The Clerk of Court’s Small Claims Division shall receive and/or assemble all relevant information to enable an unrepresented individual file a pleading.  A party is not required to file a responsive pleading, such as an answer.  The court may, in its discretion, order a party against whom a pleading is filed to file a response. 

A request for a continuance of a case set for trial in the Small Claims Division shall be filed not less than seven (7) calendar days prior to the trial date.  The seven (7) day period shall not include the trial date itself.

All requests for continuances shall be in writing and must include:

1. the case caption and case number
2. the reason for the request
3. the date and time the case is currently set for the trial
4. a service clause indicating that the other parties to the case have been notified of the request and the date of notification and the method by which notification was made

All requests for continuances must be signed by the party requesting the continuance or his or her attorney.  A courtesy copy of the request shall also be delivered to the chief magistrate at the time of filing.

All counterclaims, cross-claims and third party complaints shall be filed with the Clerk of Court’s office at least seven (7) calendar days prior to the scheduled trial date. To file a counterclaim, cross-claim or third party complaint after the above-stated deadline, leave of court must be requested and granted.  The seven (7) day period shall not include the trial date itself. Untimely filed pleadings shall be stricken from the file.  The Clerk of Court shall serve all counterclaims, cross-claims and third party complaints in the same manner as service of the complaint.

Unless waived by the court for good cause, a motion to transfer to the regular docket shall accompany all timely counterclaims, cross-claims and/or third party complaints in excess of the small claims monetary jurisdiction and shall be transferred to the regular docket.  Once the motion is granted, the file shall be forwarded to the Central Scheduling Department where the file shall be assigned to a judge’s personal docket.  Once assigned, the defending party shall have twenty-eight (28) days to move or plead from the date of the judicial assignment.

A motion to transfer shall be filed seven (7) calendar days before the originally scheduled trial date.  The seven (7) day period shall not include the trial date itself.  Transfer of the case to the regular docket shall be within the discretion of the court.

An untimely motion to transfer shall be stricken from the file.  A jury demand shall not be allowed in a case filed in the Small Claims Division unless accompanied by a proper and timely motion to transfer to the regular docket.  The movant must be in compliance with the local rule regarding jury demands and all required fees and deposits must be paid.

A time-stamped courtesy copy of the motion to transfer shall be delivered to the chief magistrate the day of filing.

All subpoenas to be issued in a small claims case must be filed seven (7) calendar days prior to the date of trial.  The seven (7) day period shall not include the trial date itself.

Any pretrial motion shall be filed seven (7) days prior to the original scheduled hearing date.  The seven (7) day period shall not include the trial date itself.  A time-stamped copy of any pretrial motion shall be delivered to the chief magistrate on the day of filing.

Parties are permitted to request discovery in small claims cases.  Discovery is limited to interrogatories and/or depositions and must be requested by motion at least seven (7) calendar days prior to the trial date.

The initial hearing on the merits in the Small Claims Division shall be had before a magistrate to whom such matters shall be referred by the court pursuant to Rule 53(C) of the Ohio Rules of Civil Procedure.  In a contested matter, prior to the case proceeding on the merits, the magistrate shall offer mediation as an alternative to resolve the matter before the court.  If the parties agree to mediation, the file shall be transferred to a mediator for disposition.  If the parties do not agree to mediate the matter, or the mediation fails, the case shall proceed for hearing on the merits before a magistrate.  Before proceeding with trial, the magistrate or other officer of the court shall administer an oath to the parties and witnesses.  Except where clearly inapplicable, the Ohio Rules of Civil Procedure shall apply per Rule 1(C) (4) of the Ohio Rules of Civil Procedure.  The Ohio Rules of Evidence shall not apply per Rule 101(C) (8) of the Ohio Rules of Evidence.

In accordance with Rule 53 of the Ohio Rules of Civil Procedure, the magistrate shall prepare, sign and file a magistrate’s decision for each referred matter.  This decision shall be filed with the Clerk of Court and copies sent to all parties or their attorneys.

1. If any party makes a request for findings of fact and conclusions of law under Rule 52 of the Ohio Rules of Civil Procedure or if finding of fact and conclusions are otherwise required by law or by the order of reference, the magistrate’s decision shall include proposed findings of fact and conclusions of law.  If the request under Rule 52 of the Ohio Rules of Civil Procedure is made after the magistrate’s decision is filed, the magistrate shall include the findings of fact and conclusions of law in an amended magistrate’s decision within the time guidelines per Local Rule 8.04.
2. The filing of a request for findings of fact and conclusions of law shall act as an automatic stay of execution as to the collection of any judgment in the case before the court.  The stay of execution shall remain in effect until an amended magistrate’s decision with findings of fact and conclusions of law has been filed with the Clerk of Court.

The party objecting to the magistrate’s decision shall file such objections in accordance with Rule 53 of the Ohio Rules of Civil Procedure and pay the necessary costs.

