Rules of Court
IT IS HEREBY ordered that the following be and the same are adopted as the rules for the docketing of causes and regulations of
practice and procedure of this Court in civil, criminal, and traffic causes until otherwise ordered. These rules and order
shall be recorded by the court in the Volume of the journal reserved for that purpose. The Rules of Court as presented herein
are hereby in effect until otherwise ordered.
General
1. Agreements
Agreements of Counsel with each other or with a party or with an officer of the court shall be filed in the case.
2. Hours
The Municipal Court shall be open for the transaction of business at 8:30 a.m. until 4:30 p.m., Monday, Wednesday, Friday and 8:00
a.m. until 4:30 p.m., Tuesday, Thursday, excluding Holidays and such other hours as the Judge shall specify.
2.2 Holidays
When the day on which an act is required to be performed falls on a legal holiday or on a day the Court is not in session, then said act shall
be performed on the next proceeding day the court is in session.
2.3 Time
The time within which an act is required to be done shall be computed by excluding the first day and including the last;
except when the last day falls on a Sunday, or a holiday, it shall be excluded and the next day counted.
3. Dockets
3.1 Civil
All civil actions shall be numbered consecutively as filed, and shall be entered upon the dockets in the same order.
The case number, and execution number, if any, must be given when any paper is filed or attention is called to any case.
The Clerk of Court shall maintain a civil docket as required by law. This civil docket shall contain the civil cases;
together with all proceedings had therein, properly dated. This docket together with the file folder is the final and
complete record of each case, except as hereinafter provided.
3.2 Criminal
All criminal actions shall be numbered consecutively as filed, and shall be entered upon the dockets in the same order.
This docket together with the file folder is the final and complete record of such case, except as hereinafter provided.
3.3 Traffic
All traffic actions shall be numbered consecutively as filed, and shall be entered upon the dockets in the same order.
This docket together with the file folder is the final and complete record of such case, except as hereinafter provided.
4. Records
The Court shall make a copy of any pleading, or deposition for any person requesting same or shall permit such person to
copy such record. However, original papers shall not be removed from the file except with the consent of the court and
a written receipt given thereof.
5. Release & Assignments
The assignment, cancellation or release of judgment shall be in writing and filed as other papers in the case.
6. Preparation of Papers
Officers or employees of the Court shall not prepare or help to prepare any pleading, affidavit, entry or order in any
civil, criminal, or traffic matter (except as provided in Small Claims).
7. Practice of Law
Nothing contained in any of these rules (civil, criminal, or traffic) shall permit the practice of law by one not
duly licensed as an attorney at law in the State of Ohio (particularly in Small Claims Division).
8. Jury Trials
8.1
In the event a jury trial is to be cancelled, the same must be done no later than Friday, by 2:00 o'clock p.m. for
a Wednesday trial and no later than Monday, by 2:00 o'clock p.m. for a Friday trial by all attorneys representing
the parties to such action or by the parties if they are not represented by counsel, by any of the following methods:
- By Telephone
- In Writing
- In Person
8.2
Failure to advise the court as above directed shall result in jury costs being taxed to the parties.
8.3
In all civil matters, complete jury instructions are required from the parties and shall be filed with the
court no later than seven (7) days prior to trial date set for trial. Failure to provide same will result
in pretrial conference with the court two days prior to trial date at 4:30 p.m. The attorneys and their
clients are required to be present.
8.4
In all civil matter where a jury demand is filed, the party making such demand shall make a deposit of
$360.00 with the pleading or demand to cover the costs of such jury.
8.4
In all civil matter where a jury demand is filed, the party making such demand shall make a deposit of
$360.00 with the pleading or demand to cover the costs of such jury.
In the event the matter is settled prior to trial but after a jury panel has been called, said deposit shall be
applied to the jury costs.
8.5
It is within the discretion of the court to have jury questionnaires prepared and to make such questionnaires
available to counsel.
If jury questionnaires are to be used, the following procedure shall apply:
- Prior to trial, the Court Administrator shall provide counsel for the parties, copies of jury
questionnaires, which have been previously completed by prospective jurors under the Court's direction.
- During voir dire, counsel may not inquire of jurors as to matters satisfactorily and completely answered in the questionnaires.
- Counsel may not copy the jury questionnaires furnished to them, and must return the jury questionnaires to the Court
Administrator promptly after voire dire.
8.6 Views of Scene
All requests for views of the scene by either party shall be in writing and filed with the court fourteen (14)
days prior to trial with notice to the adverse party with a list of details to be pointed out to the jury by the
Bailiff. The requesting party shall deposit, in advance, fifty dollars ($50.00) with the Clerk of Court, which
will be applied to transportation costs.
9. Small Claims Division (Chapter 1925 R.C.)
9.1
The plaintiff, or his attorney, shall provide the court with the name and address of the plaintiff and defendant,
the military status of the defendant and the nature and amount of the claim by submitting in writing, in concise,
non-technical form to the Court. Such writing shall be signed by the plaintiff or his Attorney, under oath. The
Court shall provide the forms required to file a small claims action.
9.2
Filing fee of $ 64.00 for one defendant and $ 6.00 for each additional defendant at commencement of action.
9.3
Trial shall be set not less than fourteen (14) days nor more than forty (40) days after commencement of the action.
If service upon the defendant is not perfected within six months, the action will be dismissed.
