THE DELAWARE MUNICIPAL COURT LOCAL ... - City of Delaware

THE DELAWARE MUNICIPAL COURT LOCAL ... - City of Delaware THE DELAWARE MUNICIPAL COURT LOCAL ... - City of Delaware

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THE DELAWARE MUNICIPAL COURT The Honorable David P. Sunderman The Honorable David M. Gormley LOCAL RULES OF PRACTICE JUSTICE CENTER, 70 NORTH UNION STREET, DELAWARE, OHIO 43015 www.municipalcourt.org Judicial Area (740) 203-1501 Criminal/Traffic Division (740) 203-1570 Civil/Small Claims Division (740) 203-1560 Probation Office (740) 203-1525 Fax (740) 203-1599 Serving all of Delaware County Revised January 26, 2010

THE DELAWARE MUNICIPAL COURT

The Honorable David P. Sunderman

The Honorable David M. Gormley

LOCAL RULES OF PRACTICE

JUSTICE CENTER, 70 NORTH UNION STREET, DELAWARE, OHIO 43015

www.municipalcourt.org

Judicial Area (740) 203-1501

Criminal/Traffic Division (740) 203-1570

Civil/Small Claims Division (740) 203-1560

Probation Office (740) 203-1525

Fax (740) 203-1599

Serving all of Delaware County

Revised January 26, 2010

TABLE OF CONTENTS

ADMINISTRATIVE RULES ........................................................ -4-

1.00 SCOPE AND EFFECTIVE DATE.......................................... -1-

2.00 COURT SESSIONS...................................................... -1-

3.00 MAGISTRATE AND ACTING JUDGES .................................... -1-

4.00 CLERK OF COURT..................................................... -2-

5.00 COURT COSTS/FILING FEES ............................................ -2-

5A. COLLECTION OF DELINQUENT FINES AND COURT COSTS AND WARRANT BLOCKS . . -2-

5B. WARRANT BLOCKS PER R. C. § 4507.091 . . . . . . . . . . . . . . . . . . . . . . . . . . . -2-

6.00 COURT REPORTER/RECORDING OF ALL PROCEEDINGS . . . . . . . . . . . . . . . . . . -3-

7.00 FORM ENTRIES AND ABBREVIATIONS .................................. -3-

7A. ASSIGNMENT OF JUDGES......................................... -3-

A. ALL CASES ................................................. -3-

B. CIVIL CASES ............................................... -4-

C. CRIMINAL CASES AND TRAFFIC CASES . . . . . . . . . . . . . . . . . . . . . . -4-

D. UNASSIGNED CASES........................................ -4-

E. TRANSFER OF CASES ....................................... -4-

CRIMINAL/TRAFFIC DIVISION .................................................... -4-

8.00 DUTIES OF COUNSEL/PROSECUTION .................................... -4-

Designation of Trial Counsel ............................................. -4-

Withdrawal of Counsel ................................................. -4-

Traffic/Criminal Filings ................................................. -4-

Use of electronically produced tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-

Arresting Officer Duties; Statements/Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5-

Written "Not Guilty Pleas"............................................... -5-

Continuances ......................................................... -5-

Motions Practice ...................................................... -6-

Discovery ............................................................ -6-

Trials to Court-Scheduling............................................... -7-

Pretrial Procedure...................................................... -7-

Jury Trial ............................................................ -7-

Views ............................................................... -7-

Pleas ................................................................ -7-

Traffic Safety Program.................................................. -8-

Supplemental Arraignments.............................................. -8-

9.00 VIOLATIONS BUREAU ................................................. -8-

10.00 CRIMINAL/TRAFFIC DIVISION CASE MANAGEMENT . . . . . . . . . . . . . . . . . . . . -8-

Purpose.............................................................. -8-

Clerical Steps ......................................................... -8-

Judicial Steps ......................................................... -9-

Motions ....................................................... -9-

Court Trials .................................................... -9-

Pre-trials/Jury Trials.............................................. -9-

Revised January 26, 2010

-ii-

Sentencing ..................................................... -9-

11.00 SPECIAL PROCEEDINGS CASE MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . -9-

11A. SPECIALIZED MENTAL HEALTH DOCKET . . . . . . . . . . . . . . . . . . . . . . . . . -9-

A. CREATION OF SPECIALIZED DOCKET . . . . . . . . . . . . . . . . . . . . . -9-

B. ELIGIBILITY FOR ADMISSION TO MENTAL HEALTH DOCKET . . . . . -9-

C. REFERRAL TO MENTAL HEALTH DOCKET . . . . . . . . . . . . . . . . -10-

D. SCREENING AND ASSESSMENT.......................... -10-

E. ADMISSION TO THE DOCKET ............................ -11-

F. DOCKET ASSIGNMENT.................................. -11-

11B. FIRST-OFFENDER DIVERSION PROGRAM FOR ALCOHOL-RELATED

OFFENSES AND CERTAIN DRUG-RELATED OFFENSES . . . . . . . . . . . -11-

A. PURPOSE .............................................. -11-

B. ELIGIBILITY............................................ -12-

C. ADMISSION TO THE PROGRAM .......................... -12-

D. INITIAL REQUIREMENTS ................................ -12-

E. ADDITIONAL STEPS DURING THE PROGRAM . . . . . . . . . . . . . -13-

F. ENFORCEMENT OF THE SENTENCE OR DISMISSAL AFTER THE

90 DAYS HAVE RUN .................................... -13-

CIVIL DIVISION................................................................. -13-

12.00 DUTIES OF COUNSEL................................................ -13-

Designation of Trial Counsel ............................................ -13-

Withdrawal of Counsel ................................................ -13-

Continuances ........................................................ -14-

Motions Practice ..................................................... -14-

Status Hearing ....................................................... -14-

Pretrial procedure..................................................... -15-

Appearance.......................................................... -15-

Statements .......................................................... -15-

Discovery ........................................................... -15-

Pretrial Order ........................................................ -15-

Exhibits ............................................................ -15-

Preliminary Conference ................................................ -16-

Jury Trial ........................................................... -16-

Views .............................................................. -16-

13.00 TRIAL BRIEFS AND JURY INSTRUCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -16-

14.00 DEFAULT JUDGMENT ............................................... -16-

15.00 FORCIBLE ENTRY AND DETAINER ACTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . -16-

Appearance.......................................................... -16-

Proceedings ......................................................... -16-

Trial by Jury ........................................................ -17-

Praecipe for Writ of Restitution.......................................... -17-

Writ of Restitution .................................................... -17-

Set-out Procedure..................................................... -17-

16.00 BMV PETITIONS .................................................... -17-

Revised January 26, 2010

-iii-

17.00 DISMISSAL FOR FAILURE TO PROSECUTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -17-

18.00 CIVIL CASE MANAGEMENT .......................................... -17-

Purpose............................................................. -17-

Clerical Steps ........................................................ -17-

Complaint..................................................... -17-

Summons ..................................................... -17-

Service ....................................................... -17-

Failure of Service............................................... -18-

Responsive Pleading ............................................ -18-

Administrative Dismissal......................................... -18-

Motions ...................................................... -18-

Judicial Steps ........................................................ -18-

Status Hearing ................................................. -18-

Motions ...................................................... -18-

Pretrials ...................................................... -18-

Court Trials/Jury Trials .......................................... -18-

19.00 FORCIBLE ENTRY & DETAINER CASE MANAGEMENT . . . . . . . . . . . . . . . . . . -18-

Hearing............................................................. -18-

Approval of Magistrate Report .......................................... -19-

Answer/Jury Demand.................................................. -19-

20.00 SPECIAL PROCEEDINGS CASE MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . -19-

20A. MEDIATION OF CIVIL CASES .................................. -19-

A. SCOPE OF RULE ........................................ -19-

B. MEDIATION PROCEDURE IN THE GENERAL CIVIL DIVISION OF

MUNICIPAL COURT..................................... -19-

1. Referral .......................................... -19-

2. Mediator Selection and Assignment . . . . . . . . . . . . . . . . . . . . -19-

3. Procedure ......................................... -19-

4. Continuances ...................................... -20-

5. Mediation Case Summary ............................ -20-

C. MEDIATION PROCEDURE IN SMALL CLAIMS DIVISION OF

MUNICIPAL COURT..................................... -20-

D. MANDATORY REPORTING OF DOMESTIC VIOLENCE . . . . . . -20-

E. PROCEDURES .......................................... -21-

F. ALL CIVIL CASES ....................................... -21-

G. CONFIDENTIALITY/PRIVILEGE . . . . . . . . . . . . . . . . . . . . . . . . . . -21-

H. MEDIATOR CONFLICTS OF INTEREST . . . . . . . . . . . . . . . . . . . . -22-

I. CONCLUSION OF MEDIATION ........................... -22-

J. ROSTER OF QUALIFIED MEDIATORS . . . . . . . . . . . . . . . . . . . . . -22-

SMALL CLAIMS DIVISION ....................................................... -22-

21.00 AUTHORITY ........................................................ -22-

22.00 PURPOSE........................................................... -22-

Types of Cases ....................................................... -23-

23.00 JURISDICTION ...................................................... -23-

Revised January 26, 2010

-iv-

Territorial ........................................................... -23-

Monetary ........................................................... -23-

24.00 DUTIES OF COUNSEL/PARTIES AND COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . -23-

Filing of Complaint ................................................... -23-

Failure of Service on Defendants......................................... -23-

Conciliation Conferences............................................... -23-

Counter-claims....................................................... -24-

Contested Hearings ................................................... -24-

25.00 TRANSFER TO CIVIL DIVISION ....................................... -24-

26.00 SMALL CLAIMS CASE MANAGEMENT ................................ -24-

TRUSTEESHIPS ................................................................. -24-

27.00 AUTHORITY ........................................................ -24-

28.00 DUTIES OF APPLICANT-DEBTOR, CREDITOR, AND COURT . . . . . . . . . . . . . . -24-

29.00 JURY MANAGEMENT PLAN .......................................... -26-

INTRODUCTION .................................................... -26-

ADMINISTRATION OF THE JURY SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . -26-

OPPORTUNITY FOR SERVICE ........................................ -27-

ELIGIBILITY FOR JURY SERVICE ..................................... -27-

JUROR USE ........................................................ -27-

JURY SIZE AND UNANIMITY OF VERDICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . -27-

JURY FACILITIES ................................................... -27-

JUROR COMPENSATION............................................. -28-

PROCEDURE FOR JUROR SELECTION................................. -28-

NOTIFICATION OF SELECTION FOR JURY SERVICE . . . . . . . . . . . . . . . . . . . . -28-

SUMMONING OF PROSPECTIVE JURORS .............................. -29-

MONITORING PROSPECTIVE JURORS WHO FAIL TO RESPOND OR APPEAR .... -29-

EXCUSE OR DEFERRAL ............................................. -30-

JUROR ORIENTATION............................................... -30-

VOIR DIRE ......................................................... -31-

REMOVAL FROM THE JURY PANEL FOR CAUSE . . . . . . . . . . . . . . . . . . . . . . . -32-

PEREMPTORY CHALLENGES ........................................ -32-

INSTRUCTIONS BY THE TRIAL JUDGE ................................ -32-

JURY DELIBERATION ............................................... -33-

DISMISSAL OF THE JURY............................................ -33-

COMPLETION OF SERVICE .......................................... -33-

CONCLUSION ...................................................... -33-

30.00 RENT ESCROW ..................................................... -34-

Scope .............................................................. -34-

Procedure ........................................................... -34-

Filing fees........................................................... -34-

Complaints .......................................................... -34-

Answers and counter-claims ............................................ -34-

Partial release of rent .................................................. -35-

Continuances ........................................................ -35-

Revised January 26, 2010

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31.00 SECURITY OPERATIONS MANUAL.................................... -35-

COURT RECORDS MANAGEMENT AND RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -35-

32.00 GENERAL GUIDELINES ............................................. -35-

32.01 Applicability................................................... -35-

32.02 Definitions .................................................... -35-

32.03 Combine records ............................................... -36-

32.04 Allowable record media.......................................... -36-

32.05 Destruction of records ........................................... -37-

32.06 Exhibits, depositions, and transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -37-

32.07 Extension of retention period for individual case files . . . . . . . . . . . . . . . . . . -38-

33.00 RETENTION SCHEDULE FOR ADMINISTRATIVE RECORDS OF THE COURT -38-

33.01 Administrative journal ........................................... -38-

33.02 Annual reports and Auditor reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -38-

33.03 Bank records .................................................. -38-

33.04 Cash books.................................................... -38-

33.05 Communication record........................................... -38-

33.06 Correspondence and general office records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -38-

33.07 Drafts and informal notes......................................... -39-

33.08 Employment applications......................................... -39-

33.09 Employee benefits and leave records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -39-

33.10 Employee history and discipline records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -39-

33.11 Fiscal records .................................................. -39-

33.12 Grant records .................................................. -39-

33.13 Payroll records ................................................. -39-

33.14 Publication received............................................. -39-

33.15 Receipt records................................................. -39-

33.16 Requests for proposals, bids, and resulting contracts . . . . . . . . . . . . . . . . . . . -40-

34.00 RETENTION SCHEDULE FOR THE JUDICIAL RECORDS OF THE COURT . . -40-

34.01 Definitions .................................................... -40-

34.02 Required records ............................................... -40-

34.03 Content of docket............................................... -40-

34.04 Retention schedule for the index, docket, and journal . . . . . . . . . . . . . . . . . . . -41-

34.05 Judge, magistrate, and clerk notes, drafts, and research . . . . . . . . . . . . . . . . . -41-

34.06 Retention schedule for case files ................................... -41-

35.00 FACSIMILE FILING RULE ............................................. -41-

APPLICABILITY .................................................... -42-

ORIGINAL FILING................................................... -42-

DEFINITIONS....................................................... -42-

COVER PAGE....................................................... -43-

SIGNATURE........................................................ -44-

EXHIBITS .......................................................... -44-

TIME OF FILING .................................................... -45-

FEES AND COSTS ................................................... -45-

LENGTH OF DOCUMENT ............................................ -46-

EFFECTIVE DATE................................................... -46-

Revised January 26, 2010

-vi-

APPENDIX A - FORM ENTRIES AND ABBREVIATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -47-

APPENDIX B - CRIMINAL/TRAFFIC COURT COST SCHEDULE (REVISED 092308) . . . . . . . . -1-

APPENDIX C - CIVIL DIVISION COURT COST SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1-

APPENDIX D - SUMMONS ........................................................ -3-

APPENDIX E - JURY QUESTIONNAIRE ............................................. -1-

APPENDIX F - REQUEST FOR EXCUSE OR DEFERRAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -3-

APPENDIX G - SUMMONS (FAILURE TO RESPOND - NO QUESTIONNAIRE - DATES RESCHEDULED) .... -4-

APPENDIX H - REMINDER LETTER (FAILURE TO APPEAR AS SCHEDULED) . . . . . . . . . . . -5-

APPENDIX I - SUMMONS (FAILURE TO APPEAR - DATES RESCHEDULED) . . . . . . . . . . . . . -6-

APPENDIX J - INFORMATION FOR JURORS ......................................... -1-

APPENDIX K - JUROR’S HANDBOOK............................................... -1-

APPENDIX L - THANK YOU LETTER ............................................... -9-

APPENDIX M - JUROR EXIT SURVEY .............................................. -1-

APPENDIX N - FACSIMILE FILING COVER PAGE .................................... -3-

APPENDIX O - NOTICE OF FILING EXHIBIT ......................................... -4-

APPENDIX P - MOTION/RECOMMENDATION/ENTRY FOR ADMISSION TO MENTAL HEALTH DOCKET . . . . -5-

APPENDIX Q - REFERRAL TO MEDIATION.......................................... -6-

APPENDIX R - MEDIATION SETTLEMENT AND DISMISSAL . . . . . . . . . . . . . . . . . . . . . . . . . . -7-

APPENDIX S - ROSTER OF MEDIATORS ............................................ -8-

Roster of Mediators June 2009 ....................................................... -8-

APPENDIX T - AGREEMENT AND ADMISSION INTO THE MENTAL HEALTH DOCKET . . . -9-

Revised January 26, 2010 -2-

ADMINISTRATIVE RULES

1.00 SCOPE AND EFFECTIVE DATE

These rules are adopted as Local Rules of Court governing practice and procedure in the Delaware

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 "D.M.C. Rule

( )". They are effective as of July 1, 1991 (or as later amended) and shall govern all proceedings filed

subsequent to that date.

2.00 COURT SESSIONS

(A) Generally. The hours for court sessions and for the Clerk of Court's Office are: Monday through Friday,

8:00 o'clock a.m. until 5:00 o'clock p.m. The Court is closed for: New Year’s Day, Martin Luther King,

Jr. Day, Memorial Day, Independence Day, Labor Day, the afternoon of Little Brown Jug Day, Thanksgiving

Day, the day after Thanksgiving Day, the afternoon of Christmas Eve, Christmas Day, and at such times

deemed appropriate by the Administrative Judge.

(B) Special Sessions.

(1) Minor Misdemeanors will be handled on Tuesdays and Thursdays. All other criminal and traffic

violations wherein the penalty exceeds that of a minor misdemeanor will be handled on Mondays,

Wednesdays, and Fridays.

(2) All Driving Under the Influence charges (OVI) and Driving Under Suspension (DUS) charges, with an

Administrative License Suspension (ALS) charge, must be scheduled for arraignment within five days in

order for the court to timely provide a hearing on the ALS. All minor misdemeanors must be scheduled for

arraignment within ten days in order for the court to provide for a speedy trial on contested cases wherein

there is a subsequent demand made for speedy trial.

(3) The court employs the services of a Spanish Interpreter on Fridays only. With the exception of OVI and

DUS cases, with an Administrative License Suspension, all such cases needing the services of a Spanish

Interpreter are to be scheduled on a Friday, regardless of the degree of misdemeanor. If a Friday arraignment

falls outside of five days, then it will be necessary to schedule the arraignment date within five days and the

court will make the necessary provisions to either have a Spanish Interpreter present or continue the

Arraignment to the next available date.

(4) FED actions will generally be heard Thursdays at 10:30 a.m.

(5) Small claims actions will generally be heard at 1:30 p.m. and 3:30 p.m. on Thursdays.

3.00 MAGISTRATE AND ACTING JUDGES

The Magistrate shall be appointed by the presiding Judge and will have all the authority and power set forth

in the Rules of Procedure and Statutes. The Magistrate will hear all matters referred to him or her by the

Administrative Judge.

Revised January 26, 2010 -1-

Acting Judges shall be appointed pursuant to Section 1901.10 O.R.C. and shall serve at all times when the

incumbent Judge is temporarily absent or incapacitated.

4.00 CLERK OF COURT

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.

1. The Clerk shall permit any person to make a copy of any papers filed, but original papers filed in any

case shall not be removed from the office without prior authority of the Clerk.

2. 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 Section 1925 of the Ohio Revised Code.

3. 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 trial date.

5.00 COURT COSTS/FILING FEES

Costs shall be determined from time to time by the Administrative Judge as appended to these Rules. (See

Appendix B and Appendix C)

5A. COLLECTION OF DELINQUENT FINES AND COURT COSTS AND WARRANT BLOCKS

A. THIRD PARTY COLLECTION SERVICES AUTHORIZED

1. The clerk of the court is hereby authorized to contract with an outside service provider for the

collection of delinquent fines and court costs. Court costs shall be assessed in such cases in an

amount equal to the actual cost of collection, up to, but not in excess of, thirty percent of the amount

actually recovered (not including the collection costs). Local Rule 5, Appendix B is modified

accordingly.

2. Files shall be referred to the service provider only after the payment of the sum due is delinquent.

Costs for collection shall be assessed upon referral of the matter to the service provider. The total

sum due for fines and costs shall be recovered by the service provider. If the service provider ceases

collection efforts and returns the file to the clerk, collection costs herein shall be remitted.

5B. WARRANT BLOCKS PER R. C. § 4507.091

1. Pursuant to R. C. § 4507.091 the clerk of the court shall send to the registrar of motor vehicles a

report containing the name, address, and such other information as the registrar may require by rule,

of each person for whom an arrest warrant has been ordered by the court and issued for failure to

appear or comply and is outstanding for the purpose of blocking issuance of any type of driver

license pending execution of the warrant as authorized by said statute. Unless otherwise directed,

where the sum due in a case is less than $100.00, the clerk may delay issuance of a warrant ordered

Revised January 26, 2010 -2-

to allow a reasonable period for the block to be effective.

2. The clerk immediately shall notify the registrar when a warrant so reported has been executed and

returned to the issuing court or has been canceled. Further, the clerk shall collect and transmit to the

registrar all processing fees as provided by law.

3. For warrants issued prior to the effective date hereof, the clerk shall issue reports to the registrar as

resources permit. For warrants issued after the effective date hereof, reports shall be timely issued

following issuance of the warrant.

6.00 COURT REPORTER/RECORDING OF ALL PROCEEDINGS

All proceedings shall be recorded by audio or video 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.

Parties appealing a decision of the trial court shall file a praecipe advising the court what portion(s) of the

record they wish transcribed. The court, once a fee is paid, will provide a videotape to the attorney or party

as the certified transcript of the proceeding.

If the party wishes a typewritten transcript then payment arrangements can be made with a court reporter

who will then certify the typewritten transcript.

All audio and video tapes will be maintained on file for a period of one (1) year. These tapes will be

recycled and reused after one (1) year unless there is an appeal pending.

7.00 FORM ENTRIES AND ABBREVIATIONS

The Court adopts abbreviations and/or symbols that may be used in entries as follows: (See Appendix A)

The Court adopts special identifiers that will be used in cases with multiple counts or charges as follows:

(See Appendix A)

7A. ASSIGNMENT OF JUDGES

A. ALL CASES

Except as otherwise provided, all cases shall be assigned to a judge by a random selection process

approved by the Court in conformity with Rule 36 of the Rules of Superintendence for the Courts of Ohio.