1. All objections to the magistrate’s decision shall be filed within fourteen (14) days from the date the magistrate’s decision is filed with the Clerk of Court.  A copy of the objections shall be served upon all parties and/or their attorneys and the objections shall include a proof of service clause with the name of the party/parties or attorney who was served, the manner of service and the date of service.  Failure of service shall be grounds for dismissal of the objections.
2. If a party files timely objections, any other party may files objections not later than ten (10) days after the first objections are filed.  Any party may also file a brief in opposition to the objections within fourteen (14) calendar days after the objections are filed.
3. If a party makes a request for findings of fact and conclusions of law under Rule 52 of the Ohio Rules of Civil Procedure, the time for filing objections begins to run when the magistrate files an amended decision including findings of fact and conclusions of law.
4. Objections shall be specific and state with particularity the grounds for the objections.  All objections must be in conformity with Rule 53 of the Ohio Rules of Civil Procedure which require an accompanying transcript or affidavit of evidence submitted.  However, in the interests of justice, the court may waive this requirement.  The court may disregard any evidence which was not submitted to the magistrate unless the objecting party demonstrates within the objections that with reasonable diligence he or she could not have discovered and produced the evidence for the magistrate’s consideration at the time of the original hearing.
5. If the court finds merit in an objection to a magistrate’s decision, the court may reject or modify the magistrate’s decision, hear additional evidence, refer the matter to the magistrate with instructions, order a trial de novo before another magistrate or the court, or enter such other order as justice may require.  Once the court rules, the stay of execution shall be lifted and the case shall proceed pursuant to the court’s order.  If the court finds no merit in an objection, the court shall overrule the objection, lift the stay of execution, and declare the original judgment in full force and effect.

The employees of the Clerk of Court’s office shall assist unrepresented prevailing parties in the collection of judgments obtained in the Small Claims Division.  Employees of the Clerk of Court’s office may explain to the parties and assist them in the preparation and filing of any necessary forms for proceeding in aid of execution to collect and enforce judgments.

The court may in its discretion order that the judgment, interest and costs be paid pursuant to a monthly time payment schedule.  During compliance with the time to pay order, the court may stay the execution of the judgment and other proceedings in execution.  The stay may be modified or vacated at any time.

pi>Within thirty (30) days after judgment, if the judgment is not satisfied and the parties have not otherwise preed, the court, upon the request of the judgment creditor, shall order the judgment debtor, on a form prepared by the court, to list all assets, liabilities and personal earnings.  The form, known as a Writ of Examination, shall contain a notice that failure to complete the form and return it to the court within one week after receipt may result in a citation for contempt of court.  Any party who, with notice of the possible contempt citation, willfully fails to comply with the order of the court, may be cited for contempt of court as provided in Ohio Revised Code Chapter 2705.  The Writ of Examination must be filed by the small claims judgment creditor only; it cannot be filed by an attorney.

 

1. Pursuant to Ohio Revised Code Section 1925.17, a corporation may file, present or defend a small claims action, but may not conduct any acts of advocacy unless represented by an attorney.
2. A bona fide officer or salaried employee of a corporation may request a continuance or file an objection in a small claims action.

Pursuant to Ohio Revised Code Section 1925.02(A)(2)(a)(ii), a Small Claims Division does not have subject matter jurisdiction to hear actions on any claims brought by an assignee or agent, except a claim to recover taxes that is filed by an authorized employee of a political subdivision or any authorized officer or employee of the state, as defined in Ohio Revised Code Section 1925.08(C) or a claim filed by a person designated under Ohio Revised Code Section 1925.18 to act as the representative of a prosecuting attorney.

Except when represented by an attorney at law, a small claims action must be filed, presented and/or defended by the real party in interest.  Individuals with a power of attorney, whether recorded or not, cannot represent a party in a small claims action.

The purpose of mediation is to provide an alternative for litigants to voluntarily settle their disputes.  The intent is to promote expeditious case resolution, ease overcrowded dockets, minimize post judgment proceedings and maximize good community relations.

1. Mediation Schedule
   

   Mediations shall be scheduled and conducted consistent with the small claims court dockets and availability of mediators.

2. Referrals to Mediation
   

   Cases may be referred to mediation based on the wishes of the parties to the case and/or the session magistrate.

3. Disposition of Cases
   

   Cases successfully meditated shall be disposed of by the session magistrate by way of dismissal, continuance or as otherwise provided by law or agreement of the parties.  Unsuccessful mediations shall be immediately referred back to the session magistrate for trial or other disposition of the case.

4. The Mediation Agreement
   

   All successfully mediated cases shall be memorialized by a written agreement signed by all parties to the agreement or as otherwise agreed by the parties.

5. Mediation Confidentiality
   

   Mediations shall be conducted in a confidential setting.  Except at the discretion of the mediator and with consent of the parties, a witnesses may not participate in or observe the mediation.  Mediation agreements shall not be placed in the official case file, but shall be separately retained in the custody of the coordinator of mediation.

6. Breached Mediation Agreement
   

   If at any time after a mediation agreement is executed, one of the parties thereto believes the agreement was breached, the non-breaching party may request a hearing on the agreement which may be set for hearing in the ordinary course of the small claims court’s schedule.  Ordinary mail notice shall be sent to all parties.  If, at such hearing, the court determines the agreement was breached, the case may immediately proceed to trial on the agreement or the underlying claim which formed the basis of the original complaint, at the non-breaching party’s election.  If the court determines there was no breach, then the court shall take appropriate action consistent with justice.

   The chief magistrate or a designee is hereby authorized to promulgate mediation forms, schedules, internal procedure manuals and other related documents consistent with this rule or any other rule herein.

The court’s civil branch committee shall periodically review the procedures of the Small Claims Division to ensure its informal and uncomplicated nature.  Additionally, procedures employed by the various court personnel who assist unrepresented parties shall also be subject to periodic review to ensure that the Division’s practices do not violate prohibitions against the unauthorized practice of law.