9.4
The court may approve an agreement payment plan when the defendant admits the claim but requests time in which to pay.
9.5
No more than twenty-four (24) claims may be filed in the small claims division by a single person, firm or corporation within
a one (1) year period.
9.6
It is required that the plaintiff appears at the first hearing date. Should the plaintiff fail to appear without leave of
court, the matter shall be dismissed at Plaintiff's costs.
9.7
When both parties appear and a hearing is requested, the matter shall proceed to trial immediately.
9.8
Small Claims Court can not order the completion of services or the return of property. Small Claims Court does not have the legal authority to hear slander,
libel or malicious prosecution matters. As well, Small Claims Court can not handle suits seeking damage for pain and suffering and emotional distress.
9.8
Small Claims Court can not order the completion of services or the return of property. Small Claims Court does not have the legal authority to hear slander,
libel or malicious prosecution matters. As well, Small Claims Court can not handle suits seeking damage for pain and suffering and emotional distress.
10. Civil Complaints
10.1
Contents required by Common Pleas Rules; the name of the Court, the title of the action, the case number,
and a designation as required in Rules of Superintendent.
10.2
A complaint (and exhibits) must be accompanied by a stamped, self-addressed envelope, if file-stamped copy is desired.
11. Process Control
11.1
Shall be issued and served according to Civil Procedure Rules 4, 4.1, 4.2, 4.3, 4.4, 4.5, and 4.6.
11.2
Upon filing of a complaint, service of summons on defendant and the 28-day period allowed for defendant to answer:
- If defendant fails to answer, judgment by default will be granted on motion of same and affidavit of account
filed by plaintiff;
- If defendant files an answer and is unrepresented by counsel, the matter will be placed on the court's calendar
for trial within thirty days of the answer;
- If the parties are represented by counsel, fourteen days after answer is filed, the matter will be scheduled for
pre-trial. The pre-trial will be held within sixty days. At pre-trial, all discovery should be exchanged and
any motions will be schedules for hearing. The parties will be given a trial date at the pre-trial. Such trial
date will not be subject to change unless for good cause. Motion hearing date and trial date shall be scheduled
with agreement of all parties.
11.3
Civil matters in which service is not perfected within one year, the matter will be dismissed by the court.
12. Pleadings
Service and filing of pleadings and other papers subsequent to the original complaint shall be in accordance
with the Ohio Civil Rules of Procedure.
13. Extension of Time
Shall be governed by the rules established by the Common Pleas Court, but in no event shall more than one
extension be granted.
14. Default Judgments
14.1
When a party against whom a judgment for affirmative relief is sought has failed to plea or otherwise defend,
the clerk shall by regular U.S. mail notify the party entitled to the judgment by default by proof of loss or
damage must be submitted to the court on or before the second Friday after the mailing of such notice with a
motion for default judgment and affidavit of real party in interest or the case will be dismissed without prejudice
at plaintiff's costs.
14.2
Proof of loss or damage may be by affidavit or direct testimony (preferably with receipts).
15. Forcible Entry & Detainer
15.1
The plaintiff must appear.
15.2
In the absence of the defendant and if the defendant has been properly served with summons, the action will be heard the same
as if the defendant were present.
15.3
The hearing date will be scheduled at the earliest regular hearing date possible.
15.4
In the event the action involves a claim for rent and/or damages, the same shall be treated as any other money claim, i.e.
the defendant has the usual time to answer or otherwise plead.
15.5
The Court will no longer provide labor for eviction of tenants. Upon plaintiff securing a writ of restitution from the
court and posting the $60.00 bond, the bailiff will advise the plaintiff and defendant, in writing, the date he will
perform the eviction. Plaintiff must provide the necessary laborers, etc. to effect the eviction.
16. Cognovit Judgment
16.1
Costs deposit of $75.00 required includes fee taxed for defendant's attorney.
16.2
Plaintiff must furnish clerk with filing, a pre-addressed envelope to the defendant, or each defendant, postage prepaid,
and affixed for certified mail. The clerk will mail a copy of the judgment entry or equivalent notice in such envelope
incompliance with Section 2323.13 R.C.
16.3
A certificate of judgment SHALL BE ISSUED AND FILED for each cognovit judgment taken in the Municipal Court.
17. Certificate of Judgment From Another Court of Record
When filed in the Municipal Court shall be docketed as a separate case and treated the same as though issued by
this Court per Section 2329.02 R.C.
18. Execution
Whenever a precipe for execution is filed with the Clerk on a judgment of the Municipal Court, there
shall also be filed therewith an information sheet wherein the party issuing the execution shall provide such additional
information he may have in order to facilitate such execution. Such information shall be on the form provided by the Clerk for
this purpose.
19. Proceedings In Aid of Execution & Garnishments
19.1
Orders in Aid of Execution shall be served and scheduled in the same manner as appearance cases and heard at the end of the
regular call. In proceedings in aid of execution where judgment debtor is not ordered to appear for examination, the clerk
shall serve him by ordinary mail with a copy of the entry.
19.2
The court shall not accept such orders unless one copy is furnished for each party to be served.
19.3
In the event the plaintiff or his attorney fails to appear for the examination of a debtor, fifteen minutes after time
scheduled for appearance, the presence of the party shall be noted on the file and the party excused.