B. CIVIL CASES

Civil Cases shall be assigned upon the filing of a complaint. If a civil case is dismissed other than

on the merits and a new case is subsequently re-filed involving substantially the same parties or issues, the

new case shall be assigned to the judge to whom the first case was assigned.

C. CRIMINAL CASES AND TRAFFIC CASES

Revised January 26, 2010 -3-

Criminal and traffic cases shall be assigned upon entry of a not guilty plea.

D. UNASSIGNED CASES

Matters that arise in unassigned cases and cases not subject to assignment shall be referred to the

Administrative Judge.

E. TRANSFER OF CASES

Cases assigned to different judges and which involve the same or substantially similar parties may

not be transferred without the written approval of each judge. In the interest of justice, one judge may seek

a transfer of a case or cases to another judge.

CRIMINAL/TRAFFIC DIVISION

8.00 DUTIES OF COUNSEL/PROSECUTION

(a)

(b)

(c)

Designation of Trial Counsel: Attorneys and not parties will designate their capacity as trial

counsel on all documents in criminal-traffic cases and shall include their office address, zip code,

and telephone number. Prosecutors shall enter their appearance in writing no later than five (5) days

after receipt of the initial notice of hearing. Normally, a law firm should not be named as trial

attorney. However, substitution of counsel within the same law firm at hearings is authorized with

prior approval of the Assigned Judge or Magistrate. Also, the attorney's Supreme Court registration

number shall be included on all documents filed. For purposes of this rule, "attorneys" includes

"prosecutors" and "law firms" includes "Prosecutor's Office".

Withdrawal of Counsel: Counsel shall be allowed to withdraw from trial counsel responsibility

with the consent of the assigned Judge. No such application will be considered unless a written entry

or motion is presented stating the reasons for the application, certificate of service on opposing

counsel and/or client and time and date of trial, if set. Withdrawal of counsel will not be approved

if application is not made prior to five (5) working days of the trial date except for good cause

shown. Approved withdrawal entries will be mailed immediately by the withdrawing counsel to

his/her client's last known address.

Traffic/Criminal Filings: With the exception of traffic citations, minor misdemeanor citations,

and those complaints where the officer observed the offense take place, no criminal misdemeanor

complaints shall be accepted for filing by the Clerk of Court until and unless the Prosecutor's Office

has first approved the filing of the complaint. Prosecutors shall be present at all arraignments and

available at the court each day to review the investigative reports and meet with law enforcement

agencies wishing to file a complaint with the court.

1. Use of electronically produced tickets

The use and filing of a ticket that is produced by computer or other electronic means is

hereby authorized in the Delaware Municipal Court. The electronically produced ticket shall

conform in all substantive respects to the Ohio Uniform Traffic Ticket. If an electronically

Revised January 26, 2010 -4-

produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide

the defendant with a paper copy of the ticket in accordance with Traffic Rule 3(E).

(d)

Arresting Officer Duties; Statements/Reports: All law enforcement agencies shall leave a copy

of their complete report including accident reports on OVI'S with the Prosecutor's Office within

twenty-four (24) hours of the arrest.

For all cases where the offender is incarcerated, the complete report, record check and

recommendations on bond shall be left with the Court upon filing the complaint.

For those cases where a "not guilty" plea is entered at arraignment, a complete copy of the police

report and accident report shall be left with the Prosecutor. Otherwise, all materials set forth in

Criminal R. 16, in possession of the arresting agency shall be provided to the Prosecuting Attorney's

Office within five (5) days of receipt of the trial notice by the arresting officer. Failure to provide

this information to the Prosecuting Attorney may be cause for dismissal of the charges.

(e)

Written "Not Guilty Pleas": "Not Guilty Pleas" may be entered prior to the date of arraignment.

If the written plea is entered, neither counsel nor the defendant need appear at the arraignment. All

telephone pleas must be followed by a written plea to be effective.

When filing written "Not Guilty Pleas" on multiple charges, it is counsel's duty to insure that a plea

form is signed and completed and file stamped for each offense (incident) and to notify the clerk of

the number of charges. If the plea form does not contain a case number, the following information

shall be provided in the caption of the form:

(1) Ticket number, if any;

(2) Nature of offense(s);

(3) Code number of offense(s);

(4) Date of offense(s);

(5) Date of arraignment(s).

(f)

Continuances: Every request for a continuance shall be by written motion and will only be granted

upon showing of good cause. All requests shall be served on the opposing counsel or the opposing

party. The motion shall set forth the date from which a continuance is requested and reasons for the

continuance. If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the

notice attached to the motion. A separate entry shall accompany the motion with blanks for the new

trial time and date, and if agreed to by opposing counsel. No request for continuance will be

considered if made less than seven (7) days before trial except for circumstances which by

reasonable diligence could not be determined seven (7) or more days prior to trial. It is suggested

that counsel provide available dates to the Assignment Administrator.

When a continuance is requested for the reason that counsel is scheduled to appear in another case

assigned for trial on the same date in the same or another trial court of this state, the case which was

set first for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned

for trial have priority over civil cases. The granting of any other request for continuance of a

scheduled trial is a matter within the discretion of the trial court.

Revised January 26, 2010 -5-

If a designated trial attorney has such a number of cases assigned for trial in courts of this state so

as to cause undue delay in the disposition of such cases, the Administrative Judge may require the

trial attorney to provide a substitute trial attorney. If the trial attorney was appointed by the court,

the court shall appoint a substitute trial attorney.

(g)

Motions Practice: All motions, except those normally made at the trial, shall be in writing, served

on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal

Procedure. Motions will be supported by Memoranda of Law containing applicable statutory and

case law citations. (Copies of significant decisions shall be attached to the original filing only.)

Unless the following statement appears prominently upon the first page of the motion, no oral

hearing will be allowed: "Counsel Requests an Oral Hearing of Approximately ________ Minutes

at Which Time _____ Witness(es) will be Called."

A date and time for oral hearings on motions must be obtained from the Assignment Administrator.

Parties wishing to respond in writing to such motions shall do so no later than the fourteenth day

following service of the motion or three (3) days prior to the oral hearing date, if an oral hearing has

been requested. In Motions to Suppress, the grounds must be stated with particularity and the items

of evidence in question shall be specified. Any motions filed which are not in compliance with this

rule shall be summarily overruled. All motions where an oral hearing is not required, shall be

accompanied by a separate proposed entry.

(h)

(I)

Discovery: Failure by the investigating officer to provide a discovery packet to the Prosecutor

within five (5) days of the date of the notice will result in a dismissal of the charges. Failure by the

Prosecutor to provide complete discovery within fifteen (15) days of the demand or by the pretrial,

whichever is later, shall be cause for dismissal by the court, unless good cause is shown. Failure to

demand discovery in a timely way will not be cause for a continuance. The defense shall provide

reciprocal discovery within ten (10) days of the receipt of discovery from the Prosecutor or at the

date of pretrial, whichever is later.

Trials to Court-Scheduling: Whereas, one-half hour is normally set aside for a minor misdemeanor

Trial to Court where the defendant is not represented and more time is necessary when the defendant

is represented, it is counsel's duty when representing a defendant in a Trial to Court, to enter an

appearance as soon as possible in order for the Assignment Administrator to schedule adequate time

for trial. Counsel shall notify the Assignment Administrator if a lengthy trial is anticipated.

If no Entry of Appearance is made seven (7) days before trial, then it shall be considered good cause

for the Court to continue the trial to a date where suitable time exists for a more lengthy trial.

The period of time in which the accused shall be brought to trial pursuant to Section 2945.71 of the

Ohio Revised Code shall be considered extended by the defendant pursuant to Section

2945.72(E)(H) of the Ohio Revised Code.

(j)

Pretrial Procedure: No case, with the exception of minor misdemeanor cases or third and fourth

degree misdemeanors where a speedy trial has not been waived or where a trial to court was initially

scheduled, shall be called for trial unless a pretrial conference has been held. All pretrial hearings

shall be conducted in the presence of a Magistrate or Judge, whenever possible. DEFENDANT'S

Revised January 26, 2010 -6-

PRESENCE IS REQUIRED.

The pretrial conference shall be conducted in accordance with Criminal Rule 17.1 and a

memorandum of the matters agreed upon shall be filed in said case.

(k)

Jury Trial: Whereas, Delaware County is a rural county and jurors are summoned for a particular

day on particular cases; when a jury trial has been requested, it is the duty of the trial counsel

demanding trial by jury to notify the Assignment Administrator at least seven (7) days prior to the

trial date if the jury is to be waived or the case has been settled. Failure to waive the jury trial in

writing at least seven (7) days prior to trial and a plea of guilty or no contest is entered to an original

charge, jury fees will be taxed to the defendant.

Upon conviction after a jury trial in a Criminal/Traffic case, jury fees in the appropriate sums as set

forth on the cost schedule will be taxed as court costs.

The Assignment Administrator shall prepare a list of jury cases in the order in which they will be

called for trial, seven (7) days in advance of the date scheduled for jury trial. This list will be posted

in the Assignment Administrator's Office. When cases are settled or when a jury is waived, the case

will be crossed off as counsel notify the Court.

(l)

(m)

Views: A request for a view by the Judge or Jury shall be made at the time of the pretrial

conference. It is within the discretion of the Judge whether or not to permit a view.

Pleas: Negotiated pleas shall be accepted no later than ten (10) days following the date of the

pretrial conference or ten (10) days prior to trial, whichever is earlier. No negotiated pleas will be

accepted on the morning scheduled for jury trial unless justice so requires. The time limits in

Criminal Rule 12(c) shall be strictly enforced on all motions filed.

No request for the diversion program shall be accepted after the initial scheduled date of the pre-trial

conference.

(n)

Traffic Safety Program: The application for the Traffic Safety Program may be filed in the Clerk's

Office any time prior to or at the time of arraignment, or up to seven (7) days after arraignment. The

application must be accompanied by the appropriate waiver(s) and a signed waiver form. The Traffic

Safety Program shall be available, one time only, to those defendants charged with a waiverable

violation.

Upon receipt of the completed application, the waiver, and the waiver fee(s) the case will be

continued for a sixty-day (60) period or until the Court receives the Certificate of Completion of the

Defensive Driving Course, whichever comes first. If the Court receives the Certificate of

Completion within the sixty-day (60) period, the case shall be dismissed by the Court. If the Court

does not receive the Certificate of Completion within the sixty-day (60) period, the Court shall

accept the Defendant's guilty or no contest plea and the defendant will be found guilty.

(o)

Supplemental Arraignments: Pursuant to Traffic Rule 12, R.C. 2945.12 and R.C. 2938.12, there

shall be permitted a plea in abstentia which shall be called a “Supplemental Arraignment”. The

Revised January 26, 2010 -7-

procedure shall be strictly governed by guidelines promulgated by the Judge. These guidelines are

available from the Clerk of Court and are subject to change from time to time.

9.00 VIOLATIONS BUREAU

A Traffic Violations Bureau is hereby established in accordance with Ohio Traffic Rule 13, with authority

to process and dispose of those traffic offenses for which no court appearance is required by law or in the

discretion of the arresting officer. In accordance with the Ohio Rules of Criminal Procedure Rule 4.1, there

is hereby established a Minor Misdemeanor Violations Bureau, with authority to process and dispose of

minor misdemeanors for which no court appearance is required either at the discretion of the arresting

officer or the Court. A schedule of fines has been adopted and is posted in the Clerk's Office.

10.00 CRIMINAL/TRAFFIC DIVISION CASE MANAGEMENT

(a)

(b)

Purpose: The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a system for

criminal/traffic case management which will provide the fair and impartial administration of

criminal/traffic cases. These rules shall be construed and applied to eliminate unnecessary delay.

Clerical Steps:

(1) The clerk shall process all complaints filed for purposes of arraignment. All cases filed will

be tracked by event in accordance with the Supreme Court reporting requirements utilizing

the worksheet provided by the Ohio Supreme Court.

(2) Upon the filing of a not guilty plea (written or verbal) the clerk shall immediately forward

the case to the Assignment Administrator for scheduling.

(3) Upon the filing of a motion the clerk shall immediately forward the motion and case file to

the office of the Assigned Judge for review.

(c)

Judicial Steps:

(1) Motions: All motions not heard or decided prior to trial will be disposed of at trial.

(2) Court Trials: In all cases where a jury has not been demanded a court trial shall be

scheduled by the Assignment Administrator to be heard within twenty-eight (28) days.

(3) Pretrials/Jury Trials: In all cases where a jury demand has been filed, a pretrial shall be

scheduled by the Assignment Administrator to be heard within thirty-five (35) days of the

filing of the not guilty plea and the jury trial shall be scheduled to be heard within twentyeight

(28) days of the pretrial conference. (EXCEPTION: Third and Fourth Degree

misdemeanors will be set for jury trial immediately if a speedy trial has been demanded.)

(4) Sentencing: Upon a finding of guilty, sentencing shall occur immediately unless the court

orders a pre-sentence investigation. In cases where a pre-sentence investigation is ordered,

the Assignment Administrator shall schedule a final disposition hearing to be heard within

Revised January 26, 2010 -8-

thirty-five (35) days.

11.00 SPECIAL PROCEEDINGS CASE MANAGEMENT

The purpose of this rule is to establish a case management system for special proceedings to achieve a

prompt and fair disposition of these matters. Examples of special proceedings would include contempt

hearings, preliminary hearings, extradition hearings, and bond hearings.

Cases that have time limits established by the Ohio Revised Code or the Ohio Rules of Criminal Procedure

shall be set for hearing within those limits. In all other special proceedings, the case shall be set for hearing

within a reasonable time not to exceed ninety (90) days.

11A. SPECIALIZED MENTAL HEALTH DOCKET

A. CREATION OF SPECIALIZED DOCKET

Recognizing that the mentally ill offender poses special challenges to the criminal justice system,

the Court has created the Mental Health Docket, a problem-solving program, offering intense supervision

and treatment intended to protect the community by reducing recidivism and improving the quality of life

for offenders with mental health disorders.

B. ELIGIBILITY FOR ADMISSION TO MENTAL HEALTH DOCKET

1. The Mental Health Docket is a program for individuals charged with misdemeanors who

have been diagnosed with certain mental disorders that are amenable to treatment.

Individuals must meet the following criteria to be admitted to the docket:

a. The offender is charged with a misdemeanor that carries with it the possibility of a

jail sentence and the charge is not an OVI charge;

b. The offender may not have a pending felony;

c. The offender understands and appreciates the consequences of the legal proceedings;

d. The offender does not have current sex offender status;

e. The offender has legal counsel;

f. The offender is a resident of Delaware County;

g. The offender has a primary mental health diagnosis of a DSM-IV, Axis I disorder,

which was a factor in the behavior that resulted in the pending charge(s);

h. The offender is appropriate for care available in the community and is receptive to

behavioral health treatment; and

Revised January 26, 2010 -9-

I. The offender does not pose a risk of harm to the staff of the Court, the providers, or

other agencies working with the Mental Health Docket.

2. The victim notification provision of Revised Code Chapter 2930 shall be followed where

applicable.

C. REFERRAL TO MENTAL HEALTH DOCKET

Any judicial officer, jail personnel, defense counsel, prosecuting attorney, treatment or other

community provider, law enforcement personnel, probation officer, or medical provider may make a referral

in any form to the Mental Health Docket Coordinator (“Docket Coordinator”). The Court as a condition of

bond may order a defendant to submit to screening for admission to the program.

D. SCREENING AND ASSESSMENT

1. The Docket Coordinator shall be a professional clinical counselor, professional counselor,

social worker, independent social worker, marriage and family therapist or independent

marriage and family therapist, or registered under Chapter 4757 of the Revised Code as a

social work assistant. Pursuant to Revised Code § 2317.02(G)(1), any statement or

communication made during screening and/or assessment is privileged. To preserve the

privilege, screening and assessment shall be performed in a confidential setting that excludes

all persons, including legal counsel, not essential for an accurate mental health assessment.

2. The Docket Coordinator will screen defendants for eligibility for admission. If screening

indicates the defendant is otherwise eligible and an appropriate candidate for admission to

the docket, the Docket Coordinator will refer the defendant to an appropriate agency or

mental health professional for mental health assessment. Upon receipt of the assessment and

upon consideration of all applicable criteria and circumstances, the Docket Coordinator shall

determine whether to recommend the defendant for admission to the docket.

E. ADMISSION TO THE DOCKET

1. Admission to the program is made only as a condition of probation.

2. If the Docket Coordinator has made a recommendation for admission, defense counsel may

file a motion for voluntary admission. The motion must include the Docket Coordinator’s

signed recommendation for admission. Absent good cause shown, a motion for admission

shall be filed before pretrial.

3. The assigned judge may refer the matter at any time in the proceedings to the Mental Health

Docket Coordinator for consideration for admission to the program.

4. The prosecutor and defendant may enter a plea agreement, including agreement for

withdrawal of plea and dismissal of the charge(s) upon successful completion of the

program. Said plea may be entered on condition of admission to the program and withdrawn

if the defendant is not admitted to the program.

Revised January 26, 2010 -10-

5. Application for admission to the Docket shall be made on forms prescribed or approved by

the court. Approved forms shall be available for general use in electronic and paper form.

F. DOCKET ASSIGNMENT

Cases shall remain on the regular docket of the originally assigned judge unless and until a defendant

is admitted to the Mental Health Docket. Once admitted, a defendant shall be permanently assigned to the

judge overseeing the Mental Health Docket regardless of the outcome of the participation in the program.

11B. FIRST-OFFENDER DIVERSION PROGRAM FOR ALCOHOL-RELATED OFFENSES

AND CERTAIN DRUG-RELATED OFFENSES

A. PURPOSE

The Court’s pre-trial diversion program is intended to provide a short period of supervision and

education to those persons who (1) have been charged with any of several alcohol-related misdemeanor

offenses or certain drug-related offenses that are minor misdemeanors or fourth-degree misdemeanors and

(2) are willing to accept responsibility for their misconduct. The program is aimed at first-time offenders.

Those who successfully complete the program will not have a criminal conviction on their records. The goal

of the diversion program is to encourage first-time offenders to learn from their mistakes, and to discourage

them from further misconduct in the community.

B. ELIGIBILITY

The program is open to first-time offenders (persons who have not already participated in the

diversion program and who have not been convicted as an adult in this or other courts for any other criminal

activity or any alcohol-related traffic offenses) whose pending charges are limited to any or all of the

following: (1) misdemeanor violations of Chapter 4301 of the Revised Code (regulating the sale, possession,

and consumption of alcohol) or comparable municipal ordinances, (2) minor misdemeanor violations of R.C.

2925.11(A) and 2925.11(C)(3)(a) (barring the possession or use of less than 100 grams or marijuana) or

comparable municipal ordinances, or (3) fourth-degree misdemeanor violations of R.C. 2925.14(C)(1)

(barring the use or possession of drug paraphernalia) or comparable municipal ordinances.

C. ADMISSION TO THE PROGRAM

If the prosecutor (1) confirms that a defendant is eligible for the program and (2) recommends that

the defendant participate in it, the Court will then ask the defendant if he or she wishes to participate in the

program. Before making the recommendation, the prosecutor must consult any victim of the alleged

crime(s) and must consider any victim’s views. Admission to the program is not automatic, and the assigned

judge retains the discretion to reject the proposed participation of any given defendant.

D. INITIAL REQUIREMENTS

If the prosecutor recommends that the defendant participate in the diversion program, if the defendant

wishes to do so, and if the assigned judge approves the defendant’s participation, the defendant must–at an

arraignment or a pretrial hearing–do all of the following:

Revised January 26, 2010 -11-

1. Waive, in writing, his or her right to a trial and–if not represented by an attorney–the right

to be represented by an attorney;

2. Agree, in writing, to pay a $150.00 fee for supervision services associated with the diversion

program as well as any other court costs for the case; and

3. Enter a guilty plea to the charge or charges.

When the defendant enters a guilty plea, the prosecutor will agree at the same time that the defendant

may withdraw that plea in 90 days if the defendant completes all of the requirements of the diversion

program.

The Court will then find the defendant guilty and will impose on the defendant an appropriate

sentence for the charge or charges. Enforcement of that sentence will be stayed for 90 days.

E. ADDITIONAL STEPS DURING THE PROGRAM

Within 90 days after entering the plea, the defendant must:

1. (A) Complete an alcohol-education or drug-education class, and (B) attend a treatment

program for alcohol or drug dependency if directed to do so by the Court’s probation

department;

2. Complete 20 hours of community service under the direction of the Court’s probation

department;

3. Report to the probation department as scheduled, and notify the probation department about

any address changes and any events that affect the participant’s ability to complete the

program;

4. Refrain from committing any other criminal offense or any drug-related or alcohol-related

traffic offense while participating in the program;

5. Pay the $150.00 supervision fee, pay the cost of the appropriate drug or alcohol class, pay

the cost of any drug or alcohol assessment, pay the full amount of any restitution owed to any

victims of the offense(s), and pay any court costs associated with the case.

F. ENFORCEMENT OF THE SENTENCE OR DISMISSAL AFTER THE 90 DAYS HAVE

RUN

Once the 90-day period following the defendant’s guilty plea has expired, the Court will either (1)

approve the defendant’s request to withdraw the guilty plea and will dismiss the case against the defendant

if the defendant has complied with the requirements of the program, or (2) enforce the previously suspended

sentence if the defendant has not complied with the requirements of the program.

CIVIL DIVISION

Revised January 26, 2010 -12-

12.00 DUTIES OF COUNSEL

(a)

(b)

(c)

Designation of Trial Counsel: Attorneys and not parties will designate their capacity as trial

counsel on all documents in civil cases and shall include their office address, zip code, and telephone

number. Normally, a law firm should not be named as trial attorney. However, substitution of

counsel within the same law firm at hearings is authorized. Also, the attorney's Supreme Court

registration number shall be included on all documents filed.

Withdrawal of Counsel: Counsel shall be allowed to withdraw from trial counsel responsibility

with the consent of the assigned Judge. No such application will be considered unless a written entry

or motion is presented stating the reasons for the application, certificate of service on opposing

counsel and/or client, and time and date of trial, if set. Withdrawal of counsel will not be approved

if application is not made prior to five (5) working days of the trial date except for good cause

shown. Approved withdrawal entries will be mailed immediately by the withdrawing counsel to

his/her client's last known address.

