlement of the
controversy in suit. If the court concludes that the prospect
of settlement does not warrant further court supervised negotiations,
then the court shall act on any other matters which come before
it at that time and efforts shall be made to narrow legal issues,
to reach stipulations as to facts in controversy and, in general,
to shorten the time and expense of trial. The court may
enter a pretrial order to become part of the record of the case
embracing all stipulations, admissions and other matters
which have come before it. The court shall at that time determine
whether or not trial briefs should be submitted and shall fix
a date when they are to be filed. Subject to the provisions for
arbitration hereinafter provided, the court shall also stipulate
in writing whether the case shall be referred to arbitration.
(E) After the pretrial conference, counsel
may engage in further discovery proceedings, provided they do
not result in delay of trial of the case. In the event counsel
request discovery proceedings that would cause a delay of trial,
the right to such discovery shall be determined by the court.
The court, however, reserves the right to set the case for trial
before the completion of any further discovery and without additional
pretrials.
(G) Any judge presiding at a pretrial conference
shall have the authority:
1. To dismiss an action for want of prosecution
on motion of defendant upon failure of plaintiff or his counsel
to appear in person at any pretrial conference.
2. Upon failure of defendant or his counsel
to appear at any pretrial conference, to order the plaintiff
to proceed with the case and to the extent permitted by law to
decide and determine all matters ex parte.
Rule
No. 17 - Trial Procedures
(A) Subject to Ohio Supreme Court Rules of
Superintendence the court may promote the use of any device or procedure
which would tend to facilitate the earlier disposition of cases.
(B) The court may provide for the selection
of the petit jury outside the courtroom and establish the procedure
for the examination of the prospective jurors.
(C) On the trial of an issue of fact, only
one attorney for each party shall examine or cross-examine any
witness, unless otherwise permitted by the court.
Rule
No. 18 - Jury Trial
All cases shall be tried by the
court unless a jury trial has been demanded in writing pursuant
to the appropriate statutes and Rules of Civil and Criminal Procedure.
In all civil cases said demand
shall be accompanied by a deposit of $350.00 for all cases.
This rule shall be subject to the Statutes regarding indigents.
Rule
No. 19 - Discovery
(A)
In General: Discovery shall be conducted in accordance
with Civil
Rules 26 through 37.
(B)
Pre-Trial Objectives:
(1)
Settlement of the case;
(2)
Agreement upon and simplification of the issues;
(3)
Obtaining admission and stipulations of fact and making them
part of the record;
(4)
The exchange, if necessary, of
(a) The names and address of witnesses;
(b) The names, addresses and specialties
of expert witnesses;
(c) Reports of expert witnesses;
(d) Medical reports and hospital records.
(5)
Itemization of special damages and expenses;
(6)
Determination of the number of witnesses and exhibits to be introduced
at trial and the probable length of trial;
(7)
Such other matters as may aid in the disposition of the case.
(C)
Further Assignments: At the pre-trial conference, if no
settlement has been reached, the judge may, by journal entry,
assign further a pre-trial date or a firm trial date and shall
give a copy of the entry to each attorney and party without counsel.
Delivery of such copy shall constitute sufficient notice so that
further notice under local Rule 8 shall
be unnecessary.
Rule
No. 20 - Continuances in Civil and Criminal Cases
(A)
Continuances of Civil and Criminal cases shall be in accordance
with Superintendence
Rules.
(B)
Requests for Continuances: All requests
for the continuance of a trial must be by written motion which
complies with the Civil Rules. Continuances shall be granted
only by the judge to whom the case is assigned.
(C)
Appearing at Trial Unprepared: If
a party or counsel appears for a trial but shows good cause as
to why he is not ready for trial, the court shall make such order
or orders as it deems proper. If a party or counsel appears for
trial but indicates that he is not ready for trial without showing
good cause for his unreadiness, the court, if such party is one
seeking affirmative relief, shall enter an order dismissing the
claim for want of prosecution, or if a party defending a
claim, shall order the party seeking relief to proceed with the
case and shall determine all matters ex parte.
(D)
Failure to Appear at Trial:
If a party seeking affirmative relief, either in person or by
counsel, fails to appear for trial, the court shall enter an
order dismissing the claim for want of prosecution. If a party
defending a claim, either in person or by counsel, fails to appear
for trial and the party seeking affirmative relief does appear,
the court shall order such party to proceed with the case
and shall determine all matters ex parte.
(E)
Settlements Prior to Trial: If a
case set for trial is settled, the trial counsel shall immediately
notify the court and thereafter, as provided by these rules,
file a stipulation of dismissal or other proper entry.