20. Sale of Personal Property - Notice
A copy of the notice of the sale of personal property shall be mailed by the Bailiff or Deputy
Clerk to the parties and to attorneys of record in the case. However, failure to mail such notice shall not invalidate the
sale.
21. Costs Required Before Suit
When a case in this Court is dismissed for want of prosecution, for failure to comply with an order
of the court, or by plaintiff without prejudice before judgment, all of the proceedings by the plaintiff in the same case or
in any subsequent suit upon the same cause of action shall be stayed until the costs in the former action are paid, unless
otherwise ordered by the court.
22. Subpoenaed Witness In Traffic, Criminal & Civil Matters
In all matters, which are settled prior to trial, it shall be the responsibility of the attorney to
notify all witnesses subpoenaed by him. Failure to do will result in witness fees being taxed to such attorney.
Effective January 1, 2026, Norwalk Municipal Court Filing Fees
Filing Fees In Advance
| Agreed/Consent Judgement Entry |
No Charge |
| Personal Service (Bailiff/Sheriff) (Plus Mileage) |
$30.00 |
| Amended Civil Complaint |
$149.00 |
| Service on each Additional Defendant |
$20.00 |
| Answer |
No Charge |
| BMV: ALS Appeal, 12 Point Appeal, FRA Suspension |
$100.00 |
| Brief in Opposition |
No Charge |
| Capias |
$50.00 |
| Certificate of Judgment for Lien |
$25.00 |
| (include self addresses-envelope) |
|
| Certificate of Satisfaction (Defendant) |
$10.00 |
| Certificate of Judgment for Transfer |
$20.00 |
| (include self addresses-envelope) |
|
| Certified Mail Fee |
$20.00 |
| Ordinary Mail Fee (Certificate of Mailing) |
$10.00 |
| Certified Copies |
$5.00 |
| Regular Copies |
$0.10 |
| Exemplified Copies |
$10.00 |
| Change of Venue (Transfer Out of NMC) |
$60.00 |
| Change of Venue (Transfer Into NMC) |
$175.00 |
| Cognovit Note One Defendant |
$110.00 |
| Each Additional Defendant |
$20.00 |
| Common Pleas Transfer |
$25.00 |
| Civil Complaint (Money Only) |
$175.00 |
| Each Additional Defendant |
$20.00 |
| Thumb Drive Recording of Court Proceedings |
No Charge |
| New in Package Thumb Drive |
|
| Counter-Claim |
$164.00 |
| Each Additional Defendant |
$20.00 |
| Credit Card Usage Fee |
3%-4% |
| Cross-Claim |
$164.00 |
| Each Additional Defendant |
$20.00 |
| Debtor's Exam Civil |
$50.00 |
| Complaint for Forcible Entry & Detainer |
$225.00 |
| Each Additional Defendant |
$20.00 |
| Additional Fees for Two Attempts at Service |
|
| Failure of Service Fee |
$10.00 |
| Jury Demand (Due Upon Filing) |
$50.00 |
| Jury Deposit |
$360.00 |
| Juror Fee, per day, per juror |
$15.00 |
| Motion to Revive Dormant Judgment |
$100.00 |
| Each Additional Defendant |
$20.00 |
| Court of Appeals |
$225.00 |
| ($150.00 Court of Appeals & $75.00 to Court) |
|
| Replevin |
$150.00 |
| Responsive Pleading |
No Charge |
| Returned Checks Fee |
$90.00 |
| Satisfy the Docket (Plaintiff) |
$25.00 |
| Service By Publication (Publication Fee Separate) |
$155.00 |
| Praecipe for Subpoena |
$10.00 |
| (Must be accompanied by fees for one day's attendance plus mileage) |
|
| (Each Witness - $12.00 plus mileage) |
|
| Transfer from Small Claims to Civil Docket |
$25.00 |
| Trusteeship |
$100.00 |
| Writ of Restitution |
$100.00 |
| ($60.00 Deposit $40.00 LC) |
|
| (You Supply Own Movers) |
|
Small Claims Costs
| Small Claims Complaint |
$125.00 |
| Each Additional Defendant |
$20.00 |
| Debtor's Exam Small Claims |
$75.00 |
| Amended Small Claims Complaint |
$99.00 |
| Failure of Service Fee |
$10.00 |
| Additional Service (Certified) |
$20.00 |
| Additional Service (Certificate of Mailing) |
$10.00 |
| Personal Service (Bailiff/Sheriff)(Plus Mileage) |
$30.00 |
Garnishment Costs
| Bank Attachment (+$1.00 payable to Bank) |
$135.00 |
| Garnishment Personal Earnings |
$135.00 |
| Release of Bank Attachment of Garnishment |
$25.00 |
Trusteeships
23.1
The Clerk shall be the trustee in each Trusteeship.
23.2
Disbursement of funds in each trusteeship shall be made a minimum of one every three (3) months.
23.3
As a matter of practice of trusteeships, the Court may first pay off in full, the smallest of the accounts in
disbursing the monies as provided by law.
23.4
All debtors for whom a trustee has heretofore been appointed, in trusteeships now pending, or for whom a trustee is
hereafter appointed and acting, pursuant to R.C. 2329.70 shall pay to the trustee the portion of personal earnings not
exempt from proceedings in aid of execution within two days after receipt of the wages or personal earning at each pay
day for each pay period, and the payment for each pay period shall be accompanied by a pay check stub, or other written
memorandum issued by the employer, or by an officer or office manager of a corporate employer, stating the gross earnings
or wages, wage rate, and hours worked, if the wage rate is on an hourly basis, of the debtor for the pay period reported.