Continuances: Every request for a continuance shall be by written motion and will only be granted

upon showing of good cause. All requests shall be served on opposing counsel or party. The motion

shall set forth the date from which a continuance is requested, reasons for the continuance and

certificate of service on opposing counsel and/or client. If a prior trial conflict exists, the date of

scheduling shall be stated, with a copy of the notice attached to the motion. A separate entry shall

accompany the motion with blanks for the new trial time and date, and if agreed to by opposing

counsel. No request for continuance will be considered if made less than seven (7) days before trial

except for circumstances which by reasonable diligence could not be determined seven (7) or more

days prior to trial.

When a continuance is requested for the reason that counsel is scheduled to appear in another case

assigned for trial on the same date in the same or another trial court of this state, the case which was

set first for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned

for trial have priority over civil cases. The granting of any other request for continuance of a

scheduled trial is a matter within the discretion of the trial court.

If a designated trial attorney has such a number of cases assigned for trial in courts of this state so

as to cause undue delay in the disposition of such cases, the administrative judge may require the

trial attorney to provide a substitute trial attorney.

(d)

Motions Practice: All motions, except those normally made at trial, shall be in writing, served on

opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil Procedure.

Motions will be supported by Memoranda of Law containing applicable statutory and case law

citations. (Copies of significant decisions shall be attached to the original filing only.) Unless the

following statement appears prominently upon the first page of the motion, no oral hearing will be

allowed: "Counsel Requests an Oral Hearing of Approximately ________ Minutes at Which Time

_____ Witness(es) will be Called."

A date and time for oral hearings on motions must be obtained from the Assignment Administrator.

Revised January 26, 2010 -13-

Parties wishing to respond in writing to such motions shall do so no later than the fourteenth day

following service of the motion or three (3) days prior to the oral hearing date, if an oral hearing has

been requested, whichever is earlier. All motions not heard or decided prior to trial will be disposed

of at trial. All motions where an oral hearing is not required, shall be accompanied by a separate

proposed entry.

(e)

(f)

(g)

Status Hearing: After an answer is filed, the clerk shall immediately forward the case file to the

Assignment Administrator for scheduling of a status hearing. The status hearing shall be conducted

by telephone conference call initiated by Plaintiff's attorney. The purpose of the status hearing is to

set discovery and motion deadlines and narrow issues in dispute so a formal pretrial can be

scheduled.

Pretrial procedure: No case with the exception of FED cases shall be called for trial unless a

pretrial conference has been held. Counsel shall agree on a trial date with the Judge or Assignment

Administrator at the time of the pretrial conference. It shall be the duty of counsel to do the

following at civil pretrial hearings:

Appearance: The counsel who will be trial counsel and who is authorized to act and negotiate on

behalf of the party must be present.

All parties in interest must be present at the pretrial unless such presence is excused by the Trial

Judge. Telephone conferences may be arranged with approval of the Judge.

If the defense is being presented by an insurer, a representative of the casualty company should

attend the pretrial conference and, in that event, it will not be necessary for the defendant to be

personally present.

(h)

Statements: Each counsel shall present to the Court in writing three (3) days before a pretrial

hearing, a statement of the issues involved; whether or not a jury trial previously demanded will now

be waived and if not, the number of jurors demanded; whether the case is one where the issue of

liability should be tried separately with a subsequent trial on the issue of damages, if liability be

found; estimate of trial time; discovery difficulties; exhibits; an itemization of special damages;

witnesses; other matters which it is expected will be involved in the case; and whether a view is

requested.

Counsel will have in their Pretrial Statement a list of all witnesses they expect to call to testify. In

the absence of reasonable notice to opposing counsel to the contrary, only those witnesses listed in

the Pretrial Order will be permitted to testify at the trial. The only exceptions will be witnesses

solely for the purpose of impeachment, rebuttal, or other witnesses permitted to be called upon the

showing of good cause.

All Pretrial Statements must contain certificates of service.

(I)

Discovery: All discovery shall be completed by the date of the pretrial conference, unless good

cause is shown.

Revised January 26, 2010 -14-

(j)

(k)

(l)

(m)

(n)

Pretrial Order: Upon request of either party or the Judge, plaintiff's counsel shall prepare and

tender to opposing counsel for signature a Pretrial Order and the same shall be filed within fourteen

(14) days subsequent to the pretrial and shall control the subsequent course of action unless modified

at the trial to prevent manifest injustice.

Exhibits: Each counsel shall bring to the pretrial conference all exhibits which are expected to be

offered in evidence at the trial. Except for good cause shown, the Court will not permit the

introduction of any exhibits unless they have been listed in the Pretrial Order, with the exception of

exhibits to be used solely for the purpose of impeachment.

Preliminary Conference: Counsel for all parties shall have a preliminary conference before the

pretrial hearing at which time they will inspect exhibits, and arrive at all possible stipulations and

fully explore the question of settlement.

Jury Trial: Whereas, Delaware County is a rural county and jurors are summoned for a particular

day on particular cases; an advance deposit of One Thousand Four Hundred Dollars ($1,400.00) is

required seven (7) days prior to the trial date or the jury is deemed waived. The Court will consider

affidavits of hardship in appropriate circumstances.

Views: A request for a view by the Judge or Jury will be made at the time of the pretrial conference.

It is within the discretion of the Judge whether or not to permit a view.

13.00 TRIAL BRIEFS AND JURY INSTRUCTIONS

Trial Briefs and Jury Instructions shall be filed in the Judge's Office on all jury cases seven (7) days prior

to trial and shall include the text of, and citations of authority for any instructions requested by counsel. If

there is no compliance with this rule, the jury will be deemed waived. Trial Briefs are also required for

non-jury cases when there is a substantial conflict of views as to specific questions of law or when the Judge

so requests.

14.00 DEFAULT JUDGMENT

All Motions for Default Judgment shall be in writing and clearly state the date the complaint was filed, how

service was made, proof of service and answer date. All Motions for Default Judgment shall also contain

a list of all damages supported by documentary or other evidence. A separate proposed entry shall

accompany the motion. An oral hearing may be required at the discretion of the trial Judge or where an

appearance has been made.

15.00 FORCIBLE ENTRY AND DETAINER ACTIONS

(a)

(b)

Appearance: Plaintiff's failure to appear will result in the case being dismissed without prejudice.

Defendant's failure to appear after having been duly served will result in a Writ of Restitution for the

premises.

Proceedings: The Magistrate or Judge may decide at the first hearing both causes of action. If the

defendant appears, the Court shall inquire whether the defendant chooses to contest the second cause

Revised January 26, 2010 -15-

of action. If the defendant responds affirmatively, the Court shall grant leave for response to the

second cause. If the defendant makes a knowing waiver of the right to respond to the second cause,

the Court shall proceed to hear both causes. The Bailiff shall serve upon the plaintiff(s) and

defendant(s), if they appear, a copy of the Judgment Entry and sign the return on the reverse side.

(c)

(d)

(e)

(f)

Trial by Jury will be deemed waived unless demand is made and the appropriate deposit paid

before date of appearance, as set forth on the summons.

Praecipe for Writ of Restitution: The plaintiff shall file with the Clerk a praecipe for a Writ of

Restitution within fifteen (15) days after the date of the judgment, unless the Magistrate or Judge

issues the writ at the time of the hearing.

Writ of Restitution: Upon the receipt of the praecipe or order of the Court, the Clerk shall issue

to the Bailiff a Writ of Restitution for the premises and the Bailiff shall execute the writ within ten

(10) days unless a written motion for stay has been filed.

Set-out Procedure: Should actual, physical eviction of property be required pursuant to a Writ of

Restitution of premises, plaintiff shall arrange for sufficient workers to be present to accomplish the

set out, under the supervision of the Bailiff, subject to the appropriate security deposits.

16.00 BMV PETITIONS

Counsel or a Petitioner who files a complaint appealing a BMV suspension shall attach an affidavit signed

by the petitioner setting forth matters necessary to consider work related driving privileges. As examples

only; home address, employer's business name and address, days and hours, business vehicles, and reasons

for driving during work.

17.00 DISMISSAL FOR FAILURE TO PROSECUTE

Civil cases which have pended for sixty (60) days without any proceedings being taken shall be dismissed

after written notice to counsel of record or to the parties for want of prosecution, unless good cause is shown

to the contrary.

18.00 CIVIL CASE MANAGEMENT

(a)

(b)

Purpose: The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a system for civil

case management which will achieve the prompt and fair disposal of civil cases.

Clerical Steps:

(1) Complaint: The clerk shall process all complaints within seven (7) days for service of

summons. All cases filed will be tracked by event in accordance with the Supreme Court

reporting requirements, utilizing the worksheet provided by the Ohio Supreme Court.

(2) Summons: Summons shall be served in accordance with the Ohio Rules of Civil Procedure.

Revised January 26, 2010 -16-

(3) Service: Upon perfection of service, the clerk shall notify counsel or the party in writing.

If no action is taken within sixty (60) days, the case will be dismissed for want of prosecution

pursuant to D.M.C. Rule 17.00.

(4) Failure of Service: In the event there is a failure of service, the clerk shall notify counsel

immediately in accordance with Rule 4.1 of the Ohio Rules of Civil Procedure. If no action

is taken within sixty (60) days the case will be dismissed for want of prosecution pursuant

to D.M.C. Rule 17.00.

(5) Responsive Pleading: After any responsive pleading is filed, the clerk shall immediately

forward said pleading and file to the Assignment Administrator for scheduling.

(6) Administrative Dismissal: When a file has been marked "settled, hold for entry" and the

entry has not been received within ten (10) days, then the clerk shall notify the party or

counsel that the case will be dismissed unless the entry is received within fourteen (14) days.

If no entry is received, the clerk shall forward the file to the assigned Judge for dismissal

of the case without prejudice.

(7) Motions: Upon the filing of a motion, the clerk shall immediately forward the motion and

case file to the assigned Judge's office for review by the assigned Judge.

(c)

Judicial Steps:

(1) Status Hearing: In all cases where an answer has been filed, a status hearing will be

scheduled by the Assignment Administrator to be heard within forty-five (45) days of

completion of the pleadings.

The status conference and pretrial conference can be combined at the discretion of the

Assigned Judge.

(2) Motions: After review of motions filed, the Assignment Administrator will assign for oral

or non-oral hearing if appropriate or immediately forward said file to the Assigned Judge for

ruling.

(3) Pretrials: At the completion of the status hearing, a pretrial conference shall be scheduled

by the Judge to be heard within fifty-six (56) days of the status conference.

(4) Court Trials/Jury Trials: At the completion of the pretrial hearing, the trial date shall be

scheduled by the Judge to be held within ninety (90) days of the pretrial conference.

19.00 FORCIBLE ENTRY & DETAINER CASE MANAGEMENT

(1) Hearing: All forcible entry and detainer cases shall be set for hearing before the Magistrate or

Judge, pursuant to the time limits set forth in the Ohio Revised Code. The Magistrate or Judge shall,

at the conclusion of the hearing, file a written report within seven (7) days.

Revised January 26, 2010 -17-

(2) Approval of Magistrate Report: The Court shall review the report of the Magistrate and enter the

appropriate Judgment Entry. For purposes of set-out, the Magistrate Report is effective upon filing

unless an objection is immediately filed.

(3) Answer/Jury Demand: If an answer or jury demand is filed in a forcible entry and detainer case,

then the clerk shall forward the file to the Assignment Administrator for scheduling of the

appropriate hearing.

20.00 SPECIAL PROCEEDINGS CASE MANAGEMENT

The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a case management system for special

proceedings to achieve a prompt and fair disposition of these matters. Examples of special proceedings

would include default hearings, rent escrow, replevin, contempt hearings, garnishment hearings, debtor's

exams, and B.M.V. hearings.

Cases that have time limits established by the Ohio Revised Code or the Ohio Rules of Civil Procedure shall

be set for hearing within those time limits. In all other special proceedings, the case shall be set for hearing

within a reasonable time not to exceed ninety (90) days.

20A. MEDIATION OF CIVIL CASES

This rule incorporates by reference Chapter 2710 of the Ohio Revised Code, the Uniform Mediation

Act (UMA), and Rule 16 of the Rules of Superintendence for the Courts of Ohio, as well as any future

amendments to those provisions.

A. SCOPE OF RULE

Except by leave of court for good cause shown, all civil matters filed in either the Small Claims or

General divisions after the effective date of this rule shall be referred to mediation as provided herein.

B. MEDIATION PROCEDURE IN THE GENERAL CIVIL DIVISION OF MUNICIPAL

COURT

1. Referral

Upon the answer of the defendant in any action in the General Civil Division, the Court shall refer

disputed issues to mediation through an entry which shall, at the minimum, indicate the date by which

mediation must take place and the contact information for the mediator(s).

2. Mediator Selection and Assignment

The parties shall select a mediator from the court roster and inform the Court of their selection in

writing as directed. In the event that the parties fail to select a mediator in a timely manner, then the Court

shall assign a mediator to the case from the Court’s roster of approved mediators.

3. Procedure

Revised January 26, 2010 -18-

The parties shall schedule mediation to be completed within the time frame set by the Court. The

mediator shall have discretion to meet with the parties and schedule mediation sessions as necessary to

promote the resolution of the issues in part or in their entirety.

4. Continuances

Mediation sessions may be rescheduled by agreement of the parties with consent of the mediator

without leave of court. Absent agreement of the parties, continuances of scheduled mediation shall be

granted only by written motion for good cause shown after a mutually agreeable future date prior to pretrial

review is provided with a proposed entry. Failure by a party to respond within two business days to a request

for alternate dates may be reflected on the motion for continuance and shall be deemed consent to the

alternate date proposed by the party requesting the continuance.

5. Mediation Case Summary

The parties shall submit a case summary to the mediator not less than five days prior to the first

scheduled mediation that contains the following:

a. Summary of material facts of dispute

b. Status of discovery

c. Summary of injuries and damages

d. Whether there are currently any offers of settlement

C. MEDIATION PROCEDURE IN SMALL CLAIMS DIVISION OF MUNICIPAL COURT

1. Upon the filing of any action in the Small Claims Division, the Clerk shall issue a Notice of

Scheduled Mediation to both parties which shall, at the minimum, indicate the date, time,

and place of mediation, along with the contact information for the Court Mediation Services.

This may be combined with a trial notice.

2. On the day of scheduled mediation, cases will be assigned to a mediator from the Municipal

Court Mediation Services Program.

D. MANDATORY REPORTING OF DOMESTIC VIOLENCE

1. All parties and counsel shall advise the assigned judge or magistrate of any domestic

violence allegations known to them to exist or to have existed in the past, or which become

known to them following entry of the Notice of Mediation but before conclusion of all

mediation proceedings, which allegations involve any two or more individuals whose

attendance is expected or likely at any proceedings.

2. Nothing in this rule shall be construed to compel a person to violate attorney-client privilege,

reveal self-incriminating information, or give evidence against the person’s will, against a

current or former family or household member.

Revised January 26, 2010 -19-

E. PROCEDURES

Pursuant to Rule 16 of the Rules of Superintendence, the court shall utilize procedures for all cases

that will:

1. Ensure that parties are allowed to participate in mediation, and if the parties wish, that their

attorneys and other individuals they designate are allowed to accompany them and participate

in mediation.

2. Screen for domestic violence both before and during mediation.

3. Encourage appropriate referrals to legal counsel and other support services for all parties,

including victims and suspected victims of domestic violence.

4. Prohibit the use of mediation in any of the following: as an alternative to the prosecution or

adjudication of domestic violence; in determining whether to grant, modify or terminate a

protection order; in determining the terms and conditions of a protection order; and in

determining the penalty for violation of a protection order.

F. ALL CIVIL CASES

1. The mediator may reject or terminate mediation at any time when, in the discretion of the

mediator, the case is deemed inappropriate for mediation. The mediator shall inform all

parties and the Court in writing that the mediation is terminated.

2. Parties shall attend scheduled mediation sessions as directed. For corporate parties, a

representative of the corporation with authority to settle the case must attend. Counsel may,

but is not required to, attend mediation unless expressly directed by the Court or mediator.

3. If counsel or a party becomes aware of the identity of a person or entity whose consent is

required to resolve the dispute, but who is not a party, said counsel or party shall promptly

inform the mediator.

4. If the opposing parties in any case, (1) are related by blood, adoption, or marriage, (2) have

resided in a common residence, or (3) have alleged domestic violence at any time prior to or

during the mediation, then the parties and their counsel shall disclose such information to the

mediator.

G. CONFIDENTIALITY/PRIVILEGE

All participants at mediation sessions shall execute a written Mediation Agreement which shall refer

to R.C. 2710.01 to 2710.10, the Uniform Mediation Act, and shall set forth the applicable provisions therein

regarding confidentiality and privilege.

H. MEDIATOR CONFLICTS OF INTEREST

Revised January 26, 2010 -20-

In accordance with Revised Code 2710.08(A) and (B), the mediator assigned by the Court to conduct

a mediation shall disclose to the mediation parties, counsel if present, and any nonparty participants any

known possible conflicts that may affect the mediator’s impartiality as soon as such conflicts become known

to the mediator. The mediator shall withdraw if, in the discretion of the mediator, a conflict impairs the

mediator’s ability to conduct mediation.

I. CONCLUSION OF MEDIATION

1. At the conclusion of mediation and in compliance with Revised Code 2710.06 the mediator

shall file a report with the Court containing the following:

a. Whether mediation occurred or was terminated

b. Whether a settlement was reached on all, some, or none of the issues

c. Attendance of the parties

d. Future mediation sessions, including date and time

2. If the parties reach a full or partial settlement, the mediator, parties, and counsel if applicable,

shall immediately prepare and execute a written memorandum memorializing the agreement.

J. ROSTER OF QUALIFIED MEDIATORS

The Court shall maintain a roster of qualified mediators.

SMALL CLAIMS DIVISION

21.00 AUTHORITY

The Small Claims Division of The Delaware Municipal Court is established and operated pursuant to

Chapter 1925 of the Ohio Revised Code and the Rules of Court of The Delaware Municipal Court.

All Magistrate proceedings shall be in accordance with Civil Rule 53, unless in conflict with Chapter 1925

of the Ohio Revised Code.

22.00 PURPOSE

The purpose is to allow the public to resolve minor money disputes quickly, inexpensively, and fairly

without requiring an attorney's involvement.

(a)

Types of Cases: The Small Claims Division handles all types of cases involving amounts less than

$3,000.00. These include landlord-tenant, unpaid accounts, defective merchandise, minor traffic

accident repair costs, overcharge of services, and minor property damages.

23.00 JURISDICTION

Revised January 26, 2010 -21-

(a)

(b)

Territorial: The defendant must live in Delaware County, have his place of business in the county,

or the transaction have taken place in the county.

Monetary: It must be for money only and not to exceed $3,000.00 on plaintiff's complaint or

$3,000.00 on defendant's counter-claim.

24.00 DUTIES OF COUNSEL/PARTIES AND COURT

(a)

Filing of Complaint: A complaint is filed by the plaintiff along with supporting documents. The

plaintiff must bring with him/her two (2) copies of any documents supporting his/her claim and

plaintiff must have the current address of defendant. The plaintiff shall also file, at the time of filing

the complaint, a request for regular mail service in the event of failure of certified mail service.

No more than twenty-four (24) separate claims can be filed by one (1) person in any one (1) year.

A Deputy Clerk shall assist persons in filing claims, docketing the same, setting them for hearing

and receiving court cost deposits. Also, the Deputy Clerk is responsible for scheduling and

administering the conciliation conference. A Small Claims Magistrate or Judge shall hear and decide

those cases which cannot be settled by conciliation. A Deputy Clerk or Bailiff or any person

designated by the Administrative Judge shall conduct the conciliation conferences.

(b)

Failure of Service on Defendants: Upon failure of service on the defendant(s), the clerk shall

notify the plaintiff that the case will be dismissed within sixty (60) days unless the plaintiff has a new

address for the defendant(s).

Summons shall be issued to the defendant(s) by certified mail or personal service. Notice to the

plaintiff shall be by regular mail if actual notice is not given at the time of the filing of a complaint.

If the matter is not resolved at the conciliation conference, the mediator shall verbally notify the

parties of a court date for a hearing before the Magistrate or Judge and shall personally serve notice

on the parties. The procedure for a contested hearing shall be explained and copies of documents

exchanged. No witnesses are required at the conciliation conference; however, documentation is

recommended. The defendant(s)' failure to appear at the conciliation conference will result in a

default judgment for the plaintiff. Plaintiff's failure to appear will result in dismissal without

prejudice.

In cases where both parties are represented by counsel, there will be no conciliation conference. The

matter will be scheduled for a pretrial conference before a Magistrate or Judge.

See D.M.C. Rule 12.00 (c) on continuances. Under no circumstance will a continuance be

permitted less than four (4) days prior to the hearing without consent of the Magistrate or Judge and

for good cause shown.

(d)

Counter-claims: Counter-claims are filed by the defendant against the plaintiff for a sum arising

out of the same incident not to exceed $3,000.00. A counter-claim must be filed no later than seven

Revised January 26, 2010 -22-

(7) days prior to the conciliation conference. If you file a counter-claim with the court, you must

serve the Plaintiff and all other parties with a copy of the counter-claim at least seven (7) days prior

to the date of the conciliation conference.

(e)

Contested Hearings: Proceedings are informal and shall be recorded by means of audio and/or

video tape. WITNESSES AND EXHIBITS, IF ANY, ARE NECESSARY FOR THIS HEARING.

Plaintiff's failure to appear will result in dismissal without prejudice. Defendant(s)' failure to appear

for the contested hearing will result in a default judgment for the plaintiff.

25.00 TRANSFER TO CIVIL DIVISION

A transfer to the Civil Division is accomplished pursuant to Section 1925.10 of the Ohio Revised Code and

the payment of the appropriate filing fee. If more than one (1) attorney becomes involved with the case,

the case shall be transferred to the civil docket of the Court for purposes of scheduling only.