Rule
No. 21 – Proceedings in Aid
(A)
When utilizing foreign forms provided by the Court for purpose
of Proceedings in Aid, unless the foreign forms are neatly and
appropriately altered to indicate to the Garnishee the required
mandate and order, said foreign forms will be returned to counsel
by the Clerk with a copy of this Court rule.
(B)
All personal examinations shall be before the Court or Referee.
In the latter instance, the Referee shall see that examinations
are held in a relevant legal manner and procedure.
(D)
Unless a certified return receipt, United States Post Office
form PS 3811 is received, or a properly completed and stamped
certificate of mailing is received, together with a copy of the
fifteen (15) day demand and a draft for $1.00 payable to the
Garnishee, the Proceedings in Aid shall be returned to the party
filing the same.
Rule
No. 22 - Entries, Etc. Part of Regular File
Stipulations, final entries,
and other similar documents filed with the Clerk must be entered
upon the regular docket as filed and become part of the regular
files of the case.
Rule
No. 23 - Appointment of Jury Commission
Jurors in this Municipal Court
shall be chosen and summoned as follows
The Clerk shall provide a jury
wheel and shall be the custodian thereof, similar to that in
use for drawing jurors to serve in Common
Pleas Court of Lorain County. The Presiding Judge of the
Lorain Municipal Court shall, on or before the fifth day after
receipt of the list of freehold electors, appoint two (2) freehold
electors of the territorial jurisdiction of the Court neither
of whom shall be an attorney at law, and who shall not be of
the same political party, to serve as jury commissioners for
the ensuing year. Before entering upon their duties said commissioners
shall be duly sworn.
Court Selects Key
When ordered by the
Court, the Jury Commissioners shall meet in the Court room or
at such place as the judge shall designate, and shall select
such number of judicious and discreet persons, having the qualifications
of electors of the territorial jurisdiction of the Court, as
the Court may direct, by the key number system, the key number
to be fixed by the Court. When it shall become necessary, thereafter,
the commissioners shall meet at such time and place as the Judge
may appoint, and in like manner there select such additional
number of persons as the Court, by its order entered on the journal,
may direct. The names of all such persons selected shall be written
and deposited in such jury wheel and a list thereof certified
to the Clerk.
Replacement of Commissioner
If either of the jury commissioners is sick or absent from the
city, the Presiding Judge may appoint a judicious and disinterested
person to take the place of such commissioner to perform the
duties herein provided for, also the Presiding Judge may by appointment,
fill any vacancy that occurs in said commission caused by death,
resignation or otherwise.The person so appointed shall be of
the same political party as the commissioner whose place is to
be filled.
Clerk Draws Names
The names of persons who are to serve as jurors shall be drawn
from the jury wheel by the Clerk of Courts in the presence of
the Judge, but need not be drawn in the presence of said jury
commissions, or either of them.
Fees of Jurors
The fees to be paid to jurors shall be the same rate as paid
by the Common Pleas Court of Lorain County.
Procedure of Clerk
When, by order of the Court or a Judge thereof, the Clerk is
directed to cause the summoning of persons to serve as jurors
he shall, in presence of the Judge, turn the jury wheel several
times until the pieces of paper therein are thoroughly mixed,
then draw from it the number of names specified in the order,
and unless otherwise therein directed forthwith shall issue a
venire facias to the bailiff commanding him to summon the persons
whose names are drawn, to attend as jurors at the time and place
in the order stated. Except as otherwise provided, all jurors
shall be impaneled from persons so selected and summoned.
Number of Jurors Drawn
When a jury of six (6) is demanded, not less than fifteen (15)
names shall be ordered drawn and when a jury of eight (8) is
demanded, not less than twenty (20) names shall be ordered drawn.
Challenge
If by challenge or otherwise, there shall not be left upon said
venire a sufficient number of persons to make up the panel, or
if the array be challenged and set aside, the Court shall order
additional names to be drawn from the jury wheel as above provided
or the Court may order the Bailiff to serve the desired panel
from bystanders on the street.
Rule
No. 24 - Trusteeships
An application by a debtor for
a trusteeship under Section 2329.70 of the Ohio
Revised Code must contain a full and complete statement,
under oath, setting forth:
1.
The names of the secured
and unsecured creditors with the liquidated claims, their complete
address, account numbers and amount due and owing to each. If
account is being administered by someone other than the creditor
list their name and complete address.
2.