The foregoing pay period report of wages may be made directly by the employer to the trustee in lieu of the pay check sub
or other written report filed by the debtor as described above, and if required orally or in writing by the Clerk of Court
of the Norwalk Municipal Court, any employer may be required to furnish in writing to the Trustee a pay period report or
reports of wages of any debtor for any pay period subsequent to the appointment of a trustee. Upon loss of employment by
the debtor resulting in no further payment of wages or earnings, the employer or debtor shall immediately notify in writing,
the Trustee, of the loss of employment and the date the last pay period check will be or has been received, and subject to
the requirements of Rule 23, herein.
23.5
Upon failure of a debtor in trusteeship to make any one pay period payment to the trustee, or upon failure of the debtor
to make, or to have his employer make, any one of the reports required under any other paragraph of Rule 23,such failure
will thereupon be deemed a failure to make payment of non-exempt personal earnings under R.C. 2329.70,in accordance with
the rules established by this court and, immediately thereupon the clerk shall notify the debtor of a hearing for
termination of the trusteeship and dismissal for non-payment; such notice shall be mailed to the debtor and his last know
employer, and all privileges in favor of the debtor under trusteeship shall thereupon cease as provided in R.C. 2329.70.
23.6
If a trusteeship is terminated and dismissed for nonpayment pursuant to R.C. 2329.70, and the rules of this court, the
trusteeship shall not be reinstated and the debtor shall not be permitted to file a new trusteeship for a period of six
(6) months from the date of dismissal of the trusteeship, unless a motion is filed in this court by the debtor supported
by an affidavit stating that failure to maintain the trusteeship agreement was not due to willful neglect, and the
Municipal Court will not order a re-instatement of a trusteeship, or permit filing or creating a new trusteeship, upon such
motion and affidavit until after a hearing set for a definite time and date, for taking of further proof on the question
of whether the failure of the debtor to maintain the trusteeship agreement was not due to willful neglect, and on such
issue all the evidence submitted must prove to the satisfaction of the Court that the failure of the debtor as described
herein was not due to willful neglect before the trusteeship will be reinstated or before a new trusteeship may be filed
and ordered within a period of six (6) months after the dismissal and termination of the earlier trusteeship.
23.8
A copy of Rule 23, as supplemented herein, shall immediately be mailed by the attorney for the debtor to each creditor
in Trusteeship and to his last known employer, together with a notice of filing for such trusteeship. The application
for trusteeship, filed by the attorney for the debtor shall list the full name and address of the debtor's employer.
23.9
Participation by a secured creditor in the trusteeship with a separate written agreement between the debtor and creditor
requires presentation of the proposed agreement for execution by the parties in open court and upon approval of the court.
(Revised Code 2329.71).
23.10
Whenever any reference is made to the office of "Trustee" in Rule 23, it shall be deemed interchangeable with the office of
Clerk of Court of Norwalk Municipal Court", and vice versa.
24. Bonds
No attorney, officer or attaché of the Court, nor any member of his or her immediate family on his or
her behalf shall furnish bail or surety, or be received such bail or surety in any civil or criminal matter.
25. Jury
Jurors shall be chosen as generally provided for in the Revised Code.
Traffic/Criminal Procedures
26. Hearings
26.1
All cases shall be disposed of on the date set for hearing as provided hereafter.
26.2
The court is opposed to needless delay in the handling of its criminal matters. In cases where a continuance is necessary,
the limit of time allowed will be one (1) week unless for good cause shown, a longer time is deemed advisable, or pursuant
to Revised Code 1911.72, 1911.74 and 1911.75. The date of continuance and for whom granted shall be noted by the court.
26.3
Each defendant, upon hearing the charges against him, must enter a plea of Guilty; Not Guilty; No Contest, or Double
Jeopardy.
26.4
Upon a plea of Not Guilty or No Contest where it is considered necessary and desirable to have the arresting officer
and/or other witnesses present, the case shall be continued to facilitate such arrangements being made.
26.5
Upon initial appearance and plea of not guilty by defendant:
- If not represented by counsel, the matter will be immediately placed on the court's docket for trial within two weeks,
unless time is waived;
- If represented by counsel, the matter will immediately be scheduled for pre-trial within two weeks;
26.6
At pre-trial, discovery will be delivered to defendant's counsel; a trial date will be set within six weeks of pre-trial date,
during which time all motions will be filed and heard.
26.7
In all cases, all traffic and criminal matters shall be heard within the time limits provided by Criminal Rules.
26.8
ALL FELONY matters shall be heard within the time limits provided by the Criminal Rules, unless a waiver of time is filed with the Court.
26.9
Any ticket produced by computer or electronic means may be filed by electronic means. If an electronic or computer
generated ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper
copy of the ticket. A law enforcement officer who files a ticket electronically shall be considered to have certified the
ticket and shall have the same rights, responsibilities, and liabilities as with all other tickets issued.
27. Withdrawal of Charges
All recommendations for withdrawal or dismissal of a case and the reason therefore shall be made in open court.