26.00 SMALL CLAIMS CASE MANAGEMENT

D.M.C. Rule 18 shall also apply to the management of small claims cases.

TRUSTEESHIPS

27.00 AUTHORITY

This rule shall apply whenever a person applies to the Court for an appointment of a Trustee pursuant to

Section 2329.70 O.R.C.

28.00 DUTIES OF APPLICANT-DEBTOR, CREDITOR, AND COURT

(a)

(b)

(c)

An applicant-debtor shall complete an application under oath containing names of all secured and

unsecured creditors with liquidated claims, creditor's, or collector's complete mailing addresses,

account numbers, and amount due. Further, the debtor shall list his/her employer, the employer's

address and telephone number, present salary, amount per pay period and the pay period, statement

of dependents, if there was a previous trusteeship, and the reasons for termination.

The applicant-debtor shall deposit the appropriate fee for processing, provide the clerk pay stubs

from the most recent thirty (30) days of work, and a copy of the fifteen-day notice of garnishment

(2716.02 O.R.C.). The application and appointment of Trustee are approved upon the filing of the

journal entry.

The application should be filed within fifteen (15) days of the service of the demand on the debtor.

The debtor must be a resident of Delaware County or a non-Ohio resident earning wages in Delaware

County.

The trusteeship only prevents garnishment of personal earnings.

Revised January 26, 2010 -23-

(d)

(e)

(f)

(g)

No debt for less than $50.00 shall be included in the trusteeship. Once the debts are reduced to the

amount of $50.00, the Trustee shall pay that debt in full on the next distribution.

The Trusteeship Clerk shall notify each creditor listed on the application, by certified mail that an

application for the appointment of a Trustee has been filed and require verification of all information

regarding the account provided by the debtor.

Any creditor who holds a chattel mortgage or any other lien or encumbrance may elect to participate

by filing the election and agreement with the debtor, or with the court. If the secured creditor does

not wish to participate, an objection shall be filed; otherwise, failure to answer within ten (10) days

of the notice, shall be held by the court as an election to participate. Secured creditors will be

estopped from asserting their liens as long as the debtor maintains his/her agreement. Unsecured

creditors must answer or they will not participate in the distribution of funds. Creditors will be

prohibited from garnishing personal earnings once the application for trusteeship is approved by the

Judge. The trusteeship does not prevent collection against other non-exempt property.

The debtor shall pay to the Trustee the lesser of:

(1) personal earnings less exemptions per law, or

(2) 25% of personal earnings.

Withheld amounts such as union dues, credit union charges, insurance, or child support shall not be

included in computation of personal earnings. Payments to the Trustee shall be made on the same

basis as the debtor is paid.

(h)

(I)

Payments shall be made by cash, certified check, or money order on or before date due and not less

than the amount specified by the court. Direct payments to creditors will not be considered as an

excuse. Reductions in pay, loss or change in employment, or change in address must be reported

immediately in writing to the Trustee. In the event a payment is unable to be made, a motion and

affidavit shall be filed with the court on or before payment is due. If the debtor is unemployed a

minimum payment of $10.00 per week shall be paid. The debtor shall be required to provide

verification of personal earnings every six (6) months. Failure to do so will result in termination of

trusteeship.

Any trusteeship that has payments past due for a period of fifteen (15) days will be notified of

pending dismissal. After sixty (60) days from a missed payment, the trusteeship will be terminated

without notice. The debtor may not re-open or file for a new trusteeship within six (6) months unless

the debtor can show that the failure to pay was not due to willful negligence.

(j)

Funds shall be distributed to creditors after a sum of $750.00 has been accumulated or six (6) months

has passed, whichever occurs first. A fee of two (2) percent of the distribution will be assessed to

cover the costs. The debtor shall receive notice of the amount distributed, and new balances due the

creditors.

Revised January 26, 2010 -24-

(k)

(l)

(m)

(n)

If the debtor fails, through mistake or otherwise, to list a creditor, upon motion to the court, the

creditor may be added to the list. The motion shall be in writing with notice to the non-moving

party. Any creditor who becomes a creditor after the appointment of the Trustee, shall share in the

distribution made by the Trustee after the next ensuing distribution. No debts incurred after the

appointment shall be added and may result in termination of the trusteeship.

An attorney at law representing a debtor for the appointment of a Trustee, shall be permitted to

include his/her claim for services. The first $150.00 of the fee shall be given priority in payment

over all creditors. The balance of fee shall be paid as all other creditors in subsequent distributions.

If any interest was included in the liquidated claim, said sums shall be collected and distributed

unless otherwise agreed between the creditor and debtor. Penalties shall not be included or collected.

Married couples may file a joint application for appointment of a Trustee and each must provide

wage stubs and make payments into the trusteeship. However, any subsequent divorce will terminate

the trusteeship. The termination of the trusteeship shall not prevent an approval of a new trusteeship

within the six (6) months of termination.

29.00 JURY MANAGEMENT PLAN

INTRODUCTION

This local Rule of Practice is being implemented in compliance with Municipal Court

Superintendence Rule 18©, which requires that each Municipal Court, prior to July 1, 1994, develop and

implement a Jury Management Plan. It is the purpose of this Rule to implement an efficient and

comprehensive system of jury use and management for the Delaware Municipal Court. The plan was

adopted by Journal Entry March 3, 1994 and revised January 1, 2004.

ADMINISTRATION OF THE JURY SYSTEM

The responsibility for administration of the jury system shall be vested in the Administrative Judge

and Jury Commissioner who shall coordinate all procedures.

All procedures concerning jury selection and service should be governed by Ohio Rules of Court and

appropriate statutes.

OPPORTUNITY FOR SERVICE

The opportunity for jury service shall not be denied or limited on the basis of race, national origin,

gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against

a cognizable group in the jurisdiction.

Jury service is an obligation of all qualified citizens of Delaware County, Ohio.

ELIGIBILITY FOR JURY SERVICE

Revised January 26, 2010 -25-

To ensure that the jury panels are representative of the adult population of Delaware County, Ohio,

all qualified citizens of Delaware County are eligible to serve on a jury.

JUROR USE

All persons shall be eligible for jury service except those who:

1. Are less than eighteen years of age;

2. Are not citizens of the United States;

3. Are not residents of the jurisdiction in which they have been summoned to serve, to-wit:

Delaware, County;

4. Are not able to communicate in the English Language; or

5. Have been convicted of a felony and have not had their civil rights restored.

All reasonable efforts shall be made to accommodate prospective jurors who have special needs.

The Court shall employ the services of prospective jurors so as to achieve optimum use with a

minimum of inconvenience to jurors.

The Court shall determine the minimally sufficient number of jurors needed to accommodate trial

activity. This information and appropriate management techniques should be used to adjust both the number

of individuals summoned for jury service and the number assigned to jury panels.

JURY SIZE AND UNANIMITY OF VERDICT

Jury size and unanimity in civil and criminal cases shall conform with existing Ohio law.

JURY FACILITIES

The Court shall provide an adequate and suitable environment for jurors. The entrance and

registration area shall be clearly identified and appropriately designed to accommodate the flow of

prospective jurors in the Justice Center. Jurors shall be accommodated in pleasant waiting facilities

furnished with suitable amenities. Jury deliberation rooms shall include space, furnishings, and facilities

conducive to reaching a fair verdict. The safety and security of the deliberation rooms shall be ensured. To

the extent feasible, juror facilities should be arranged to minimize contact between jurors, parties, counsel,

and the public.

JUROR COMPENSATION

Jurors who appear for jury service and are selected to be on the jury panel will receive $40.00 for

each day they are on the panel. Jurors who appear for jury service and are not selected to be on the jury

panel will receive $25.00 for each day they appear but are not seated. No provision has been made by the

Ohio General Assembly for the payment of mileage. All jury fees will be mailed following the completion

of the juror’s term of jury service.

Employers shall be prohibited from discharging, laying-off, denying advancement opportunities to,

Revised January 26, 2010 -26-

or otherwise penalizing employees who miss work because of jury service.

The term of service for any prospective panel shall be the shortest period consistent with the needs

of justice.

PROCEDURE FOR JUROR SELECTION

Upon request, the Delaware County Commissioners shall, by random selection from their source,

provide to the Delaware Municipal Court, a computer print-out and computer disk of a pre-determined

number of prospective jurors for each term of court.

Further, random selection processes shall be utilized to assign prospective jurors to specific panels.

Departures from random selection shall be permitted only as follows:

1. To exclude persons ineligible for service.

2. To excuse or defer prospective jurors.

3. To remove prospective jurors for cause or if challenged peremptorily.

4. To provide all prospective jurors with an opportunity to be called for jury service and to be

assigned to a panel.

NOTIFICATION OF SELECTION FOR JURY SERVICE

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance

of a Summons (Appendix D) directing them to appear on the dates assigned. Further, all prospective jurors

shall be required to complete a Juror Questionnaire (Appendix E) and, if appropriate, a Request for

Excuse or Deferral (Appendix F).

The summons shall be phrased so as to be readily understood by an individual unfamiliar with the

legal process, and shall be delivered by ordinary mail. Said summons shall clearly explain how and when

the recipient must respond and the consequences of his/her failure to respond.

The jury questionnaire should be phrased and organized so as to facilitate quick and accurate

screening and should request only that information essential for determining whether a person meets the

criteria for eligibility; providing basic background information ordinarily sought during voir dire

examination; and efficiently managing the jury system.

SUMMONING OF PROSPECTIVE JURORS

Prospective jurors shall be called to report only upon the filing of a written jury demand. In civil

cases, an additional cost of $105.00 shall be assessed upon the filing of a jury demand and a jury deposit of

Fourteen Hundred Dollars ($1,400.00) shall be required seven (7) days prior to trial, or the jury will be

deemed waived. 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.

Revised January 26, 2010 -27-

Prospective jurors shall be summoned to appear in sufficient numbers to accommodate trial activity.

Panels of sixty (60) persons shall be summoned for service on any given jury day, unless the Court

determines that a lesser or greater number is necessary for a particular trial.

It is the duty of trial counsel demanding trial by jury to notify the Jury Commissioner in writing, at

least seven (7) days prior to the trial date if the jury is to be waived or the case has been settled.

Failure to waive the jury trial in writing at least seven (7) days prior to trial and a plea of guilty or

no contest is entered to an original charge, a $100.00 jury fee assessment will be taxed to the party

requesting the trial.

In cases where multiple trials are set for the same date, and a jury has been called in, jury costs shall

be assessed to the last trial settled on that date. If a trial is settled on the day of trial, all lawful jury costs

shall be assessed against the party who requested the jury.

Prospective jurors shall be “on call” for a period not to exceed one month. During the one month

period, prospective jurors will, on specified days, telephone an outgoing message machine or check the

court’s website jury confirmation section which will inform them whether or not they are needed for jury

service the following morning.

MONITORING PROSPECTIVE JURORS WHO FAIL TO RESPOND OR APPEAR

Prospective jurors who fail to respond to the summons shall be mailed a new Summons (Failure

to Respond to Summons-No Questionnaire-Dates Rescheduled) (Appendix G) with rescheduled dates

they are to appear and another questionnaire to be filled out and returned. Prospective jurors who fail to

report as scheduled and have returned a completed questionnaire shall be mailed a Reminder Letter

(Failure to Appear as Scheduled) (Appendix H) again advising them of their obligations.

Any prospective juror who again fails to respond, shall be brought to the attention of the

Administrative or Presiding Judge and a determination shall be made as to the mailing of another Summons

(Failure to Appear as Scheduled-Dates Rescheduled) (Appendix I).

EXCUSE OR DEFERRAL

Eligible persons who are summoned 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 may be deferred and may be subject to jury service at a later time. All requests

for excuse or deferral 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 or deferred from jury service:

1. Any person who suffers from a substantial physiological or psychological impairment.

2. Any person who has a scheduled vacation or business trip during potential jury service which

was scheduled prior to receiving their summons.

Revised January 26, 2010 -28-

3. Any person for whom jury service would constitute a substantial economic hardship.

4. Any person for whom service on a jury would constitute a substantial hardship on their

family, clients, or members of the public affected by the prospective juror’s occupation.

5. Any person who has served on a jury within the last year.

6. Any person for whom it may be readily determined is unfit for jury service.

7. Any person for whom it is readily apparent would be unable to perform their duty as a juror.

8. Other valid excuse.

No person shall be excused from jury service, except by the Judge or an individual specifically

authorized to excuse jurors. Once a prospective juror has submitted his/her request for excuse or deferral,

the prospective juror must report for service unless otherwise notified by the Court.

JUROR ORIENTATION

The Court shall have an orientation program designed to increase prospective jurors’ understanding

of the judicial system and prepare them to serve competently as jurors. The orientation program shall be

presented to prospective jurors in a uniform and efficient manner using a combination of written, oral, and

audiovisual materials.

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 the day of trial, except

those which the Court must consider by law or by rule of procedure.

Prospective jurors shall, upon their initial appearance and prior to service, be provided with an

Information for Jurors (Appendix J), and a Juror’s Handbook (Appendix K) along with an audiovisual

orientation.

Upon appearance for service, all prospective jurors shall be identified by wearing a Juror Badge, be

placed under the supervision of assigned personnel, and shall direct any questions or communications to

such court personnel for appropriate action.

VOIR DIRE

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.

Juror Questionnaires (Appendix E) containing basic background information concerning panel

members shall be made available to counsel on the day prior to the trial if available, but no later than the

morning of trial. Counsel is permitted to record information contained on the questionnaires, except

addresses and telephone numbers. Juror questionnaires are not to be copied or marked upon. The Court’s

copies of questionnaires shall be returned to the Court immediately upon the completion of trial. Under no

circumstances may counsel or a party retain any jury questionnaires or copies of questionnaires.

Revised January 26, 2010 -29-

Neither counsel nor parties will be permitted to question prospective jurors as to matters contained

in the questionnaire, but are permitted to ask follow-up questions concerning such information.

Juror responses to questions contained in the questionnaires may be subject to public disclosure,

except for phone numbers and e-mail addresses.

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. Counsel or parties

shall conform their voir dire questioning to the following rules:

1. Counsel may not examine prospective jurors concerning anticipated instructions or theories

of law. This does not prevent general questions concerning the validity and philosophy of

reasonable doubt or the presumption of innocence.

2. Counsel may not ask jurors to base answers on hypothetical questions.

3. Counsel may not argue the case while questioning jurors.

4. Counsel may not engage in efforts to indoctrinate jurors.

5. Jurors may not be asked what kind of verdict they might return under any circumstance. No

promises may be elicited from jurors.

6. Questions are to be asked collectively of the panel whenever possible.

In the event there exists a potential for sensitive or potentially 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.

REMOVAL FROM THE JURY PANEL FOR CAUSE

If it is determined by the Court during the voir dire process that an individual is unable or unwilling

to sit in a particular case 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 unrepresented, or upon the motion of the Court.

Further, Ohio Revised Code Section 2313.42 and Ohio Criminal Rules of Procedure 24(B) sets forth

additional challenges for cause which may be made against potential jurors.

PEREMPTORY CHALLENGES

Peremptory challenges shall be exercised alternatively as presently established by Ohio Revised Code

Section 2945.23, Civil Rule 47, and Criminal Rule 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.

Revised January 26, 2010 -30-

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 alternate juror. In civil cases,

the jury shall consist of six 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.

INSTRUCTIONS BY THE TRIAL JUDGE

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 including note

taking and questioning by jurors, along with other basic and relevant legal principles.

All communications between the Judge and the members of the jury panel, from the time of reporting

to the Justice Center 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.

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 in writing 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. The jury instructions shall be returned to the Judge with the verdict

form(s) and all exhibits, to be included in the court file.

All jurors shall be permitted to take notes during the course of the presentation of evidence after

proper instruction by the Court.

JURY DELIBERATION

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

conduct between jurors, parties, counsel, and the public. Upon the commencement of deliberations, all

jurors shall remain in the care of court personnel and shall not be permitted to leave the Justice Center

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

Revised January 26, 2010 -31-

e read in Open Court. Upon the reading of the verdict, in criminal cases, either party may request that the

jury be polled.

DISMISSAL OF THE JURY

Before dismissing a jury at the conclusion of a case, the Court should:

1. Release the jurors from their duty of confidentiality;

2. Explain their rights regarding inquiries from counsel or the press;

3. Either advise them that they are discharged from service or specify when they must report;

and,

4. Express appreciation to the jurors for their service, but not express approval or disapproval

of the result of the deliberation.

COMPLETION OF SERVICE

Upon the completion of service, each juror shall be mailed a Thank You Letter (Appendix L), a

check for payment of the number of days served, a Juror Exit Survey (Appendix M), and a self-addressed

stamped envelope.

CONCLUSION

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 the 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 (Appendix M) along

with maintaining regular data on all jury pools.

30.00 RENT ESCROW

A. Scope. Rent escrow may be used by a tenant where the landlord has breached duties under state law.

Currently, these duties are found generally under Chapter 5321 of the Ohio Revised Code. Rent escrow

cannot be used against landlords who only rent three (3) or less apartments. The Delaware Municipal Court

can handle rent escrow cases only when other rental property is in Delaware County, Ohio.

B. Procedure. Before a tenant can use rent escrow, the tenant must give written notice to the landlord,

specifying the acts, omissions, or code violations that constitute a violation of the landlord’s duties. The

notice must be sent to the person or place where rent is normally paid. If the landlord fails to fix the problem

within a reasonable time or within thirty (30) days and if the tenant is otherwise current on rent payments,

the tenant may:

1. Deposit all rent that is due and becomes due with the Court;

2. Apply to the Court to order the landlord to fix the problem and deposit rent and if

necessary

Revised January 26, 2010 -32-

equest reduced rent;

3. Or, terminate the lease.

An application for rent escrow may be filed by a tenant along with one (1) month’s rent. The tenant must

bring the current address of the landlord or landlord’s agent. The Clerk of Court shall serve the application

on the landlord by certified mail, return receipt requested. The Clerk may also have the tenant sign a request

for regular mail service in the event that service by certified mail service fails.

For more information: R.C. 5321.07.

C. Filing fees. Court costs of 1% of the amount deposited shall be assessed against the rent deposited at

the end of the case.

D. Complaints. A complaint to release the total rent deposited may be filed by the landlord any time after

the tenant’s application for rent escrow has been filed. The Clerk shall serve the tenant by regular mail. A

trial shall be scheduled within sixty (60) days.

For more information: R.C. 5321.09.

E. Answers and counter-claims. Answers and counter-claims may be filed by the tenant after the landlord

has filed a complaint requesting total release of the rent escrow. The answer and/or counter-claim shall be

heard at the time of the trial.

F. Partial release of rent. At any time during the pendency of a rent escrow case, either party may file a

motion for the partial release of rent deposited. If no hearing or trial has been set, the Clerk of Court shall

set a hearing date. If the matter has been set for an oral hearing or trial, the motion shall be consolidated

with the pending trial or hearing.

G. Continuances. Requests for continuance shall be in writing and bear a certificate showing that service

was made on the opposing party by regular mail or personal delivery. Under no circumstances will a

continuance be permitted less than seven (7) days prior to the hearing except upon showing of exceptional

reasons. Continued cases will be rescheduled at the earliest possible time. Filing fee of $20.00 must

accompany the request for continuance and will not be refunded if the request is denied.

31.00 SECURITY OPERATIONS MANUAL

The Delaware Municipal Court adjudicates cases, penalizes those found guilty of violating the law and

protects the constitutional rights of those brought before it. Violence, or the threat of violence, in the court

would have a profound negative impact on the court's functioning. Accordingly, appropriate levels of

security should prevail in the court to protect the integrity of court procedures, to protect the rights of

individuals before it, to deter those who would take violent action against the court or litigants, and to

sustain the proper decorum and dignity of the court.

Pursuant to Rule 18(D) of the Rules of Superintendence for Municipal and County Courts, the Security

Operations Manual of the Delaware Municipal Court was developed and implemented on April 4, 1994

establishing written directives for the purpose of ensuring security within the court while maintaining

Revised January 26, 2010 -33-

accessibility to the community. This manual further satisfies Rule 18(D) by meeting the provision of the

Ohio Supreme Court Security Standards adopted by the Supreme Court of Ohio on October 17, 1994.

The Security Operations Manual was formally adopted by Journal Entry November 30, 1994. Due to the

sensitive nature of the manual's contents, it is not a public record.

COURT RECORDS MANAGEMENT AND RETENTION

32.00 GENERAL GUIDELINES

32.01 Applicability

(a)

(b)

This rule and Local Rule 33 and 34 are intended to provide minimum standards for the

production, maintenance, preservation, and destruction of records within the courts and to

authorize alternative electronic methods and techniques. Implementation of this rule and

Local Rule 33 and 34 is a judicial governmental function.

This rule and Local Rule 33 and 34 shall be interpreted to allow for technological

enhancements that improve the efficiency of the court and simplify the production,

maintenance, preservation, and destruction of court records.

32.02 Definitions

As used in this rule and in Local Rule 33 and 34:

(a)

(b)

“Administrative record” means a record not related to cases of a court that documents the

administrative, fiscal, personnel, or management functions of the court.

“Case file” means the compendium of original documents filed in an action or proceeding

in a court, including the pleadings, motions, orders, and judgments of the court on a case by

case basis.

(d)

(e)

(f)

“Journal” means a verbatim record of every order or judgment of a court.

“OHS” means the Ohio Historical Society, State Archives Division.

“Record” means any document, device, or item, regardless of physical form or characteristic,

created or received by or coming under the jurisdiction of a court that serves to document the

organization, functions, policies, decisions, operations, or other activities of the court.

32.03 Combine records

Notwithstanding any other provisions of the law, a court may combine indexes, dockets, journals,

and case files provided that the combination contains the component of indexes, dockets, journals,

and case files as defined in this rule and Local Rule 33 to 34. A court may replace any paper bound

books with an electronic medium or microfilm in accordance with this rule.