The disposable amount of money earned in a thirty (30) day period
by the applicant, as set forth in Section 2329.62 of the Ohio Revised Code,
the usual day or days applicant receives his pay, his place of
residence, the number of dependents, their ages and relation
to the applicant.
3.
The name of the person who made a demand upon him or her in accordance
with Section 1911.40 of the Ohio
Revised Code and date of such demand.
Appointment
An order shall be prepared appointing the Clerk of Court to act
as Trustee and shall be approved by the Judge.
Notice
The applicant shall furnish a notice of appointment for each
creditor showing the amount owed said creditor and the amount
of the total indebtedness, together with addressed, stamped envelope.
Notice to be mailed by the trustee with notice for the creditor
to answer within ten (10) days of mailing, or they will be included
in the Trusteeship in the amount stated.
If a debtor fails, through mistake
or otherwise, to list a creditor, said creditor or debtor, upon
motion to the Court, with notice to the other party, may be listed
in the trusteeship. A creditor who becomes a creditor after the
appointment of a trustee, shall participate in any distribution
made by the trustee after the next ensuing distribution.
Upon filing of an application
for trusteeship, no action to subject the personal earnings of
the debtor shall be brought or maintained by any creditor listed.
Terminations
Any trusteeship that is is arrears for payment for sixty (60)
days shall be dismissed. Any trusteeship that is inactive for
six (6) months shall be dismissed.
Attorney Fees Listed
The attorney representing an applicant for trusteeship shall
be permitted to include his claim for such service in the trusteeship
and said claim for attorney fees shall be given priority over
other creditors in the amount not to exceed two hundred dollars
($200.00). Upon the first distribution of funds to creditors,
the claim of such attorney shall be paid in accordance with this
priority and shall not exceed an amount of two hundred dollars
($200.00).
Applicable
Section 2329.62 thru 2329.69 of the Ohio Revised
Code provide for exemptions and are based upon disposable
earnings. The trustee is hereby authorized to require proof of
disposable earnings and eligibility for exemption of payment
by affidavit or otherwise and at such times as he shall deem
necessary.
Rule
No. 25 - Automatic Bankruptcy Stay
Upon written notification to
the Court of any pending bankruptcy proceeding and the bankruptcy
case number effecting any litigant in this Court, there shall
be a journal entry as follows:
"Defendant having filed
a Petition in the U. S. Bankruptcy Court, The Bankruptcy Act
establishes an automatic stay of proceedings against the debtor,
in 11 U.S.C. 362(a). It is hereby ordered that the commencement
or continuation of any action to obtain or enforce any judgment
against the Defendant/Debtor or his property is hereby stayed
until the bankruptcy case is closed, dismissed, or a discharge
granted or denied, or until; Defendant/Debtor's property is no
longer property of the bankruptcy estate or until the Bankruptcy
Court grants relief from its stay. Clerk to send copy to counsel
of record.
Unless motion to the contrary
is filed, the pending action will be dismissed after one hundred
eighty (180) days.
Rule
No. 26 - Notification Prior to Default Judgment for Appearing
Parties
Each party shall be charged with
the responsibility of maintaining a correct mailing address.
In the event a forcible entry and detainer entry is issued causing
the defendant to be removed from their residence, it will be
deemed sufficient service and adequate notice for the Clerk to
mail, by regular mail to the defendant, date of hearing to last
known address not withstanding the fact that said litigant does
not reside at that address.
Rule
No. 27 - Appearances and Withdrawals of Counsel
An Attorney, having entered an
appearance or being of record in a case, shall be deemed responsible
to appear in all hearings pursuant to notices or calls thereof,
unless a court entry of withdrawal is timely filed and approved
by the Judge of the Court. If the subject case and time has been
assigned for hearings, that fact and the hearing date shall be
set forth in the entry. Proof of service on the client and opposing
counsel shall be indicated on such entry when submitted to the
court.
Rule
No. 28 - Non Appearance of Counsel at Pre-Trial
In addition to Rule 13.05, counsel
must provide substitute counsel as provided in M. C. Rule 16(c),
if client appears and trial is set at a later time.
Rule
No. 29 - Video Tapes
All video tapes of proceedings,
trials, and hearings in the Court shall remain in the exclusive
care and control of the Judges and Referee of this Court. A transcript
of the video tape recording may be obtained by a certified court
reporter obtaining permission of the Court to transcribe the
video tape recording into typewritten transcript. video transcription
of original tape shall not be permitted without court approval.
These Rules of Court
for the Lorain Municipal Court are effective, as amended, June 28, 1991.
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