28. Bonds and Waivers
28.1
Only cash or equivalent may be accepted for fines, costs, waivers or bonds (except bonds or waivers may be as specified
in R.C. 2937.281)
28.2
When the defendant fails to appear at the appointed hour and place for hearing, any bond or bail posted by such defendant
shall then and there be forfeited.
28.3
Where bond or bail has been declared forfeited by the Court, the forfeiture may be set aside with or without costs, as the
court deems proper, if the defendant in such cases appears before adjournment of court or shows good cause for
non-appearance.
29. Payment For Assigned Counsel
29.1
All assigned counsel shall submit their statement for representation of indigent defendants to the court within sixty (60)
days of completion of the case. Failure to comply with this order will result in the court not approving that portion of
fees, which are normally reimbursed by the Office of the Ohio Public Defender.
29.2
The court fee for filing of Financial Disclosure Form is $25.00 per application to be paid at time of filing. (HB66, Effective 9/29/05)
Effective January 2nd, 2026, The New Waiver & Bail Schedule For The Norwalk Municipal Court Is As Follows:
Waiver Schedule
| Offense |
Fine |
Costs |
Total |
| Speed - 1st Offense |
$3.00 per mile for each mile
over the speed limit |
$150.00 |
|
| Speed - Subsequent Offense Within 1 Year |
$4.00 per mile for each mile
over the speed limit |
$150.00 |
|
| Reckless Operation (Willful) |
$150.00 |
$150.00 |
$300.00 |
| Driver Seat Belt & Pedestrian Violation |
$30.00 |
$80.00 |
$110.00 |
| Passenger Seat Belt Violation |
$20.00 |
$80.00 |
$100.00 |
| FTY To Public Safety Vehicle |
$100.00 |
$150.00 |
$250.00 |
| Distracted Driver |
$100.00 |
$0.00 |
$100.00 |
| Other Traffic Minor Misdemeanors |
$30.00 |
$150.00 |
$180.00 |
| Parking On Roadway |
$30.00 |
$80.00 |
$110.00 |
ON ALL MULTIPLE Offenses
The Waiver On The Associated Offense |
$ FINE |
$80.00 |
|
| Disorderly Conduct MM |
$100.00 |
$150.00 |
$250.00 |
| Possession of Marijuana/Possession of Drug Paraphernalia |
$100.00 |
$150.00 |
$250.00 |
| All Other Criminal Minor Misdemeanors |
$30.00 |
150.00 |
$180.00 |
| Equipment Violation |
$150.00 |
150.00 |
$300.00 |
| No Other Misdemeanors, Traffic Or Criminal Offense Shall be Disposed Of Or Processed By The Violation Bureau |
Posting Bond
“Bond” or “Bail” is usually an amount of money that a defendant must post to be released from jail in an effort to assure the
defendant’s appearance in court. Although most offenses have a predetermined bond amount established, in some instances bond is not set until the defendant
has had their first appearance before a Judge. There are several types of bonds as well. The Judge can also impose conditions of bond, such as restricted
contact with victims or witnesses.
Bonds may be posted 24 hours a day, 7 days a week, for a person who has been arrested and jailed at the following
locations:
8:30 am-4:30 pm Monday, Wednesday, Friday
& 8:00 am-4:30 pm Tuesday, Thursday, excluding Holidays
Norwalk Municipal Court
45 North Linwood Avenue
Norwalk, Ohio 44857
(419) 663-6750
After Hours, Weekends & Holidays
Norwalk Police Department
37 North Linwood Avenue
Norwalk, Ohio 44857
(419) 663-6780
Types of Bonds
- Case Bond (100%)
- The full amount of the bond set by the Court must be paid by cash. At the completion of the case, the full amount of the bond posted will be refunded
in full (by check) to the person who is named as the bailor. If you are posting bond for someone, you must decide whose name the receipt will reflect.
As a bailor, you will be asked for your complete name, address and phone number.
- Appearance Bond (10%)
- The amount of bond required to be posted is 10% of the total bond. (If bond is set at $5,000, the required cash deposit would be $500.) At the
completion of the case the amount refunded is 10% less than the amount posted. (If the amount posted was $500, the Court will keep $50 and the refund
check will be $450).
- Own Recognizance
- An O.R. Bond requires the defendant to sign a form indicating that they will appear in Court at each subsequent Court appearance until the case is
concluded. Failure to appear after signing a recognizance bond is punishable by a $1,000 fine and/or 6 months in jail, regardless of the outcome
of the original charge.
- Surety Bond
- The amount of bond is posted for the defendant by a licensed, professional bonding company for a fee.
*ALL BONDS ARE SUBJECT TO ORDERS AND CONDITIONS OF THE COURT AND MAY BE REVOKED OR AMENDED BY THE COURT. *
Effective February 16, 2024
Schedule of Fees
| Basic Court Costs |
Criminal |
|
Traffic |
|
| Local Costs |
$91.00 |
$50.00 |
$81.00 |
$50.00 |
| Computer Improvement Fund |
$20.00 |
$20.00 |
$20.00 |
$20.00 |
| Victim of Crime Fund |
|
|
$9.00 |
|
| Drug Enforcement Fund |
|
|
$3.50 |
|
| Indigent Alcohol Treatment Fund |
|
|
$1.50 |
|
| Indigent Defense Support Fund |
$20.00 |
|
$25.00 |
|
| Special Projects Fund |
$10.00 |
$10.00 |
$10.00 |
$10.00 |
| Total: |
$150.00 |
$80.00 |
$150.00 |
$80.00 |
30. Collection Of Fines And Costs
30.1
Effective April 15, 2015, Norwalk Municipal Court will be forwarding unpaid fines and costs to Capital Recovery Systems for collection purposes.