Revised January 26, 2010 -34-

32.04 Allowable record media

(a)

(b)

A court may create, maintain, receive, record, copy, or preserve a record on traditional paper

media, electronic media, including tax or digital images, or microfilm, including computer

output to microfilm.

A court may create, maintain, receive, record, copy, or preserve a record using any nationally

accepted records and information management process, including photography, microfilm,

and electronic data processing, as an alternative to paper. The process may be used in regard

to the original or a copy of a record if the process produces an accurate record or copy and

the process complies with the American National Standards Institute (ANSI) standards and

guideline, or, in the event that ANSI standards cease to exist, other nationally accepted

records and information management process standards.

(1) If the court creates, maintains, receives, records, copies, or preserves a record using

a records and information management process in accordance with 32.04(b) of this

rule and the record is required to be retained in accordance with the schedules set

forth in Local Rule 33 and 34, the court shall cause a back-up copy of the record to

be made at periodic and reasonable times to insure the security and continued

availability of the information. If Local Rule 33 to 34 requires the record to be

retained permanently, the back-up copy shall be stored in a different building than the

record it secures.

(2) Records shall be maintained in conveniently accessible and secure facilities, and

provisions shall be made for inspecting and copying any public records in accordance

with applicable statutes and rules. Machines and equipment necessary to allow

inspection and copying of public records, including public records that are created,

maintained, received, recorded, copied, or preserved by an alternative records and

information management process in accordance with division 32.04(b) of this rule

shall be provided.

(3) In accordance with applicable law and purchasing requirements, a court may acquire

equipment, computer software, and related supplies and services for records and

information management processes authorized by division 32.04(b) of this rule.

(4) Paper media may be destroyed after it is converted to other approved media in

accordance with this rule.

32.05 Destruction of records

(a)

(b)

Subject to the notification and transfer requirements of divisions 32.05(b) and © of this rule,

a record and any back-up copy of a record produced in accordance with division 32.04(b) of

this rule may be destroyed after the record and its back-up copy have been retained for the

applicable retention period set forth in Local Rule 33 and 34.

If Local Rule 33 to 34 set forth a retention period greater than ten (10) years for a record, or

if a record was created prior to 1960, the court shall notify the OHS in writing of the court’s

intention to destroy the record at least sixty (60) days prior to the destruction of the record.

Revised January 26, 2010 -35-

shall, upon request of the OHS, cause the record described in the notice to be transferred to

the OHS, or to an institution or agency that meets the criteria of the OHS, in the media and

format designated by the OHS.

32.06 Exhibits, depositions, and transcripts

At the conclusion of litigation, including time for direct appeal, a court or custodian of exhibits,

depositions, or transcripts may destroy exhibits, depositions, and transcripts if all of the following

conditions are satisfied:

(a)

(b)

(c)

(d)

(e)

The court notifies the party that tendered exhibits, depositions, or transcripts within

sixty (60) days from the date of the written notification;

The written notification required in division 32.06(a) of this rule informs the party

that tendered the exhibits, depositions, or transcripts that the exhibits, depositions,

or transcripts will be destroyed if not retrieved within sixty (60) days of the

notification;

The written notification required in division 32.06(a) of this rule informs the party

that tendered the exhibits, depositions, or transcripts of the location for retrieval of

the exhibits, depositions, or transcripts;

The party that tendered the exhibits, depositions, or transcripts does not retrieve the

exhibits, depositions, or transcripts within sixty (60) days from the date of the written

notification required in division 32.06(a) of this rule.

All audio/video tapes of court proceedings shall be retained permanently.

32.07 Extension of retention period for individual case files

A court may order the retention period for an individual case file extended beyond the period

specified in Local Rule 33 to 34.

33.00 RETENTION SCHEDULE FOR ADMINISTRATIVE RECORDS OF THE COURT

The following retention schedule shall apply for the administrative records of the court:

33.01 Administrative journal

Administrative journals that consist of court entries, or a record of court entries, regarding policies

and issues not related to cases shall be retained permanently.

33.02 Annual reports and Auditor reports

Two copies of each annual report shall be retained permanently. One copy of the auditor report shall

be retained permanently.

33.03 Bank records

Revised January 26, 2010 -36-

Bank transaction records, whether paper or electronic, shall be retained for three (3) years or until

the issuance of an audit report by the Auditor of State, whichever is later.

33.04 Cash books

Cash books, including expense and receipt ledgers, shall be retained for three (3) years or until the

issuance of an audit report by the Auditor of State, whichever is later.

33.05 Communication record

Communication records, including routine telephone messages on any medium where official action

will be recorded elsewhere, may be destroyed in the normal course of business as soon as they are

considered to be of no value by the person holding the records.

33.06 Correspondence and general office records

Correspondence and general office records, including all sent and received correspondence, in any

medium, may be destroyed in the normal course of business as soon as they are considered to be of

no value by the person holding the records.

33.07 Drafts and informal notes

Drafts and informal notes consisting of transitory information used to prepare the official record in

any other form may be destroyed in the normal course of business as soon as they are considered to

be of no value by the person holding the records.

33.08 Employment applications

Employment applications for posted or advertised positions shall be retained for two (2) years.

33.09 Employee benefits and leave records

Employee benefits and leave records, including court office copies of life and medical insurance

records, shall be retained by the appropriate fiscal officer for three (3) years or until the issuance of

an audit report by the Auditor of State, whichever is later.

33.10 Employee history and discipline records

Records concerning the hiring, promotion, evaluation, attendance, medical issues, discipline,

termination, and retirement of court employees shall be retained for ten (10) years after termination

of employment.

33.11 Fiscal records

Fiscal records, including copies of transactional budgeting and purchasing documents maintained

by another office or agency, shall be retained for three (3) years or until the issuance of an audit

report by the Auditor of State, whichever is later. Rent escrow account records shall be retained for

five (5) years after the last deposit.

Revised January 26, 2010 -37-

33.12 Grant records

Records of grants made or received by a court shall be retained for three (3) years after expiration

of the grant.

33.13 Payroll records

Payroll records of personnel time and copies of payroll records maintained by another office or

agency shall be retained for three (3) years or until the issuance of an audit report by the Auditor of

State, whichever is later.

33.14 Publication received

Publications received by a court may be destroyed in the normal course of business as soon as they

are considered of no value by the person holding the publications.

33.15 Receipt records

Receipt and balancing records shall be retained for three (3) years or until the issuance of an audit

report by the Auditor of State, whichever is later.

33.16 Requests for proposals, bids, and resulting contracts

Requests for proposals, bids received in response to a request for proposal, and contracts resulting

from a request for proposal shall be retained for three (3) years after the expiration of the contract

that is awarded pursuant to the request for proposal.

34.00 RETENTION SCHEDULE FOR THE JUDICIAL RECORDS OF THE COURT

34.01 Definitions

(a)

(b)

As used in sections 34.02 to 34.06, “division” means the Delaware Municipal Court.

As used in sections 34.02 to 34.06, “docket” means the record where the clerk of the division

enters all of the information historically included in the appearance docket, the trial docket,

the journal, and the execution docket.

34.02 Required records

(a)

(b)

The division shall maintain an index, docket, journal, and case files in accordance with Local

Rule 32.02, 33.01, and this section of Local Rule 34.

Upon the filing of any paper or electronic entry permitted by the division, a stamp or entry

shall be placed on the paper or electronic entry to indicate the day, month, and year of filing.

34.03 Content of docket

The docket of the division shall be programmed to allow retrieval of orders and judgments of the

division in a chronological as well as a case specific manner. Entries in the docket shall be made

Revised January 26, 2010 -38-

as events occur, shall index directly and in reverse the names of all parties to cases in the division,

and shall include:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Names and addresses of the parties in full;

Names, addresses, and Supreme Court attorney registration numbers of all counsel;

The issuance of documents for service upon a party and the return of service or lack

of return;

A brief description of all records and orders filed in the proceeding, the time and date

filed, and a cross reference to other records as appropriate;

A schedule for court proceedings for the division and its officers to use for case

management;

All actions taken by the division to enforce orders or judgments; and

Any information necessary to document the activity of the clerk of the division

regarding the case.

34.04 Retention schedule for the index, docket, and journal

The index, docket, and journal of the division shall be retained for twenty-five (25) years.

34.05 Judge, magistrate, and clerk notes, drafts, and research

Judge, magistrate, and clerk notes, drafts, and research prepared for the purpose of compiling a

report, opinion, or other documents or memorandum may be kept separate from the case file,

retained in the case file, or destroyed at the discretion of the preparer.

34.06 Retention schedule for case files

(a)

(b)

(c)

(d)

(e)

(f)

Cases of matters that resulted in a final judgment determining title or interest in real estate

shall be retained permanently.

Search warrant records shall be indexed and the warrant and returns retained in their original

form for five (5) years after the date of service or last service attempt.

Case files of matters that are voluntarily dismissed shall be retained for three (3) years after

the date of dismissal.

OVI case files. Driving under the influence of alcohol or drug (“OVI”) case files shall be

retained for fifty (50) years after the date of the final order of the municipal or county court.

Civil cases for ten (10) years or after the case is terminated or the judgment is satisfied.

Parking tickets until paid.

Revised January 26, 2010 -39-

(g)

Minor Misdemeanor Traffic and Criminal case files. Minor misdemeanor traffic and minor

misdemeanor criminal case files shall be retained for fifty (50) years after the final order of

the municipal or county court.

(h)

First through Fourth Degree Misdemeanor Traffic and Criminal case files. First through

fourth degree misdemeanor traffic and criminal case files shall be retained for fifty (50) years

after the date of the final order of the municipal or county court.

35.00 FACSIMILE FILING RULE

The provisions of this local rule are adopted under [Civ.R. 5(E)], [Civ.R. 73(J)], [Crim.R. 12(B)],

[Juv.R. 8], and [App.R. 13(A)].

Pleadings and other papers may be filed with the clerk by facsimile transmission to [(740) 203-1599]

as provided in this rule.

APPLICABILITY

35.01 This rule applies to civil, criminal, and small claims proceedings in the Delaware

Municipal Court.

ORIGINAL FILING

35.02 A document filed by fax 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.

35.03 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.

DEFINITIONS

As used in these rules:

Revised January 26, 2010 -40-

35.04 “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 e-mail.

35.05 “Facsimile machine” means a machine that can send and receive a facsimile

transmission.

35.06 “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to

facsimile transmission or to a document so transmitted.

COVER PAGE

35.07 The person filing a document by fax shall also include a cover page containing all of

the following information: [See appendix N for sample cover page form.]

(A) name of the court;

(B) title of the case;

(D) name of the judge to whom the case is assigned, if any;

(E) 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 Defendant’s Motion to Dismiss);

(F) date of transmission;

(G) transmitting fax number;

(H) 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) 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;

Revised January 26, 2010 -41-

(K)

if applicable, a statement explaining how costs are being submitted.

35.08 (A) If a document is sent by fax to the clerk without the cover page information

listed above, the clerk may do either of the following:

(1) enter the document in the case docket and file the document;

(2) deposit the document in a file of failed faxed documents with a

notation of the reason

for the failure.

(B) If the clerk acts pursuant to division (A)(2) of this section, the document shall

not be considered filed with the clerk.

35.09 The clerk may inform the sending party of a failed fax filing.

SIGNATURE

35.10 A party who wishes to file a signed source document by fax shall do either of the

following:

(A)

(B)

fax a copy of the signed source document;

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.

35.11 A party who files a signed document by fax represents that the physically signed

source document is in his or her possession or control.

EXHIBITS

35.12 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

Revised January 26, 2010 -42-

strike any document or exhibit, or both, if missing exhibits are not filed as required

by this section.

35.13 Any exhibit filed pursuant to Section 35.12 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

Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’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 O for sample exhibit cover sheet].

TIME OF FILING

35.14 Subject to the provisions of these rules, all documents sent by fax and received by the

Clerk 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. However, the fax machine will be available to receive facsimile

transmission of documents on the basis of 24 hours per day seven days per week

including holidays.

35.15 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 Courts.

35.16 The Clerk of Court may, but need not, acknowledge receipt of a facsimile

transmission.

35.17 The risks of transmitting a document by fax to the Clerk of Courts 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

Revised January 26, 2010 -43-

35.18 No document filed by facsimile that requires a filing fee shall be accepted by the

clerk for filing until court costs and fees have been paid. Documents tendered to BF

- Bond Forfeiture the clerk without payment of court costs and fees or that do

not conform to applicable rules will not be filed.

35.19 No additional fee shall be assessed for facsimile filings.

LENGTH OF DOCUMENT

35.20 Facsimile filings shall not exceed 10 pages in length, not including the cover page,

and must pertain to only one case. The filer shall not transmit service copies by

facsimile.

EFFECTIVE DATE

35.21 These local rules shall be effective March 1, 2005, 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.

Revised January 26, 2010 -44-

APPENDIX A - FORM ENTRIES AND ABBREVIATIONS

CRA

AEP

CRB

BMV

BW

TRC

C/P

CR

CV

CWP

TRD

DIP

CVE

ENF

EXP

CVF

FD

FED

FRA

CVG

G

CVH

CVI

JT

MH

N/C

N/G

NR

OI

OL

APPENDIX C

Felony

Alcohol Education Program

Misdemeanor

Bureau of Motor Vehicles

Bench Warrant

OVI

Conditions of Probation

Refers to Criminal Cases

Refers to Civil Cases

Community Work Program

All Other Traffic

Driver Intervention Program

Personal Injury & Property Damage

Enforcement

Expungement Hearing

Contracts

Final Disposition

Forcible Entry and Detention

Financial Responsibility Act

Forcible Entry and Detention

Guilty Plea

Other Civil (i.e. BMV Appeal)

Small Claims

Jury Trial

Motion Hearing

No Contest Plea

Not Guilty Plea

Non-Reporting

Order In

Operator's License

PH

POI

PSI

PT

PTD

PV

TR

TTC

W

A

B

C

Preliminary Hearing

Proof of Insurance

Pre-Sentence Investigation

Pre-Trial

Pre-Trial Diversion

Probation Violation Hearing

Refers to Traffic Cases

Trial to Court

Waiver

Prosecutor/Plaintiff

Defendant

Count One in Case With Multiple Charges

Count Two in Case with Multiple Charges

Count Three in Case with Multiple Charges

46

APPENDIX C

CRIMINAL & TRAFFIC DIVISION

COST SCHEDULE

Delaware Municipal Court

Delaware County, Ohio

Effective October 16, 2009

Basic costs in parking-violation cases (plus service fee) $ 55.00

Basic costs in tax cases (plus service fee) $ 55.00

Basic costs in seatbelt cases $ 80.00

Basic costs in all other criminal and traffic cases (these costs are assessed

on each charge in the complaint or traffic citation):

Local costs $ 55.00

Computerized legal research fee (R.C. 1901.261(A) & (B)) $ 13.00

Special projects fund (R.C. 1901.26(B)(1)) $ 12.00

Total local costs for criminal & traffic cases $ 80.00

Plus, at the earlier of (1) the time when bail is posted or

(2) the time when the defendant is convicted, the Clerk will collect:

Additional cost for any case involving a moving traffic offense $ 39.00

($9 to the state victims reparation fund (R.C. 2743.70(A)(1)(b));

$20 to the state indigent defense support fund (R.C. 2949.091(A)(1)(a)(ii));

$10 to various state and municipal funds (R.C. 2949.094(A)))

Note: If bail is posted in the case, the $25 bail surcharge listed below

must also be paid.

Additional cost for any case involving a non-traffic misdemeanor $ 29.00

($9 to the state victims reparation fund (R.C. 2743.70(A)(1)(b));

$20 to the state indigent defense support fund (R.C. 2949.091(A)(1)(a)(ii)))

Note: If bail is posted in the case, the $25 bail surcharge listed below

must also be paid.

Additional cost for any case involving a non-moving traffic offense $ 10.00

($10 to the state indigent defense support fund (R.C. 2949.091(A)(1)(a)(iii)))

Other Costs

Appeals

Filing of notice of appeal $ 65.00

Filing of notice of cross-appeal $ 25.00

APPENDIX C

Motion for stay of judgment pending appeal $ 15.00

Arraignment, supplemental – see Supplemental

Audio recording of court proceeding – see Copies

Bad checks – see Checks

Bail surcharge $ 25.00

(must be paid to the Clerk whenever bail is posted for any offense

other than a non-moving traffic offense) (R.C. 2937.22(B))

Bail forfeiture – see Bond

Bind-Over Fee (charged when the court holds a preliminary hearing $ 15.00

in a felony case and finds probable cause to believe that a felony

has been committed)

Bond forfeiture

(as a result of a failure to appear for a court proceeding) $ 20.00

(as part of a negotiated plea) $ 10.00

Bureau of Motor Vehicles (BMV) matters (filed in the civil division)

Appeal of a 12-point license suspension $100.00

Application for driving privileges during a BMV-imposed suspension $ 90.00

Reinstatement-fee payment plan application (R.C. 4510.10) $ 90.00

(a single $90 fee will be charged if an applicant requests both

driving privileges and a reinstatement-fee payment plan)

Cancellation of operator’s license – see Operator’s license

Checks that are returned for insufficient funds, are drawn on closed accounts, $ 30.00

or for which the drawer stops payment

Collection fee – see Unpaid

Commitment, preparation of (enforcing a court order imposing jail days) $ 10.00

Community control fee

(for separate fee if EMHA ordered – see Electronically-monitored)

25.00/month

Community control violation fee $ 20.00

(charged to the defendant whenever a community control officer

files a violation notice)

Continuance – see Motions

Copies (plus service fee if the copies are not picked up from the Clerk’s office)

APPENDIX C

Certified copy of a court record (plus the per-page cost of the copies) $ 3.00

Exemplified copy of a judgment entry (a copy signed by $ 25.00

the Clerk and a judge)

Photocopy (per page) $ 0.05

Printout of court docket (per page) $ 0.25

Video and audio recording of court proceeding $ 5.00

Credit card fee (charged whenever a credit card is used to pay

any amount owed to the Clerk) $ 5.00

Credit card stop-payment fee (charged if a payment is made by credit $100.00

card and then the cardholder disputes the payment amount)

Delinquent payment fee – see Unpaid

Demand for jury or non-jury trial $ 10.00

Discharge from the jail, order for $ 5.00

Diversion program $150.00

Driver’s license cancellation – see Operator’s license

Driving privileges during administrative license suspension or court suspension,

application for (must include proof of current car insurance) $ 30.00

Note: An additional $30 charge will be imposed whenever the

defendant requests a change in a previously-granted privilege

order, and also when privileges are requested for a court-imposed

suspension after an earlier request for privileges during an ALS.

Driving privileges during a BMV-imposed suspension – see Bureau

Driving privileges with ignition interlock or SCRAM ordered in OVI cases $ 5.00

(includes $2.50 to state highway safety fund

and $2.50 to special projects fund) (R.C. 4510.13(A)(9))

Electronically-monitored house arrest (EMHA) fee $ 3.00/day

(plus the daily cost of the monitoring equipment)

Exemplified copy – see Copies

Expungement, application for – see Sealing

Felony – see Bind-Over

Forfeiture of operator’s license – see Operator’s

APPENDIX C

Grand jury – see Bind-Over

Hearing – see Motion hearing

Ignition interlock ordered in OVI cases – see Driving privileges

Immobilization fee $ 15.00

(plus the amounts payable to the immobilizing company and later to the BMV)

Immobilization, waiver of – see Waiver

Installment fee – see Unpaid

Interest charged on unpaid fines and costs – see Unpaid

Insurance, failure to provide proof of car insurance $ 5.00

in connection with a traffic offense

Jail commitment – see Commitment

Jail release – see Discharge

Jury demand – see Demand

Jury fees (daily fee assessed for – and payable to – each juror $ 40.00

and alternate juror selected for jury service)

Jury venire (daily fee assessed for – and payable to – each person who $ 25.00

appears for jury duty when (1) the case is resolved or continued on

the day of trial before a jury is seated, and (2) the trial judge

determines that costs should be charged

License cancellation or forfeiture – see Operator’s

Motions

Continuance of an arraignment $ 5.00

Continuance of any other scheduled event $ 20.00

(the fee is not charged for the prosecutor’s motions)

Post-judgment motion, including a motion to modify a sentence $ 15.00

Stay of judgment pending appeal – see Appeals

Motion hearing (charged when the court holds a hearing on a motion, $ 10.00

including a motion to suppress)

Notice that a warrant has been ordered $ 10.00

Operator’s license cancellation $ 25.00

APPENDIX C

Operator’s license cancellation, notice of $ 10.00

Operator’s license cancellation, release of $ 20.00

Payment by credit card – see Credit card

Photocopies – see Copies

Preliminary hearing – see Bind-Over

Probation fee – see Community control

Probation violation – see Community control violation fee

Proof of insurance, failure to provide – see Insurance

Public defender application fee (R.C. 120.36) $ 25.00

Recording of court proceeding – see Copies

SCRAM ordered in OVI cases – see Driving privileges

Sealing of conviction record or bail forfeiture record (R.C. 2953.32(C)(3)) $ 50.00

Sealing of record after not-guilty finding or dismissal of complaint $ 25.00

Service or delivery fees

(a separate charge is assessed for each party upon whom service is requested)

Certified mail $ 12.00

Express mail $ 12.00

Ordinary mail $ 4.00

Personal service (plus 50.5¢ per mile) $ 20.00

Service on the Ohio Secretary of State by personal service $ 20.00

(plus certified-mail service fee and any costs

owed to the Franklin County Sheriff’s Office or

other process server)

Service by publication (plus the actual cost of publication) $ 12.00

Registered mail $ 15.00

Residence service (plus 50.5¢ per mile) $ 20.00

Subpoena (plus service fee) (R.C. 1901.26(A)(4)) $ 6.00

Plus the witness’s mileage at 50.5¢ per mile and witness fees for:

One-half day or less $ 6.00

APPENDIX C

Full day $ 12.00

(A half day’s attendance means a day on which a witness is required

or requested to be present at the court or at some other legal proceeding

either before or after 12:00 p.m. (noon), but not both, regardless of

whether the witness actually testifies.) (R.C. 1901.26(F)(2))

(A full day’s attendance means a day on which a witness is required

or requested to be present at the court or at some other legal proceeding

both before and after 12:00 p.m. (noon), regardless of whether the

witness actually testifies.) (R.C. 1901.26(F)(1))

Supplemental arraignment $100.00

Unpaid fines and costs

$10.00/month

(this monthly fee is charged as long as fines or costs remain unpaid)

(In addition, once the Clerk turns the unpaid account over to a

collection agency, that company will charge the person or entity who

owes unpaid fines or costs an additional 30% of the total amount owed.)