The Court will assess a fee, for Capital Recovery, of 30% of the balance due on each case submitted for collections. Each case will be reviewed
by Court staff prior to the case being submitted.
31. Court Security
The Norwalk Municipal Court is charged with dispensing Justice, resolving disputes, and protecting the Constitutional rights
of those who appear before the court.
Accordingly, appropriate levels of security should exist in the court to protect the integrity of the court procedures,
protect the rights of individuals before it, sustain the decorum and dignity of the Court, and assure that Court facilities are secure for all those
who visit and work there.
Therefore, pursuant to the Rules of Superintendence for Municipal Courts the Court establishes as follows:
This Court, in conjunction with the Huron County Common Pleas Court, General Division, and in the Huron County Common Pleas
Court, Probate and Juvenile Division, has appointed a local advisory committee consisting of representatives of each of the groups;
Judges, Law Enforcement Officials responsible for court security, County Commissioners, City of Norwalk Safety Service Director,
Court Office Holders with offices located in the Courthouse, Huron County Bar Association and Members of the Public.
The Court shall implement a local security policy and procedure plan by July 1, 1996, which shall address the Ohio Court Security
Standards adopted by the Supreme Court of Ohio on October 17, 1994.
The local court security advisory committee shall adopt a security operations manual, which shall establish written directives
for the purpose of ensuring security within the court while maintaining accessibility to the community.
IN ADDITION TO THE LOCAL RULES OF COURT ESTABLISHED HEREIN, THIS COURT ADOPTS ALL RULES AND PROVISIONS CONTAINED IN THE
OHIO REVISED CODE AND THE RULES OF SUPERINTENDENCE AS PRESCRIBED BY THE SUPREME COURT OF OHIO.
32. Electronic Supreme Court Reporting
The Court hereby adopts Rule 32 of the Local Rule of Practice. Rule 32 states:
The Court Administrator shall submit in electronic format via the Ohio Supreme Court website reports as required by Supreme
Court Sup. R. 37.01 through 37.03. The reports shall be prescribed by the Supreme Court and submitted no later than the fifteenth day after the close
of the reporting period. Only the Judge, Court Administrator and the Clerk of Court shall have access to the Supreme Court website login credentials.
The Judge, Court Administrator and the Clerk of Court shall take the necessary steps to ensure and maintain the security of the Supreme Court website
login credentials.
Rule 32 shall be recorded by the Clerk of Court and a copy thereof shall be filed by the Clerk with the Clerk of the Supreme Court
of Ohio. The Clerk of Court shall cause a copy of Rule 32 to be posted on the Court's web page: http://www.norwalkmunicourt.com/rules.php
The Clerk of Court shall provide copies of the Local Rules of Practice including Rule 32 to any person upon the payment of a fee
representing the actual cost of making the copies.
33. Specialized Docket Court
The Court hereby adopts Rule 33 of the Local Rule of Practice effective December 1, 2017. Rule 33 states:
- Drug Court Specialized Docket
- This session of court shall be known as the Norwalk Municipal Court Drug Court.The Drug Court shall be compromised of four (4) phases and
the duration shall be two (2) years, subject to review.
- The Drug Court shall offer a non-adversarial and therapeutic oriented judicial approach to providing court supervision and appropriate
treatment oriented to individuals whose charges are drug or alcohol related. The primary focus of the drug court will be ot prevent recidivism,
save life, and prevent destruction of property by improving the quality of life for the individuals and their families through treatment,
accountability, and support.
- The Drug Court Team shall consist of the Judge, Drug Court Coordinator/Probation Officer, Chemical Dependency Coordinator, and Chemical
Dependency Case Manager. The Judge may add additional team members as deemed necessary.
- Certification and Recertification
- The Norwalk Municipal Court Drug Court was certified as a Specialized Docket Court on December 01, 2017 by the Ohio Supreme Court.
- Pursuant to Sup. 36.28 every three (3) years after the receipt of certification or within six (6) months after a change in the Judge assigned
to the session, whichever comes first, the Drug Court shall successfully recomplete the certification application process pursuant to
Sup. 36.21 through 36.26. The Specialized Docket Section of the Ohio Supreme Court may abbreviate the first certification to allow for
rotating certification periods among the court and divisions.
- Placement In The Norwalk Municipal Court Drug Court
- An applicant for Drug Court many referred from the bench, by defense counsel, or the prosecutor's office. THe individual may request to apply
for Drug Court at either arraignment or the sentencing phase of their case.
- Applicants will be assessed by the court's Chemical Dependency Coordinator to determine if the applicant meets the criteria of a chemical
dependent person.
- After the assessment is completed and it is determined the applicant qualifies for Drug Court the Drug Court Coordinator/Probation
Officer shall request of law enforcement. a CCH/LEADS to determine the applicant's past criminal and/or traffic history.
- When all collateral information has been gathered the Chemical Dependency Coordinator shall report the the Drug Court Team the results
of the applicant's assessment. At this time the Team shall vote as to whether or not to accept the applicant into the program.
- Drug Court Teams meeting shall be held on Monday's prior to Drug Court bi-weekly or when deemed necessary
- Applicants Must Meet The Following Qualifications
- Be a resident of Huron County unless requirement is waived by the Judge.
- Be motivated to meet all the conditions of the Drug Court and prepared to become actively involved in their recovery.
- Have current charge that is probationable.
- Be determined to be chemical dependent via clinical interview.
- Have no significant history of trafficking or violent behavior.
- Termination Or Modification From The Norwalk Municipal Court Drug Court
Termination from the program may result from , but not limited to, the following:
- A participant's behavior negatively impacts the other participants.
- Continued participation would compromise the integrity of the program.
- Another level of care is indicated.
- Chronic non-compliance.
The presiding judge shall make the final decision on termination of a participant after review of all documentation,
and hearing unless waived by the participant.
34. eFiling
- Definitions
- Original document: the electronic document received by the Court from the filer.
- PDF: Portable Document Format - documents save as this type have the [.pdf] extension.
- Source Document: the document created and maintained by the filer which is then electronically transmitted to the Court.
- Submission: a document or other data sent to as a court filing.
- Effective Date and Time of Filing: means the date and time the electronic filing is received after the document is uploaded to the Clerk of Court. If a filing
is rejected it is not received.
- Electronic Filing (eFiling): the process of transmitting a source document electronically via the Internet to the Clerk's Office for the purpose of filing the document
.
- Microsoft Word Document: a document with the extension of .doc or .docx.
- "s/" signature: for documents filed electronically through the Norwalk Municipal Court Case Management System (Henschen), and for use of the e-filers's user ID and
password when filing documents electronically, combined with the use of the required signature format, serves as the e-filer's signature for the purposes of the Local Rules of this Court
.
- Electronic Filing Poilicy
- In conformity with Ohio Revised Code, Ohio Civil Rule 5(E) and Criminal Rule 12(B), Rule of Superintendence 27, and as approved (provisionally) by the Ohio Supreme Court on Technology
and the Courts, pleadings and other documents may be filed with the Clerk of Court electronically via the internet, subject to the following conditions:
- Accepted Filings.
- All pleadings, including initial pleadings opening a new case, shall be accepted via electronic filing except those filings that are not in compliance with these rules.
Criminal complaints shall comply with Criminal Rule 3.
- All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio, or by a party if the party is not represented by an attorney.
- Any signature on an electronically transmitted document shall be considered that of the attorney or party it purports to be.
- The electronic filing of a document by an attorney or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil
Rule 11.
- No attorney shall authorizer any person to electronically file on that attorney's behalf.
- Except as indicated herein above, no person shall utilize, or allow another person to utilize the password of another in connection with electronic filing.
- If is established that a document was transmitted without authority, the Court shall order the document stricken,
- Filings Not Accepted.
- Any filing that does not comport with the requirements of this rule.
- Hours of Operation
- The Clerk of Court shall recieve electronic documents 24 hours per day, seven (7) days per week, regardless of whether or not the Clerk's office is open.
- A document will be deemed timely filed prior to midnight on the due date, unless the judge has ordered the document filed by an earlier time on that date.
- The time at the Court (Eastern Standard) governs, rather than the time zone which the filing is made.
- All electronically filed documents shall recived a confirmation of the time and date filed.
- Document Format.
- Documents must be submitted in PDF format.
- Fees.
- The Clerk of Court shall assess normal filing fees.
- Case deposits will be collected via user credit card at the time the filing is processed.
- No personal checks will be accepted.
- The Clerk's Office will document the receipt of fees on the docket with a text entry and electronic image of the receipt.
- The Court will not maintain electronic filings for lawyers or law firms.
- Any document filed electronically that requires a fee may be rejected by the Clerk of Court unless the filer complied with the mechanism established by the Court for the
payment of filing fees.
- Filing Acceptance or Rejection Cycle.
- A filing ID will be assigned to each filing when it is recieved in its entirety by the Clerk of Courts' receiving device.
- The filing ID will be displayed on the screen of the filer's computer upon successful transmission of the filing.
- Upon successful processing of the filing by the Clerk of Court, parties may view the status of filings inthe Past Filing tab within the eFiling portal.
- A rejected filing may be resubmitted via electronic filing to te Clerk of Court with a new date and time of filing assigned.
- If a filer has in good faith attempted to electronically file a document and it is rejected, or not received by the Clerk of Court due to no fault of the filer, and the filer
wished to have the corrective filing relate back to the date and time of the original attempted filing, the filer must file a motion with the Court seeking such relief.
- Any attorney or party who elects to file a document electronically shall be responsible for any delay, disruption, or interruption of electronic signals affecting the
readability of the document, and accepts the full risk that the documents may not be properly filed with the Clerk of Court as a result.
- Electronic Filed Stamp.
- Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically stamped.
- This stamp will include the date and time that the recieving device of the Clerk of Court recieved the document.
- A document electronically filed that is not successfully processed by the Clerk of Court will be listed in the "My Past Filings" tab indicating rejection status.
- After a document is electronically file stamped, the document cannot be altered.
- Disposition and Maintenance of Source Documents.