Video recording of court proceeding – see Copies

Waiver of vehicle immobilization (R.C. 4503.235) $ 50.00

Warrant (plus service fee) $ 60.00

Warrant block release $ 20.00

Warrant order, notice of – see Notice

Witness fee – see Subpoena

APPENDIX C

CIVIL DIVISION

COST SCHEDULE

Delaware Municipal Court

Delaware County, Ohio

Effective October 16, 2009

Complaints in Civil Cases

Filing a civil complaint (plus service fees)

Local costs $ 69.00

Computerized legal research fee (R.C. 1901.261(A) & (B)) $ 13.00

Special projects fund (R.C. 1901.26(B)(1)) $ 12.00

Legal aid societies and state public defender fee (R.C. 1901.26(C)) $ 26.00

Total costs for filing a civil complaint (plus service fee) $120.00

Filing a small-claims complaint (plus service fees)

Local costs $ 34.00

Computerized legal research fee (R.C. 1901.261(A) & (B)) $ 13.00

Special projects fund (R.C. 1901.26(B)(1)) $ 12.00

Legal aid societies and state public defender fee (R.C. 1901.26(C)) $ 11.00

Total costs for filing a small-claims complaint (plus service fee) $ 70.00

Attention filers:

1. If the plaintiff requests service by certified mail, the Clerk will

automatically serve the complaint by ordinary mail if the certified mail

is refused or is unclaimed. The cost of that ordinary mail service will be

added to the court costs in the case.

2. Any person filing a new civil case must include the original complaint for the file, as well as two

copies for each defendant named in the complaint.

3. Any person filing a new eviction case must include the original complaint for the file, as well as

three copies for each defendant named in the complaint.

4. Any person filing a new small-claims case must include the original complaint for the file, as well

as one copy for each defendant named in the complaint.

APPENDIX C

Other Costs

Amended complaint $ 15.00

(plus service fee)

Appeals

Filing a notice of appeal $ 65.00

Filing a notice of cross-appeal $ 25.00

Motion for stay of judgment pending appeal $ 15.00

Appraisal fee in executions and replevin actions (per appraiser) $ 30.00

(plus the fees charged by the appraisers themselves) (R.C. 2335.02)

Attachment of

Cash or other liquid assets – see Garnishment

Personal property – see Execution

Also see Appraisal

Audio recording of court proceeding – see Copies

Bad checks – see Checks

Bankruptcy, filing a notice of $ 15.00

Bureau of Motor Vehicles (BMV) matters

Appeal of a 12-point license suspension $100.00

Application for driving privileges during a BMV-imposed suspension $ 90.00

Reinstatement-fee payment plan application (R.C. 4510.10) $ 90.00

(a single $90 fee will be charged if an applicant requests both

driving privileges and a reinstatement-fee payment plan)

Request for a change in a previously-granted driving privileges order $ 30.00

Certificate of judgment

Preparation of CJ after entry of judgment in this court $ 20.00

Transfer of a judgment from another court $ 75.00

Checks that are returned for insufficient funds, are drawn on closed accounts, $ 30.00

or for which the drawer stops payment

Cognovit note – see filing fee for new civil complaint

Commitment, preparation of (enforcing a court order imposing jail days) $ 10.00

Contempt

Asking the court to hold a party in contempt (plus service fee) $ 25.00

Continuances – see Motions

Copies (plus service fee if the copies are not picked up from the Clerk’s office)

APPENDIX C

Certified copy of a court record (plus the per-page cost of the copies) $ 3.00

Exemplified copy of a judgment entry (a copy signed by $ 25.00

the Clerk and a judge)

Photocopy (per page) $ 0.05

Printout of court docket (per page) $ 0.25

Video and audio recording of court proceeding $ 5.00

Counterclaim, filing of (plus service fee) $ 30.00

Credit card fee (charged whenever a credit card is used to pay

any amount owed to the Clerk) $ 5.00

Credit card stop-payment fee (charged if a payment is made by credit $100.00

card and then the cardholder disputes the payment amount)

Cross-claim, filing of (plus service fee) $ 30.00

Debtor examination – see Judgment debtor examination

Discharge from the jail, order for $ 5.00

Dormant judgment – see Motions

Driving privileges – see Bureau of Motor Vehicles

Eviction – see Set-Out

Execution (seizure and storage)

on a debtor’s real or personal property, with assistance $150.00

from a bailiff (plus 50.5¢ per mile to and from the site of the property)

on a manufactured or mobile home, with no bailiff needed $ 40.00

Exemplified copy – see Copies

Financial disclosure statement – see Judgment debtor examination

Garnishment

Bank Attachments $100.00

(plus $1.00 check payable to garnishee for garnishment

of non-wage property)

Wage Garnishments $100.00

(each creditor’s request for a wage garnishment is valid for six months from the

date when we receive the first payment from the debtor’s employer in response

to that creditor’s garnishment request, and each request can be renewed for an

unlimited number of six-month periods by paying this six-month service rate)

APPENDIX C

Jail commitment – see Commitment

Jail release – see Discharge

Joinder of additional party or parties, request for (plus service fee) $ 30.00

Judgment, certificate of – see Certificate

Judgment debtor examination, request for (plus service fee) $ 25.00

(if a financial disclosure statement is filed in lieu of an appearance at a

judgment debtor examination, the same $25.00 fee will be charged)

Judgment, reviving a dormant – see Reviving

Judgment, vacating a satisfaction of – see Motions

Jury Demand $ 50.00

(the party requesting a jury trial must also deposit $1,400 with the Clerk

no later than seven days before the trial date) (R.C. 1901.26(A)(3))

Jury fees (daily fee assessed for – and payable to – each juror $ 40.00

and alternate juror selected for jury service)

Jury venire (daily fee assessed for – and payable to – each person who $ 25.00

appears for jury duty when (1) the case is resolved or continued on

the day of trial before a jury is seated, and (2) the trial judge

determines that costs should be charged

Magistrate’s decision, objection to – see Objection

Magistrate’s order, motion to set aside – see Objection

Marriage – see Wedding

Mileage Fees – see Service or see Subpoena

Motion for

Change of venue – see Venue

Contempt – see Contempt

Continuance $ 20.00

(The Clerk will not charge this fee when a party requests

more time to mediate a case, or for requests to delay

file-review dates (so-called “non-oral hearings”). The fee will

be charged, though, for motions to continue scheduled

hearing dates, and the Clerk will charge an additional $10

if the motion to continue is filed less than 24 hours before the

time of the scheduled court hearing. The fee for a motion

APPENDIX C

to continue must be paid at the time the motion is filed.)

Default judgment (Civil Rule 55) $ 20.00

Intervention (Civil Rule 24) $ 30.00

Judgment debtor examination – see Judgment debtor

New trial (Civil Rule 59) $ 20.00

Relief from judgment or order (Civil Rule 60) $ 20.00

Revival of a dormant judgment (plus service fee) $ 25.00

Stay of judgment pending appeal – see Appeals

Substitution of parties (Civil Rule 25) $ 20.00

Summary judgment (Civil Rule 56) $ 20.00

Vacate a judgment – see Relief from judgment in this section

Vacate a satisfaction of judgment $ 20.00

Objection to magistrate’s decision or motion to set aside magistrate’s order $ 50.00

Payment by credit card – see Credit card

Personal property, execution on – see Execution

Photocopies – see Copies

Possession, writ of – see Set-Out

Receiver, appointment of $ 15.00

Recording of court proceeding – see Copies

Rent escrow (R.C. 3733.121(D) & 5321.08(D))

one percent of the rent deposited

Replevin – see filing fee for new civil complaint

Also see Appraisal; Execution

Restitution, writ of – see Set-Out

Reviving a dormant judgment – see Motions

Satisfaction of judgment, motion to vacate – see Motions

Service or delivery fees

(a separate charge is assessed for each party upon whom service is requested)

Certified mail $ 12.00

Express mail $ 12.00

APPENDIX C

Ordinary mail $ 4.00

Personal service (plus 50.5¢ per mile) $ 20.00

Service on the Ohio Secretary of State by personal service $ 20.00

(plus certified-mail service fee and any costs

owed to the Franklin County Sheriff’s Office or

other process server)

Service by publication (plus the actual cost of publication) $ 12.00

Registered mail $ 15.00

Residence service (plus 50.5¢ per mile) $ 20.00

Set-out fee (must be paid no later than 4 p.m. on the day before a bailiff’s

presence is needed for the enforcement of an eviction order) $ 60.00

(plus 50.5¢ per mile between the court and the set-out site)

Payment of the set-out fee and the mileage rate will entitle

the landlord to a bailiff’s presence for up to two hours during

a set-out. Additional time spent by a bailiff at the set-out location

will be billed to the landlord in 10-minute increments at:

$42.00/hour

Note: The set-out fee will be refunded by the Clerk if the party who

requested the bailiff’s presence notifies the Clerk by 11:00 a.m. on the

date of the set-out that a bailiff will not be needed.

Small-claims case, transfer to civil division – see Transfer

Subpoena (plus service fee) (R.C. 1901.26(A)(4)) $ 6.00

Plus the witness’s mileage at 50.5¢ per mile and witness fees for:

One-half day or less $ 6.00

Full day $ 12.00

(A half day’s attendance means a day on which a witness is required

or requested to be present at the court or at some other legal proceeding

either before or after 12:00 p.m. (noon), but not both, regardless of

whether the witness actually testifies.) (R.C. 1901.26(F)(2))

(A full day’s attendance means a day on which a witness is required

or requested to be present at the court or at some other legal proceeding

both before and after 12:00 p.m. (noon), regardless of whether the

witness actually testifies.) (R.C. 1901.26(F)(1))

Third-party defendant, filing a claim against – see Joinder

Transfer of small-claims case to civil division $ 50.00

Transfer to or from another court – see Venue

APPENDIX C

Trustee, application for appointment of – see filing fee for new civil complaint

(The Clerk will also charge a fee equal to 2% of the money disbursed)

Venue, Change of

Case transferred to this court from another court – see filing fee

for a new civil complaint

Motion seeking a change of venue from this court to another court $ 20.00

Additional charge if the court grants a motion seeking a change of venue

from this court to another court $ 20.00

Video recording of court proceeding – see Copies

Warrant (plus service fee) $ 60.00

Wedding ceremony $ 40.00

Witness Fees – see Subpoena

APPENDIX D - SUMMONS

APPENDIX D

SUMMONS

TO SERVE AS A JUROR

2009 TERM - PART II-F

FIELD(First Name) FIELD(Last Name)

FIELD(Street Address)

FIELD(City, State, Zip)

Dear FIELD(Title) FIELD(Last Name);

You are hereby notified that your name has been drawn as a prospective juror to serve in the Delaware

Municipal Court. Jury trials usually last one day. YOU ARE HEREBY SUMMONED TO APPEAR

on the following dates: November 13, 14, and 25, 2009.

In order to reduce the time involved in selecting a particular jury panel on the day of trial, you are

requested to complete both sides of the enclosed questionnaire and return it to this office no later

than October 20, 2009, in the enclosed self-addressed stamped envelope.

As you will notice on the questionnaire, your personal information is at the bottom. This personal

information will not be provided to the attorneys or their clients. The rest of the questionnaire contains

questions required by law and will be provided to the attorneys and their clients. If you have any

concerns regarding this information please call me to discuss the situation.

The law requires that you appear when scheduled. However, since many cases are resolved prior to the

time of trial, for your convenience, we ask that you call 740-203-1513 after 5:00 p.m. the day before

you are scheduled to serve. You will reach an outgoing message machine that will advise you whether

or not you are still required to appear the following morning and, if so, the time to appear (usually

between 8:30 a.m. and 8:45 a.m.) If the message advises you that there will be jury service, you are

to call again the next morning before leaving to report to court since the message will be updated

if the court is advised that a jury panel is no longer needed. You can also check our website,

www.municipalcourt.org, to confirm your jury service attendance and to view a Juror Handbook which

will answer some of your questions.

Free parking is available, and I have enclosed a map for your convenience in locating the Justice Center.

Please be advised that this is the only notice you will receive from the Court. By law, you are

required to appear on the above-mentioned dates. I look forward to working with you.

Witness my signature this 22nd day of September, 2009.

____________________________________

Kathy Bauder, Assistant Jury Commissioner

jurycommissioner@municipalcourt.org

(740) 203-1507

APPENDIX D

APPENDIX E - JURY QUESTIONNAIRE

JURY QUESTIONNAIRE

DELAWARE MUNICIPAL COURT

DAVID P. SUNDERMAN, JUDGE

DAVID M. GORMLEY, JUDGE

www.municipalcourt.org

2009 TERM II-G

[ ] Mr. [ ] Ms. [ ] Mrs.

1. Name and age:

(Last) (First) (Middle Initial) (Age)

2. Home Address:

(Street) (City) (Zip Code)

2. Name of Spouse, if applicable:

3. Length of residence in Delaware County: Zip Code:

4. Do you have sufficient knowledge of the English language to read, speak, understand, and write it?

5. Education: Grades 1 - 12, including Vocational School:

College:

(Yrs.) Other training:

6. Your occupation, employer, and length of such employment:

(If retired, so indicate and state your last occupation and employer.)

7. Occupation and place of employment of your spouse or deceased spouse:

8. Marital Status: [ ] Married [ ] Single [ ] Divorced [ ] Ever Been Divorced

[ ] Separated [ ] Widow [ ] Widower

[ ] Number of Adult Children [ ] Number of Minor Children

9. Do you have any physical disabilities? [ ] Yes [ ] No If “Yes”, describe

10. Is there any assistance, device, or other service that you would need for accommodation of the disability?

[ ] Yes [ ] No If ?Yes”, please describe.

11. Do you have any uncorrected impairment of either sight or hearing? [ ] Yes [ ] No If ?Yes”, please describe.

12. Have you or a member of your family ever been convicted of a criminal offense? [ ] Yes [ ] No

If ?Yes”, please explain?

13. Have you or any member of your immediate family ever been a victim of crime? [ ] Yes [ ] No

If ?Yes”, when was this, what was the offense, was anyone prosecuted, and was there a conviction?

***********************************************************************************************************************************

Name:

Home Telephone:

Business Telephone:

E-Mail address:

APPENDIX E

14. Have you received a traffic ticket within the last three years? [ ] Yes [ ] No

If “Yes”, County:

State:

15. Have you or a member of your family ever been convicted of a serious traffic violation, i.e. operating under the

influence, leaving the scene of an accident, driving under suspension, or vehicular homicide? [ ] Yes [ ] No

If “Yes”, please indicate who, type of violation(s), and approximate date:

16. Have you ever owned a firearm? [ ] Yes [ ] No If “Yes”, what type of firearm and for what purpose did you own

it?

17. Do you drive an automobile? [ ] Yes [ ] No How many years

If “No”, do you have transportation available? [ ] Yes [ ] No

18. Have you ever served as a Juror? [ ] Yes [ ] No If ?Yes”, when, what Court, and what type of case?

19. Name of your attorney, if applicable?

20. Are you related to or are you a close friend of any law enforcement officer or security officer? [ ] Yes [ ] No

If “Yes”, who and what agency?

21. Have you had any law enforcement or legal training? [ ] Yes [ ] No

22. Have you ever had an unpleasant experience with a law enforcement officer? [ ] Yes [ ] No

23. Do you drink alcoholic beverages? [ ] Yes [ ] No

24. Do you hold any religious or moral convictions about the use of alcohol? [ ] Yes [ ] No

If “Yes”, explain

25. Have you or a member of your immediate family ever been employed by any governmental body?[ ]Yes[ ] No

If “Yes”, name of person and the governmental body

26. Do you get most of your news from: [ ] Newspapers [ ] Magazines [ ] Radio [ ] Television

Which newspapers/news magazines do you read regularly?

27. Which news programs do you listen to or watch most often?

28. Do you know of any reason why you would not be able to serve as a fair and impartial Juror?

***********************************************************************************************************************************

Date:

Signature:

(Please Continue On Reverse Side)

APPENDIX E

APPENDIX F - REQUEST FOR EXCUSE OR DEFERRAL

REQUEST FOR EXCUSE OR DEFERRAL

Juror Name:

Address:

Home Telephone:

Dates scheduled to serve:

Work Telephone:

If you have served on jury duty in the last twelve months, please indicate when and where:

If you are no longer a resident of Delaware County. List new full address.

County you now reside in:

I request to be excused from jury service for the following reason:

(Juror Signature)

If your request for excuse is medical in nature, have your doctor complete this section (attach documents

if necessary):

(Physician’s Signature)

PLEASE RETURN THIS FORM AND YOUR COMPLETED QUESTIONNAIRE BY MAY 12, 2009. IF YOU DO NOT HEAR FROM

THIS COURT, YOU MUST APPEAR AS SCHEDULED. IF YOU HAVE A QUESTION, CALL (740) 203-1507.

APPENDIX F

APPENDIX G - SUMMONS (FAILURE TO RESPOND - NO QUESTIONNAIRE - DATES

RESCHEDULED)

FIELD(First Name) FIELD(Last Name)

FIELD(Street Address)

FIELD(City, State, Zip)

SUMMONS

TO SERVE AS A JUROR

2009 TERM - PART II-F

Dear FIELD(Title) FIELD(Last Name);

You are hereby notified that your jury service in the Delaware Municipal Court has been rescheduled. YOU ARE

HEREBY SUMMONED TO APPEAR on the following dates: November 13, 14, and 25, 2009.

As previously indicated to you, the law requires that you appear when scheduled. However, since many cases are

resolved prior to the time of trial, for your convenience, I would remind you to call 740-203-1513 after 5:00 p.m.

the day before you are scheduled to serve. You will reach an outgoing message machine which will advise you

whether or not you are still required to appear the following morning and if so, the time to appear (usually between

8:30 a.m.and 8:45 a.m.) If the message advises you that there will be jury service, I would suggest that you also

call again the next morning before leaving to report to court since the message will be updated if the court is advised

that a jury panel is no longer needed.

Free parking is available and another map has been enclosed for your convenience in locating the Justice Center.

Please be advised that this is the only notice you will receive from the Court. By law, you are required to appear

on the above-mentioned dates.

I look forward to working with you over the next month.

nd

Witness my signature this 22 day of September, 2009.

___________________________________________

Kathy Bauder, Assistant, Jury Commissioner

e-mail: jurycommissioner@municipalcourt.org

(740) 203-1507

P.S. Our records do not reflect having received a completed questionnaire from you. Please take a moment

to complete the one enclosed and return it to me in the envelope provided on or before October 20, 2009.

APPENDIX G

APPENDIX H - REMINDER LETTER (FAILURE TO APPEAR AS SCHEDULED)

February 13, 2003

[First Name] [Last Name]

[Street Address]

[City, State, Zip]

Re: Jury Service

Dear [Salutation] [Last Name];

On [Date Summons Mailed], you were notified of your selection to serve as a juror in the Delaware

Municipal Court for [Dates Scheduled for Jury Service].

You neither called nor appeared for jury service on [Date Failed to Appear].

It is important that you appear when scheduled, as required by law. However, since many cases are

resolved on the eve of the trials, I would remind you to call 740-203-1513 after 5:00 p.m. the day before you are

scheduled to serve. A recording will advise you whether your appearance is still required the following morning.

Please let us know if you are unable to appear for some reason.

Sincerely,

pss

Pam Starling

Jury Commissioner

(740) 203-1503

APPENDIX H

FIELD(First Name) FIELD(Last Name)

FIELD(Street Address)

FIELD(City, State, Zip)

APPENDIX I - SUMMONS (FAILURE TO APPEAR - DATES RESCHEDULED)

SUMMONS

TO SERVE AS A JUROR

2009 TERM - PART II-F

Dear FIELD(Title) FIELD(Last Name);

You are hereby notified that your jury service in the Delaware Municipal Court has been rescheduled. YOU ARE

HEREBY SUMMONED TO APPEAR on the following dates: November 13, 14, and 25, 2009.

As previously indicated to you, the law requires that you appear when scheduled. However, since many cases are

resolved prior to the time of trial, for your convenience, I would remind you to call 740-203-1513 after 5:00 p.m.

the day before you are scheduled to serve. You will reach an outgoing message machine which will advise you

whether or not you are still required to appear the following morning and if so, the time to appear (usually between

8:30 a.m. and 8:45 a.m.) If the message advises you that there will be jury service, I would suggest that you

also call again the next morning before leaving to report to court since the message will be updated if the

court is advised that a jury panel is no longer needed.

Free parking is available and another map has been enclosed for your convenience in locating the Justice Center.

Please be advised that this is the only notice you will receive from the Court. By law, you are required to appear

on the above-mentioned dates.

I look forward to working with you.

nd

Witness my signature this 22 day of September, 2009.

___________________________________________

Kathy Bauder, Assistant Jury Commissioner

e-mail: jurycommissioner@municipalcourt.org

(740) 203-1507

APPENDIX I

APPENDIX J - INFORMATION FOR JURORS

INFORMATION FOR JURORS

JURY QUESTIONNAIRE:

Panel III-D

Please fully answer, date, and sign the Jury Questionnaire, and make every effort to return it no later than the date stated on the

Summons. For your convenience in returning the Questionnaire, a stamped and self-addressed envelope has been provided. Your

cooperation in answering all of the questions on the Questionnaire and returning it to us in a timely fashion is appreciated.

TERM OF SERVICE:

Your Jury Service will be on an intermittent and case by case basis on the dates of October 6, 8, 20, and 22, 2009. As explained

in the summons, you need to call the jury service answering machine prior to each of these dates for instructions.

REPORTING TIME:

You will be required to report for Jury Service on the Second Floor of the Delaware Municipal Court, Justice Center, 70 North Union

Street, Delaware, Ohio 43015, promptly at 8:30 a.m. on the designated dates unless otherwise instructed. If you are not selected

for service on the designated dates you will then be excused until your next date of service.

Please keep in mind that our jury trials most often are completed in one day, but they could

extend beyond that one day, or beyond 5:00 p.m., depending on the cases scheduled. Please

arrange your schedule accordingly for each of your jury service dates set above.

JURY SERVICE TELEPHONE NUMBER:

Many of the cases, both Civil and Criminal, are settled a day or two before the date of trial, therefore, eliminating the

need for Jurors to report for Jury Service. In an effort to avoid having Jurors make unnecessary trips to the Delaware

Municipal Court, Justice Center, and as a general convenience to Jurors, you are instructed to call the jury service

number 740-203-1513 after 5:00 p.m. the day prior to each of your assigned jury service dates. The recorded

message will inform you whether or not to report for Jury Service on the designated date.

In the event that you are not to report, you will be instructed to refer to your summons for your next scheduled date

to report. If you are to report for jury service you will be instructed as to the time to arrive at the Justice Center. You

should also call this number prior to your departure for the Justice Center on the day you are to appear for any

updated instructions.

JURY SERVICE CONFIRMATION ON WEB SITE:

Our web site is www.municipalcourt.org. Click on juror information, then click on juror confirmation. Follow the same instructions

as when using the jury service telephone number.

JUROR’S HANDBOOK:

On our web site we have a juror’s handbook that will answer questions that you may have prior to your scheduled

dates to appear for jury service. You will find it under juror information, juror handbook.

EMERGENCY OR ILLNESS:

If you should become ill, or, if there is a death or a grave illness in your family or if a similarly serious problem should arise, you

or some responsible person on your behalf must call the Judge’s office and secure an excuse from reporting on the designated

date for Jury Service. Only Judge Sunderman or Judge Gormley are authorized to grant this type of excuse from Jury Service.

Please direct all calls to Pam Starling, Jury Commissioner, at 740-203-1503 or Kathy Bauder, Assistant Jury Commissioner at 740-

203-1507.

SCHEDULE CONFLICT:

APPENDIX J

If you know of days during your scheduled term of service when you cannot be present for Jury Service, as, for example, a business

trip or a vacation, you must notify Judge Sunderman or Judge Gormley, in writing, and secure a temporary excuse from reporting

on the designated date. Again, only Judge Sunderman or Judge Gormley are authorized to grant this type of temporary excuse

from Jury Service. Please direct all correspondence to Pam Starling, Jury Commissioner, or Kathy Bauder, Assistant Jury

Commissioner, Delaware Municipal Court, Justice Center, 70 North Union Street, Delaware, OH 43015.

CHILD CARE CHALLENGE:

If you have a challenge with child care and you have exhausted all known possibilities you could contact Action for Children and

they may be able to provide a solution. We do not endorse or recommend Action for Children and they are in no way connected

with the Court. The phone number for Action for Children is 740-369-0649 and their website is www.actionforchildren.org.

SIGN-IN SHEET:

Please make sure that you sign the attendance sheet each time you appear for jury service. This serves as a record of your service

for employer verification and is used to calculate payment for jury service. If you are in need of verification for your employer,

please see the Jury Commissioner or Bailiff. If your address has changed from that which you provided on your jury service

questionnaire (you must live in Delaware County to serve on a jury) or if your name, as it appears on the sign-in sheet, is incorrect

or has changed, please inform the Jury Commissioner or Bailiff as soon as possible.

EMERGENCY EXITS:

As you are ushered from the Jury Assembly Room to the Courtroom, please take the time to note the various Emergency Exits.

SCHEDULE OF FEES:

Jurors who appear for jury service and are selected to be on the jury panel will receive $40.00 for each day they are on the panel.

Jurors who appear for jury service and are not selected to be on the jury panel will receive $25.00 for each day they appear but

are not seated. No provision has been made by the Ohio Legislature for the payment of mileage. All jury fees will be mailed

following the completion of your term of jury service.

An Exit Survey will be mailed to you, along with your check for jury service at the conclusion of your term of jury service. Please

take the time to complete the survey and return it to the court. We are interested in any comments or suggestions you may have

regarding the jury procedure and/or service you received.

MISCELLANEOUS:

Please wear the Juror Badge issued to you while in the Justice Center. If you should lose your badge, the Jury Commissioner or

Bailiff can issue you a new one. Please return the badge at the time you are excused.

SMOKING IS NOT PERMITTED IN THE JUSTICE CENTER. There is some waiting time during trials so you might want to bring

something to occupy your time.

The staff of Delaware Municipal Court is here to help you. Please do not hesitate to ask for assistance.

DAVID P. SUNDERMAN, JUDGE

DAVID M. GORMLEY, JUDGE

APPENDIX J

APPENDIX K - JUROR’S HANDBOOK

THE DELAWARE MUNICIPAL COURT

JUROR’S HANDBOOK

JUDGE DAVID P. SUNDERMAN

JUDGE DAVID M. GORMLEY

Trials by jury have been an important part of the American legal system for over two centuries. They are an integral part of the

laws which protect the fundamental rights of all citizens. Jury Service is an important and rewarding service which you are

summoned to provide, by the court, for your county. Through your service, the people of Delaware County participate directly in

the administration of justice.

How was I chosen for jury service?

Your name has been drawn at random from a list of registered voters in Delaware County. The random selection process is

designed to produce a cross section of the community. Men and women over 18 years of age and from all walks of life have an

equal opportunity to be called for jury service. Such persons must be U. S. citizens, live and vote in Delaware County, Ohio, and

be able to read, hear, and speak the English language. Assisted listening devices are available for the hearing impaired.

How am I informed that I have been chosen as a prospective juror?

You will receive, by regular mail, a summons to serve as a juror, a jury questionnaire, a jury information sheet, a map, and a court

security information sheet. The jury summons will state the dates you are required to report for jury service, the date you must

return the completed questionnaire to the judges office, and the jury service number you must call the night before each of your

scheduled jury dates for instructions regarding your jury service.

Do I have to respond to the summons to jury service?

Yes. The summons to jury service is an official court summons. If you do not respond or report for jury service without a lawful

excuse from the Court, you could be brought before the Court for possible contempt of court proceedings. If found in contempt

by the Judge, the Court may impose a fine and/or other punishment as provided by Ohio law.

I received a jury summons but I no longer live in Delaware County. What do I do?

To be eligible to serve in Delaware County, you must reside in Delaware County. If you have moved from Delaware County, please

fill out the questionnaire with your name, new address, county you now reside, and your phone number if we have any questions.

Return the questionnaire in the enclosed self-addressed envelope. You may want to contact the Board of Elections to make sure

they know that you have moved outside of Delaware County.

I received a jury summons for a deceased family member. What should I do?

W e apologize for any undue hardship this has caused. Please mark the outside of the summons “DECEASED” and return it in

the enclosed self-addressed envelope. You may want to contact the Board of Elections to make sure they have been notified that

the family member is deceased.

I have been called several times for jury service and yet I know a lot of people who have never been called. Why?

The drawing of prospective jurors each year is a completely RANDOM process. There really isn’t a good explanation of why some

people are called more than once when others haven’t been called at all.

What is the jury service number?

Since many cases are resolved prior to the time of trial, for your convenience, we ask that you call 740-203-1513 after 5:00 p.m.

the day before you are scheduled to serve. You will reach an outgoing message machine which will advise you whether or not you

are still required to appear the following morning, and if so, the time to appear (usually by 8:30 a.m.). If the message advises you

that there will be jury service, you are to call again the next morning before leaving to report to the Justice Center since the

message will be updated if the Court is advised that a jury panel is no longer needed.

APPENDIX K

Can I check the status of my jury service on-line?

Yes. Our web site is www.municipalcourt.org. Click on juror information, then click on juror confirmation. Follow the same

instructions as when using the jury service number.

What if I can’t perform jury service right now?

Your term of jury service might disturb your regular pattern of work and other activities. If this disruption causes you genuine

hardship, not just inconvenience, it may be possible for you to defer your service to another time. If you are not available due to

extreme hardship, on any of the dates you are scheduled to appear, you may request one postponement by telephoning the

Administrative Assistant and Jury Commissioner at 740-203-1507. Please understand that the new law which permitted the

increase in juror compensation, (Delaware County was the first county to implement the increase), also eliminated the exemptions

to jury service. Therefore, the Court can only consider cases of extreme hardship for possible excuse from jury service.

You won’t be excused because jury service is inconvenient or because you have a busy schedule, but you may be for reasons such

as a physical ailment. If you have special conflicts on particular days during the term, the Court may excuse you on those days

only.

What about my job?

Your employer can’t fire, demote, or otherwise penalize you for missing work while performing jury service. Many employers will

continue to pay your salary while you are in jury service. Contact your employer to find out what the policy is at your job.

Will I be reimbursed for serving on a jury?

You will receive $40.00 per day for each day you are required to report and actually are seated on a jury trial. Jurors who appear

for jury service but are not seated will receive $25.00.

How long will I be in jury service?

Jurors are scheduled to appear up to a maximum of five times over the course of a three-week period. Your summons will indicate

the exact dates of the month you are scheduled to serve.

What if an unexpected emergency keeps me from coming to the Justice Center while I'm on a jury?

Jurors must be prompt in arriving at the Justice Center. It is very important that all jurors report each day they are told to report

and that they be on time. Your absence may delay a trial. If you have an emergency (such as a sudden illness or a death in the

family), call the Court immediately at 740-203-1507.

Where do I park?

Free parking is available in the parking lot on the south side of the Justice Center. Handicapped parking is available right by the

entrance. The main doors have automatic open buttons. They are heavy doors, so if you need assistance opening them, look for

the large square buttons with the handicap symbol on them. Then simply push the button and the doors will open automatically.

What do I do when I arrive at the Justice Center?

In order to provide you with a safe environment within which to perform your civic duties as a juror, appropriate security

arrangements have been made. Upon arrival, you will be required to pass through the security control point located at the front

door. This control point is equipped much like a security control point found at airports. It includes a walk-through metal detector

and an x-ray machine for packages and other tote items. You will then be instructed to proceed to the second floor to check in

with the bailiff. The bailiff on the second floor will be at a table just opposite of the elevator. You must check in with the bailiff,

receive a juror badge, and then be escorted to the jury assembly room by the jury commissioner. Once in the jury assembly room

you will be instructed to sign the sign-in sheet on the table and you will be shown the bathroom facilities and where the coffee

machine is located. On your first appearance, if time permits, you will be shown a short video that will give you information on trial

proceedings.

How will I know what to expect and what to do during my jury service?

In addition to the information in this handbook, the bailiff and the jury commissioner are available to answer any questions or assist

you in any way.

What hours will I serve?

APPENDIX K

You should report to the Justice Center on the dates shown on your jury summons. The jury service number and the on-line jury

confirmation will instruct you on the time to report for each jury date. On days that you report for jury service, you can expect to

be at the Court during its normal hours. If not selected for a jury, you may be able to leave early. Jurors will be given a lunch break

and may be given other breaks during a trial. On occasion, a trial will continue beyond the Court's normal working hours. If this

happens, you may need to arrange your schedule to allow you to stay longer. There is a phone in the jury room which you may

use to keep your family informed as best as possible.

Is there anything I can do to make my jury service more comfortable, convenient, and enjoyable?

Certainly! While efforts are made to reduce delay and avoid waiting time, you may have to wait awhile at the Justice Center before

you find out whether you have been chosen to actually sit on a jury. So bring a book or other quiet activity. Solve a crossword

puzzle, write a letter, or get to know your fellow jurors. Remember that as a juror, you are a vital part of the court system. Part of

the job of many court employees, such as the bailiffs and the jury commissioner, is to help make your jury service comfortable and

convenient. Don't be afraid to ask them for help.

What should I wear for jury service?

Wear comfortable clothing that enhances the dignity of the Court and emphasizes the seriousness of your responsibility. Shorts,

hats, t-shirts, sweat suits, tank tops, or other such informal attire is not considered appropriate in the courtroom.

Are pagers and/or cell phones permitted?

Yes. Pagers and cell phones are permitted in the Justice Center. However, they must be turned off or put on vibrate while in the

courtroom.

Will I be allowed to make phone calls while on jury service?

Yes. Phones are available in designated juror areas. Your cell phones can be utilized in those areas also.

Is reading material provided to pass the idle time?

Yes. You may also bring your own reading materials, but you must take them with you when you leave.

Is smoking permitted?

Yes. Smoking is only permitted in designated juror smoking areas during breaks or lunch.

Who do I contact if I have questions while at the Justice Center for jury service or if I have a special need?

Contact the bailiff on duty in the hall or the jury commissioner while you are waiting in the jury assembly room. Once you are seated

as a juror you should contact the bailiff who is working in the courtroom.

Do you provide work excuses?

Yes. When you arrive in the morning and while checking in, advise the hall bailiff or the jury commissioner.

When do I get paid?

Upon completion of your term of jury service, the jury commissioner will total your accumulated service and send you a check

within approximately four to six weeks after your term of service.

Can I leave the jury room?

Yes. However, you cannot leave without the permission of the bailiff. The reason for this is to keep you from being contaminated

by attorneys, witnesses, victims, defendants, etc...with whom you might come in contact around the Justice Center. We provide

restrooms and other necessities so that you do not have to leave the jury rooms.

Is it possible that I might report for jury service but not sit on a jury?

Yes. The parties involved in a case generally seek to settle their differences and avoid the expense and time of a trial. Sometimes

the case is settled just a few moments before the trial begins. So even though several trials are scheduled for a certain day, the

Court doesn't know until that morning how many will actually go to trial. But your time spent waiting is not wasted--your very

APPENDIX K

presence in the Court encourages settlement.

How are jurors chosen to sit on a jury?

W hen a trial is ready to begin, the bailiff calls the potential jurors into the courtroom. The bailiff asks the prospective jurors to hold

up their right hands, and swear or affirm that they will truthfully answer the questions about to be asked of them. The Judge will

then tell them the names of the parties and their attorneys and briefly explain the nature of the case. As a prospective juror, you

will be questioned by the Judge and the trial attorneys. This process, referred to as voir dire (pronounced "vwar deer"), is conducted

to determine whether you have opinions or attitudes which would bias you in favor or disfavor of either side in a case. While some

questions may be personal in nature, they are not intended to embarrass you even if that becomes the result. They are asked to

determine if there is a reason you should not sit on the case. However, if you feel that a particular question is too personal or would

tend to cause embarrassment, you may ask the Judge whether you have to answer the question. If the question is one you are

required to answer, arrangements can be made to hear your answer out of the presence of the other jurors.

The Judge will ask if you are related to anyone involved in the case, have any financial or other interest in the outcome of the case,

have formed or expressed an opinion, or have any personal bias or prejudice that might affect how you decide the case.

The Judge then will randomly draw eight names for a criminal case or six names for a civil case to be seated in the jury box. The

attorneys for each side will ask you some questions. Allowing both sides to participate in selecting the jury gives the parties the

opportunity to feel that the jury will be fair and impartial when it decides the case. Being excused from a jury in no way reflects on

your character or your competence as a juror, so you should not feel offended or embarrassed if your name is removed.

Jurors may be excused "for cause" which are reasons such as a personal or financial interest in the outcome of the case, a family

relationship to a party or counsel, or any other reason which would impair their ability to be fair and impartial. In addition, each side

on a case may excuse up to three jurors each by what are known as "peremptory challenges" which may be made without any

reason. Please understand that any juror who is challenged by a party peremptorily, must be excused by the Court. Jurors who

are excused for one case may still be eligible to sit on another.

The remaining eight jurors for a criminal case or six jurors for a civil case then swear that they will hear the case before them and

give a verdict they believe to be true. Once selected as a juror, you will need to listen closely to the Judge, witnesses, and attorneys,

consider the evidence presented, and make an intelligent and just decision based on the evidence presented to you following the

instructions of law provided by the Court.

What are alternate jurors?

Sometimes, when the Judge believes that a case is likely to last for more than a day or two, additional jurors will be chosen from

those summoned for jury service. They will be questioned and challenged like other prospective jurors. The additional jurors are

chosen to avoid having to retry the case should one or more jurors be excused from the jury during the trial for an emergency (such

as illness), leaving too few jurors to decide the case. Throughout the trial, all jurors will sit together, paying careful attention to all

the evidence. After closing argument, and before the jury retires to the jury room to decide the case, the Judge will excuse the

alternate from further service on the case. After the trial is completed, the alternate may call the Court to find out the verdict on

the case.

What are my responsibilities now that I'm part of a jury?

In any trial, two kinds of questions will have to be decided at various times. These are questions of law and questions of fact. The

Judge decides the questions of law. You decide the questions of fact. After you have decided the questions of fact, you will apply

the law to the facts as directed by the Judge at the end of the trial.

What is a "question of law?"

Questions of law involve the determination of what the law is. They may be about procedural matters (what information can be

admitted as evidence, what kind of questions can be asked, which witnesses can appear, and what they can testify about). Or they

may involve questions of substantive law, which create, define, and regulate the rights of parties.

What is a "question of fact?"

Quite simply, it's deciding what really happened in a case. Don't be surprised if the evidence given by both sides is conflicting or

if the testimony given by one witness contradicts another. After all, if everyone was in agreement about what happened and what

should be done about it, the dispute probably wouldn't be in court, and a jury probably wouldn't be needed. Your job is to listen to

all the testimony, consider all the evidence, and decide what you think really happened.

APPENDIX K

Who will be in the courtroom? What will they be doing?

A jury trial involves many people. The list below explains who they are and what they'll be doing.

Judge

The Judge presides over the trial, instructs the jury, makes rulings on points of law, and has general charge over the proceedings

of the trial and its participants.

Plaintiff (Civil case)

In a civil case, the person who brought the case to Court is called the Plaintiff.

Defendant (Civil case)

The person being sued in a civil case is called the Defendant.

Prosecuting Attorney(Criminal case)

Attorney who is representing the people of the State or local political subdivision.

Defendant (Criminal case)

A person who has been charged with a crime is the Defendant in a criminal case.

Attorneys or Counsel

Attorneys representing the Plaintiff, Defendant, or the government in a criminal case are also referred to as counsel. Depending

on who they represent and what court you are in, you may hear them called Counsel for the Plaintiff, Plaintiff's Attorney, Counsel

for the Defendant, or Defense Attorney. An attorney representing the government in a criminal case is called the Prosecuting

Attorney.

Bailiff

The bailiff opens Court, is responsible for keeping order and maintaining the security of the Court, recording and logging all trial

proceedings, and helps the Judge and the jury as needed.

Witnesses

Each side in a trial will probably have a number of witnesses who have information about the dispute. They present testimony under

oath concerning what they have seen or know about the facts of the case. Very often, the Judge will ask them to wait outside the

courtroom until it is their turn to testify. This is done so they won't hear each other's testimony and be influenced by it.

What happens during a trial?

The trial will begin with opening statements by the attorneys for both sides explaining their client's position and outlining the

evidence they expect to present that will support their claims. These statements are not considered evidence but are an

introduction to claims which must be proven by the presentation of evidence.

The examination of witnesses and presentation of evidence will begin after opening statements. The witnesses for the Plaintiff are

then called and questioned by the Attorney for the Plaintiff and cross-examined by the Attorney for the Defendant. After cross

examination, the Plaintiff's attorney may reexamine some of the witnesses. After all the Plaintiff's witnesses have been called and

all the Plaintiff's evidence has been presented, the attorney will tell the Judge that the Plaintiff rests.

W itnesses for the Defendant may then be called. This time, the Defendant's attorney questions the witnesses, and the Plaintiff's

attorney cross-examines them. When all the Defendant's witnesses and evidence have been presented, the defense will rest. After

the Defendant has finished, the Plaintiff has the right to offer testimony in reply.

Attorneys may make objections during the trial in an effort to limit the testimony being presented. Objections are a legal and proper

part of the trial process. If the Judge sustains the objection, the evidence or testimony is not proper, and if he overrules the

objection, the line of questioning may continue.

APPENDIX K

Then the attorneys make their closing arguments. The closing arguments let each attorney tell the jury what they think the evidence

proves and why their client should win. These closing arguments may help jurors recall many details of the case, but they are not

evidence. The Plaintiff's attorney speaks first, followed by the Defendant's attorney. Finally, the Plaintiff's attorney speaks again

and closes the case.

The Judge reads the jury instructions to the jury. Then the jury begins its deliberations in the jury deliberation room.

What are jury instructions?

Jury instructions tell the jury what the laws are that govern a particular case. The jurors must accept and follow the law as instructed

by the Judge even though they may have a different idea about what the law is or ought to be.

Who awards damages in a civil case?

In a civil case, the jury not only decides on a verdict for one side or the other, but also awards damages. That is, if the jury

determines that an award of money should be made, the jury decides how much money should be paid.

How are criminal cases tried?

Criminal cases are very similar to civil cases, except instead of a Plaintiff, there is a Prosecuting Attorney. The Prosecuting Attorney

may represent either the State or a City, County, or Town.

Our Court hears Misdemeanor criminal and traffic cases.

Who sets the punishment in criminal cases?

If the jury finds the Defendant guilty in a criminal case, the Judge decides punishment based on the law pertaining to the crime the

Defendant was found guilty.

Why do the attorneys object to certain statements or evidence?

An important part of an attorney's job is to protect the clients' rights during a trial. This includes making sure that the only evidence

presented during the trial is evidence that is proper, relevant, and allowed by law. So if evidence is submitted that the attorney feels

is improper, or if the attorney feels that the other side is asking questions that are unlawful, the attorney will call out "Objection!"

By doing this, the attorney is asking the Judge to rule on whether the law allows that particular piece of evidence or statement or

question to be admitted. If the Judge thinks it should be admitted, the Judge will say, "Objection overruled." If the Judge agrees

that the evidence in question is improper, the Judge will say, "Objection sustained." How often an attorney raises objections during

the trial shouldn't bias you against that attorney's case.