- A document electronically filed shall be accepted as the original filing, consistent with Ohio Civil Rule 5(E), and Criminal Rule 12(B), and this Local Rule.
- The person filing electronically need not file a conventional copy with the Clerk of Court but must maintain in his or her records, and have available for production upon
request by the Court, the Clerk of Court or other counsel, the source document of any document electronically filed.
- The filer must maintain this source document until the final disposition of the case and through any appeal period.
- Public Method of Access to Electronically Filed Public Documents.
- Members of the public may obtain copies or review electronically filed documents in the same manner as documents filed on paper via the Clerk of Court website at www.norwalkmunicipalcourt.com
- Public access to electronically filed public documents will be available via the internet website of the Clerk of Court as soon as the Clerk her processed the document.
- If the internet website is unavailable or is not provided by the Clerk of Court, the document will be available for review at the office of the Clerk of Court, either by
computer terminal or in paper form.
- If a document or case record is sealed or expunged, it is unavailable for public disclosure.
- Service of Documents.
- Documents filed electronically with the Clerk of Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.
- Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronic when possible.
- Attachments and Exhibits.
- Attachments and exhibits are to be filed electronically.
- A threshold of 1 GB per image has been established. Large attachments or exhibits over 1 GB may be filed electronically if they are filed in separate attachments under 1GB
threshold.
- Signatures.
- If an original document requires a signature of a non-attorney, the filing party or the Clerk's Office shall scan the original document, and then electronically file it on the
System.
- A pleading or other document requiring an attorney's signature may be physically signed or electronically signed in the following manner: "s/ (typewritten name)." The "s/
(typewritten name) format is also acceptable as a substitute for the original signature of a party. The required format appears below:
- s/(Typewritten Name of E-Filer)
- Ohio Attorney Bar Number (1234567)
- Attorney for (Plaintiff/Defendant)
- Name of Law Firm
- Street Address
- City, State, Zip Code
- Telephone (xxx) xxx-xxxx
- Fax (xxx) xxx-xxxx
- Email address: xxxx@xxxxx.com
- Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10)
days of receiving the notice of electronic filing.
- For documents containing multiple signatures, such as stipulations or documents requiring two or more signatures, the following procedure applies:
- Signatures other than the electronic filer's signature, shall be scanned and submitted electronically so the original signature(s) appear as opposed to the typed signature(s).
- Orders.
- Parties, with leave of the Court, may file under seal a document containing the unredacted personal data.
- Filing parties shall omit, where inclusion is necessary, partially redact the following personal data identifiers from al pleadings, documents and exhibits, whether filed
electronically or on paper, unless the Judge orders otherwise.
- Social security numbers;
- Minor's names;
- Medical records, treatment and diagnosis;
- Employment history;
- Individual financial information; and
- Proprietary or trade secret information.
- With leave of the Court, a party may file under seal a document containing the unredacted personal data identifiers listed above.
- The party seeking to file an un-redacted document shall electronically file a motion to file the document under seal.
- In granting the motion or application to seal, the Judge may require the party to file a redacted copy for the public record.
- The responsibility for redacting personal data identifiers rests solely with counsel and the parties.
- The Clerk's Office will not review the documents for compliance with this rule or redact documents, whether filed electronically or on paper.
- Technical Failures.
- The Clerk of Court may deem the Norwalk Municipal Clerk of Courts System site to be subject to a technical failure on a given day if the site is unable to accept filings
continuously or intermittently over the course of any period of time greater that one hour after 10:00 a.m. that day. Known system outages will be posted on the website, if possible.
- A filer, who cannot file a document electronically due to problems on the filer's end, must file the document conventionally in paper format with the Clerk of Court.
- A filing party whose filing is made untimely as a result of a technical failure of the Court's system or site, or as a result of the problems on the filer's end, may seek
appropriate relief from the Court.
- Correction of Docket Entries/Documents Filed in Error.
- Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk of Court.
- The system does not permit a filing party to make changes to the document(s) or docket entry once the transaction has been accepted.
- If a document has been filed in error, the filing party should not attempt to re-file the document.
- As soon as possible, after the error has been discovered, the filing party should submit a motion to the Clerk of Court with the case number and document number for which the
correction is being requested.
- If appropriate, the Court will make an entry indicating that the document was filed in error and, the filing party will be advised if the document needs to be re-filed.
- If a document is filed in error (e.g. a document is filed in the wrong case or the electronic file is corrupt or unreadable), upon motion submitted to the Judge, the Judge may
order said document stricken from the record.
- The Clerk of Court shall immediately notify the filer of the error and inform the filer if the document needs to be re-filed.
- The Clerk will not delete the relevant docket text, but will annotate the docket bto identify the error and to show that the filer has been so notified.
- Exhibits Not In Support of a Motion.
- A party may conventionally submit exhibits which are not available in electronic format.
- Documents submitted to the Clerk's Office in paper format should not be bound.
- The Clerk's Office will note on the docket the receipt of the non-electronic document(s) or exhibit(s) with a text-only entry.
- A filing party should scan a paper exhibit and submit the exhibit as a pdf file.
- Al documents should be scanned or transmitted in black and white, not color.
- Documents appearing in color in their original form, such as color photographs, may be submitted in color.
- Exhibits In Support of Motion.
- In general, exhibits in support of motions filed electronically, should also be filed electronically..