Why is the jury sometimes asked to leave the courtroom in the middle of a trial?

Occasionally the Judge may decide to send the jury from the courtroom in the middle of a trial so that arguments may be presented

to the Court concerning an objection, discuss points of law or whether certain evidence can be admitted, or other legal issues. This

is done outside the presence of jurors to avoid possible prejudice. At other times, the attorneys may gather at side bar in order to

discuss a legal point out of your hearing without having you leave the courtroom. These activities, and the Judges ruling on

objections are required to be done outside of your hearing and, therefore, should not cause you to give either side more favorable

consideration. You will be called back to the courtroom when the Judge's decision is made.

What should I do when testimony is stricken from the record?

You must disregard that testimony. Sometimes the jury hears testimony that the Judge later decides they should not have heard.

The Judge will tell the jury to consider the case as if they had never heard it. You must follow the Judge's instructions if the parties

in the case are to receive a fair trial.

Can I talk to anyone about the trial while it's going on?

No. While a trial is in progress, jurors must not discuss the case with friends, relatives, or trial participants. Do not even discuss

the case with your fellow jurors until you begin your deliberations. If you are approached about the case, report the incident to the

Bailiff immediately. Jurors must not become involved in independent investigations about the case. When it becomes necessary

to inspect a scene, the jury will do so as a group under the court's supervision only. Jurors must be impartial and avoid comments

or expressions during the trial which convey their feelings or opinions about the case. W hen the trial is over, you can discuss it

APPENDIX K

with anyone if you want to, or you may keep silent if you prefer.

Can I watch news reports of the trial or read newspaper accounts of it?

No, not as long as the trial is still going on.

What if I accidentally hear something about the trial outside the courtroom, or if someone contacts me about the trial

while it is still going on, or if I realize during the trial that I have some special information that relates to the case?

Ask the bailiff to tell the Judge immediately what has happened. Tell no one about the incident except the bailiff or the Judge.

What if I need a break during the trial?

Jurors are given lunch breaks and may be given other breaks during a trial. If it is absolutely necessary that you take a break for

some reason at any other time during the trial, tell the bailiff or the Judge. But note that these requests are highly unusual and

should be made only if absolutely necessary.

What happens after the closing arguments?

After the attorneys give their closing arguments, the Judge will instruct the jury concerning the law and its application to the

particular case. The Judge is required to give these instructions to you orally, but he will also prepare a written copy of the same

which you can take with you into the jury room. The jurors will then proceed to the jury room to begin deliberations. "Deliberation"

is the process the jury uses to reach its verdict. During deliberations, the jury will discuss evidence and review law and facts.

The jurors must first select a foreperson whose job it is to insure that the deliberations are orderly and that everybody gets a chance

to discuss the case. You will then discuss the evidence and attempt to arrive at a fair and impartial verdict based on the facts

presented during the trial and the law as given by the judge in his jury instructions. When deliberations are complete, you will return

to the courtroom for the presentation of your verdict.

Will anyone be in the jury room besides the jury?

No. But if you have any questions or need any help, the bailiff will be near by.

What's the first thing we do?

The first thing you should do is elect one member of the jury to preside over the deliberations and be the foreperson. The

foreperson sees that everyone has an opportunity to participate and that the discussions remain orderly. The foreperson takes part

in deliberations and votes on the verdict along with everyone else.

What if we don't understand the jury instructions?

The Judge will send written copies of the jury instructions to the jury room with you. If you don't understand the instructions, you

may ask the Judge to explain them to you. Your questions must be put in writing and then ask the bailiff to give them to the Judge.

The Judge will discuss the questions with the attorneys before answering them if he/she is able.

How should we conduct our deliberations?

Each juror may have a different opinion at the start of deliberations. To reach a unanimous decision, some jurors may have to

change their opinion. You should keep an open mind; listen carefully to other people's opinions, and the reasons for their opinions.

You should be prepared to tell the other jurors what you think and why you think it. Be fair and carefully consider what your fellow

jurors are saying. Do not let yourself be intimidated into changing your opinion, and do not intimidate anyone else. Change your

opinion only if you genuinely agree with what another juror is saying. After a full discussion of the issues, the jury should be able

to reach a decision that each juror can agree to with a clear conscience.

Do we all have to agree?

In a criminal trial every juror must agree on a unanimous verdict. In a civil trial a unanimous verdict is not required.

What should we do after we've reached our verdict?

The foreperson will write down the jury's verdict on a verdict form prepared by the Judge. All jurors must sign it, and then notify

the bailiff that a verdict has been reached. The bailiff will notify the Judge, who will call everyone, including the jury, back to the

APPENDIX K

courtroom. The Judge will ask for the jury's verdict and read it out loud.

The Role of the Jury is Essential:

The jury is a critical element in our system of justice. You should be proud of your service as a juror. It is, without a doubt, one of

the highest expressions of citizenship. Your participation in the selection of the jury panel is essential, regardless of whether you

are actually selected to serve on a case. Whether you ever get to sit on a case or not, the court and the litigants sincerely

appreciate your willingness to serve your community.

APPENDIX K

APPENDIX L - THANK YOU LETTER

DELAWARE MUNICIPAL COURT

JUSTICE CENTER • 70 NORTH UNION STREET • DELAWARE, OHIO 43015-1939

DAVID P. SUNDERMAN DAVID M. GORMLEY KEVIN L. PELANDA

Judge Judge Magistrate

September 3, 2009

FIELD(First Name) FIELD(Last Name)

FIELD(Street Address)

FIELD(City, State, Zip)

Dear FIELD(Title) FIELD(Last name):

We would like to take this opportunity to thank you for your service as a juror for the Delaware

Municipal Court. Jury service can be inconvenient and burdensome. This is particularly true given this

court's heavy trial docket. Your willingness to serve is essential to our criminal justice system. You can

be proud of your commitment in going above and beyond the call of duty.

Service to the community as a juror is one of the highest expressions of citizenship and should be looked upon as

a privilege that helps the judicial system work as it is intended. We recognize that all court systems have room for

improvement. In an effort to improve the way we provide service to the community, the court routinely solicits

comments from recent jurors. It would be helpful to hear your thoughts and reactions to the way the court conducts

its business. We would greatly appreciate receiving your candid comments or criticisms concerning any facet of

our operation.

Suggestions you might have regarding issues not addressed on the exit survey would also be welcomed. Please

return your completed exit survey in the enclosed self-addressed stamped envelope at your earliest convenience.

We sincerely hope that your service as a juror was both meaningful and interesting. Thank you on behalf of all

the citizens of Delaware County for fulfilling your obligation as a juror and taking the time to complete the exit

survey.

Very truly yours,

David P. Sunderman, Judge

David M. Gormley, Judge

APPENDIX M - JUROR EXIT SURVEY

DELAWARE MUNICIPAL COURT

www.municipalcourt.org

JUROR EXIT SURVEY 2009 TERM PART II-D

Please take the time to respond to this survey. Your answers and opinions to the questions will assist us in monitoring

the current operation of the jury system and to identify areas for improvement. DO NOT SIGN YOUR NAME. ALL

RESPONSES ARE VOLUNTARY AND CONFIDENTIAL.

1. Have you been called for jury service previous to this term? [ ] Yes[ ] No

If yes, indicate the number of times previously called: _____ times

2. During this period of service, how many times were you called to report to the

courtroom for the jury selection (voir dire) process? _____ times

3. Were you seated as a trial juror? [ ] Yes[ ] No

4. Did you find the questioning of jurors by attorneys hard to understand or difficult to tolerate? [ ] Yes[ ] No

5. Were there too many conferences at the bench between the judge and attorneys? [ ] Yes[ ] No

6. Did you understand the law as explained by the judge? [ ] Yes[ ] No

7. Did the judge appear fair and impartial? [ ] Yes[ ] No

8. Should the judge have instructed the jury on the law prior to testimony being heard? [ ] Yes[ ] No

...prior to closing statements?

[ ] Yes[ ] No

9. Should the judge have done anything different? [ ] Yes[ ] No

Please specify:______________________________________________________________________________

_________________________________________________________________________________________

10. Were the number of breaks adequate? [ ] Yes[ ] No

11. Were the lunch breaks adequate? [ ] Yes[ ] No

12. Were the refreshments that were available adequate? [ ] Yes[ ] No

13. Were the deliberations of the jury

a. Too long? [ ] Yes[ ] No

b. Confusing? [ ] Yes[ ] No

c. Other? [ ] Yes[ ] No

Please specify: ______________________________________________________________________

14. Were you paid by your employer during jury service? [ ] Yes[ ] No

15. Are you able to keep the payment you are receiving for jury service? [ ] Yes[ ] No

16. Did you have an occasion to speak with the jury commissioner prior to

or during your term of jury service?

[ ] Yes[ ] No

17. If yes, do you feel your questions or concerns were answered? [ ] Yes[ ] No

18. What was your general impression after your telephone contact?

[ ] Efficient [ ] Inefficient

[ ] Friendly [ ] Unfriendly

[ ] Professional [ ] Unprofessional

[ ] Other: __________________________________________________________________________

APPENDIX M

How were you greeted when you appeared for jury duty?

[ ] Professionally [ ] Unprofessionally

[ ] With courtesy [ ] Lack of courtesy

[ ] Friendly [ ] Unfriendly

[ ] Other: _________________________________________________________________________

19. Did you have contact with the staff of the Clerk’s Office? [ ] Yes[ ] No

a. Were they helpful? [ ] Yes[ ] No

b. If not, please specify: _________________________________________________________________

20. How would you rate the following:

1 - Excellent Video-tape orientation ___________

2 - Good Written orientation materials ___________

3 - Adequate Treatment by court personnel ___________

4 - Poor Personal safety ___________

Physical comforts

___________

Scheduling of your time

___________

21. Was jury service meaningful to you? [ ] Yes[ ] No

Why?

_______________________________________________________________________________________________

_________________________________________________________________________________________________

22. What impressed you most about your jury service? __________________________________________________

_________________________________________________________________________________________________

23. What disappointed you most about your jury service? ________________________________________________

_________________________________________________________________________________________________

24. After having served as a juror, what is your impression of jury service?

[ ] The same as before, favorable.

[ ] The same as before, unfavorable.

[ ] More favorable than before.

[ ] Less favorable than before.

OPTIONAL STATISTICAL INFORMATION:

Age: (circle) 18-20 21-30 31-40 41-50 51-60 61-70 Over 70

Gender: (circle) Female Male

Race:

_____________________________

Educational Level:

(circle the number of years completed)

Elementary and High School College Graduate School

1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 1 2 3 4 5 6

Occupation:

___________________________________________________________________________________

Total personal (not family) income? Please check range below:

_____ Less than $10,000 _____ $40,000 - $49,999 _____ $80,000 - $89,999

_____ $10,000 - $19,999 _____ $50,000 - $59,999 _____ $90,000 - $99,999

_____ $20,000 - $29,999 _____ $60,000 - $69,999 _____ More than $100,000

_____ $30,000 - $39,999 _____ $70,000 - $79,999

APPENDIX O

FACSIMILE FILING COVER PAGE

RECIPIENT INFORMATION:

NAME OF COURT:

FAX NUMBER:

SENDING PARTY INFORMATION:

NAME:

SUPREME COURT REGISTRATION NO. (if applicable):

OFFICE/FIRM:

ADDRESS:

TELEPHONE NUMBER:

E-MAIL ADDRESS (if applicable):

CASE INFORMATION:

TITLE OF THE CASE:

CASE NUMBER:

TITLE OF THE DOCUMENT:

JUDGE:

FILING INFORMATION:

DATE OF FAX TRANSMISSION:

NUMBER OF PAGES (including this page):

STATEMENT EXPLAINING HOW COSTS ARE BEING SUBMITTED, IF APPLICABLE:

APPENDIX O - NOTICE OF FILING EXHIBIT

APPENDIX O

IN THE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO

Justice Center, 70 North Union Street, Delaware, Ohio 43015

John Smith, :

Plaintiff, :

-vs- : Case No. 08-TRC-123457

Bill Jones, : Judge

(In the alternative a notation

Defendant. : here that the case is not yet

assigned)

PLAINTIFF SMITH’S NOTICE OF FILING EXHIBIT “G”

TO

PLAINTIFF SMITH’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS

Plaintiff Smith, through counsel, hereby files Exhibit “G” to Plaintiff Smith’s Response to

Defendant’s Motion to Dismiss. The referenced pleading was filed by facsimile transmission with the

Court on [date]. Exhibit “G” could not be accurately transmitted by fax and is therefore being timely

filed as a separate document with the Court pursuant to Local Rule XXX.

Respectfully Submitted,

CERTIFICATE OF SERVICE

Attorney Name (Sup. Ct. Reg. No.)

Office/Firm

Address

Telephone

Facsimile

E-mail

Counsel for Plaintiff John Smith

I certify that a copy of this Notice of filing Exhibit “G” was sent by ordinary U.S. mail on

[date] to counsel for Defendant Bill Jones, [name and address of recipient].

Attorney Name

Counsel for Plaintiff John Smith

APPENDIX O

MOTION/RECOMMENDATION/ENTRY FOR ADMISSION TO MENTAL HEALTH DOCKET

IN THE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO

STATE OF OHIO, :

vs. : Case No. __________________________________

______________________________________, :

Defendant.

Motion/Recommendation/Entry for Admission to Mental Health Docket

Motion for Admission

Now comes the Defendant by and through counsel and moves the court to admit this/these cases(s) to the Mental

Health Docket for all further proceedings. Counsel has reviewed the Local Rule for the Mental Health Docket and

believes that the Defendant is eligible and a good candidate for admission. The recommendation by the Mental

Health Docket Coordinator is inscribed below.

_____________________________________

Attorney for Defendant

_____________________________________

Address

_____________________________________

City/State/Zip

_____________________________________

Print name SC#

_____________________________________

Telephone

Facsimile

Recommendation by Mental Health Docket Coordinator

[ ] Upon screening and assessment, I find that the above named Defendant is eligible according to local rule, and

I recommend admission to the Mental Health Docket.

[ ] Upon screening and assessment, I do not recommend Defendant for admission to the Mental Health Docket.

______________________________________

Ed Klages, LPCC

Mental Health Docket Coordinator

Journal Entry for Hearing for Admission to Mental Health Docket

The matter is set for Wednesday, _________________, 2008, at 4:00 p.m. in Courtroom A for hearing on motion

for admission to the Mental Health Docket. The matter shall remain on the regular docket unless and until

admission is granted. If the Defendant is admitted, the matter shall be transferred to the Mental Health Docket for

all further proceedings.

_______________________________________

Judge

cc:

Prosecutor

Attorney for Defendant

Mental Health Docket Coordinator

APPENDIX P

IN THE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO

Justice Center ! 70 North Union Street ! Delaware, Ohio 43015 ! Voice (740)203-1550 Fax (740) 203-1599

_____________________________________, :

Plaintiff, : Case No. ____________________________________

vs. : Judge Sunderman

Judge Gormley

_____________________________________, : Magistrate Pelanda

Defendant. : Referral to Mediation

______________________________________________________________________________

The parties shall review Local Rule 20A available at www.municipalcourt.org pursuant to which this matter is

referred for mediation.

On or before [Date] the parties shall submit to the court the results of mediation. If the parties fail to submit a report, or if

either party fails to attend mediation, the court shall conduct a show cause hearing at which the parties and counsel shall be

required to appear.

Within 14 days the parties shall confer, select a mediator from the Court’s roster available at www.municipalcourt.org, and

file notice of the selection with the court. The court may assign a mediator if the parties fail to timely report selection of a

mediator.

Mediation sessions shall be scheduled by agreement of the parties with the consent of the Mediator, and notice of the shall

be filed with the court. Mediation may be rescheduled by agreement of the parties with consent of the mediator without

leave of court. Absent agreement of the parties, and on motion of a party, continuance of scheduled mediation shall be

granted only for good cause shown after a mutually agreeable future date prior to pretrial review is provided to the court

together with a proposed entry. Failure by a party to respond within two business days to a request for alternate dates may

be reflected on the motion for continuance and shall be deemed consent to the alternate date proposed by the party

requesting the continuance.

All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to

exist or to have existed in the past, or which become known to them following entry of the Notice of Mediation but before

conclusion of all mediation proceedings, which allegations involve any two or more individuals whose attendance is

expected or like at any proceedings.

If the opposing parties in any case are 1) related by blood, adoption, or marriage; 2) have resided in a common residence, or

3) have alleged domestic violence at any time prior to or during the mediation, then the parties and their counsel shall

disclose such information to the mediator.

DATE: ______________________________

Copies Served: ____________________________________

PARTY ONE

______________________________

JUDGE

_____________________________________

PARTY TWO

APPENDIX Q

MEDIATION SETTLEMENT AND DISMISSAL

IN THE DELAWARE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO

Plaintiff(s)

vs.

______

Case No.:

File stamp

Defendant(s)

______

Mediation Settlement and Dismissal

This case came on for mediation/trial

. The parties elected to submit the dispute(s) set forth in

the complaint(s) and any counterclaim(s) to mediation and negotiated a settlement as shown. The claims of the

parties to this agreement are dismissed with prejudice except, in the event of a default on the agreement, the

aggrieved party may reopen this case or file a new case to enforce the agreement or to set this agreement aside and

pursue the original claim(s). To reopen this case, the parties agree to accept regular mail service of notice thereof

from the clerk. Unless a party defaults on this agreement, the other party shall not pursue any legal action on the

claims raised in this case. Timely compliance with the terms of this agreement shall release the compliant party

from all claims underlying this dispute.

The agreement of the parties is as follows (use the reverse side if needed):

Plaintiff

Defendant

Plaintiff

Defendant

Mediator

APPENDIX R

ROSTER OF MEDIATORS

January, 2010

Thomas Bailey

Capital Mediation Associates, LLC

655 Metro Place South, Suite 600

Dublin, OH 43017

Phone (614) 789-1733

Fax (614) 890-1118

tbailey@capitalmediators.com

www.capitalmediators.com

Dr. Christopher Cottrell

Crosspoint Mediation

953 Sapphire Flame Dr.

Delaware, OH 43015

Phone: (740) 990-9589; (937) 621-2162

crosspointmediation@yahoo.com

Edward M. Krauss

Dispute Resolution, Inc.

783 South Sixth Street

Columbus, OH 43206

Phone (614) 619-0017

edmkmediator@sbcglobal.net

Jim Pack

470 Olde Worthington Road, Suite 120

Westerville, OH 43082

Phone (614) 745-5979

jpack@insight.rr.com

J. Christopher Scott

Capital Mediation Associates, LLC

655 Metro Place South, Suite 600

Dublin, OH 43017

Phone (614) 789-1733

Fax (614) 538-8056

cscott@capitalmediators.com

www.capitalmediators.com

Suzanne L. Slowey, Attorney At Law

470 Olde Worthington Road, Suite 200

Columbus, OH 43082

Phone (740) 815-2480

Fax (740) 657-8741

SLSmediation@att.net

Judy C. Mirk On leave until 4/2010

95 Elizabeth St. Apt. 312

Delaware, OH 43015

Phone (740) 815-8127

judymirka@gmail.com

AGREEMENT AND ADMISSION INTO THE MENTAL HEALTH DOCKET

The State of Ohio :

IN THE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO

MENTAL HEALTH DOCKET

vs. : Case No. __________________

, :

Defendant

AGREEMENT AND ADMISSION INTO THE MENTAL HEALTH DOCKET

A. I request that my case be assigned to the Mental Health Docket.

B. I understand that participating in the Mental Health Docket is voluntary.

C. I understand that I am pleading guilty to the charges against me and I have completed and

signed a separate Guilty Plea form.

D. I understand that I will be given a Court Services Plan that I will have to agree to and I

understand that the Court Services Plan will be amended as I progress through the Mental

Health Docket.

E. I understand that I will be placed on probation for a period of time up to 24 months while

I participate in the Mental Health Docket.

F. I understand I may be referred to a number of community services for assistance with

benefits, housing, medical assistance, employment, and education.

G. I understand I may be referred to attend 12-step and support groups in the community.

H. I understand that I may be required to complete assigned hours of community service

work,

I. I understand that I need to inform the Mental Health Docket Coordinator and the Mental

Health Probation Officer of any changes of my address or any new arrests or charges

within 3 days of it happening.

J. I understand that any misconduct on my part may result in consequences issued by the

Judge.

K. I understand that commission of a new crime, repeated willful violations or repeated noncompliance

with the requirements of my Court Services Plan may result in my dismissal

from the Mental Health Docket.

L. I understand that the Judge has the discretion to dismiss me from the Mental Health

Docket program at any time upon finding that I have not been honest and truthful with the

Court.

M. I understand that if I am accepted into the Mental Health Docket and I do not comply with

all of the requirements of the Docket that I may be discharged from the Docket and my

original sentence imposed immediately, and that my sentence could involve jail time, a

fine, court costs, or all three.

N. I understand that I will retain all of my constitutional rights as to any discharge from the

Mental Health Docket.

O. I will keep all appointments and attend all court Mental Health Docket hearings as

scheduled.

P. I will not consume alcohol or non-prescribed controlled substances.

Q. I will submit to random alcohol and drug testing upon request.

R. I will cooperate with all treatment and services outlined in my treatment plan and in any

later or amended treatment plans from my mental health provider.

S. I will sign and keep current all Releases of Information requested by the Court.

T. When I successfully complete my Court Services Plan through the Mental Health Docket,

I am advised that the charge(s) against me may be dismissed.

APPENDIX T

I have read this Agreement and received a copy of it. I understand there are penalties for violating

this Agreement. After consultation with my attorney, I hereby sign the Agreement to participate in

the Mental Health Docket.

_____________________________

Defendant

______________________________

Date

The Court hereby accepts this case and the defendant into the Mental Health Docket. Further:

_________________________________________________________________________________

____________________________________

It is so ordered.

____________

Date

Judge David P. Sunderman

cc:

Prosecutor

Attorney for Defendant

Defendant

Mental Health Docket Coordinator

Mental Health Probation Officer

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