Rule 1 General

General

(A) These rules prescribe the procedures to be followed in the Housing Division of the Toledo Municipal Court (“Housing Court”) in order to ensure uniformity and fairness in all operations of the Court.

(B) All inquiries from the media shall be referred to the Court Administrator’s Office.

(C) Except where provided herein, the Housing Court will be governed by the Ohio Rules of Civil Procedure (“Civ. R.”) and Criminal Procedure (“Crim. R.”). All provisions of the Toledo Municipal Court Local Rules not in conflict with the rules herein are incorporated by reference.

(D) Counsel Of Record - Email And Other Required Information; Notices Of Appearance

1. Pleadings, motions, or other documents of a party represented by counsel (attorney) shall be signed by at least one counsel of record in the counsel's individual name and must include his/her address, registration number, telephone number, telefax number (if any), and business email address.

2. Any counsel retained to represent a litigant in the Housing Division of the Toledo Municipal Court shall file a Notice of Appearance or a Limited Entry or Appearance as outlined in Civ. R. 3(B).

3. Filing an answer or other responsive pleading does not constitute compliance with Rule 1(D)(2).

(E) Ex Parte Communications

1) An “ex parte communication" is any direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter.

2) Pursuant to rules governing judicial hearing officers, no one shall directly or indirectly initiate or solicit ex parte communications with the judge, a magistrate, or other judicial officer.

(F) Consolidated Cases

1. When two (2) or more cases are consolidated, parties must file a signed original of any pleading, document, or other entry under each and every case number in which they wish the filing to be considered.

(G) Location Of Court Records

1. In accordance with ORC §1901.31(E), the Clerk of Court shall file and safely keep all journals, records, books, and papers of the court, except as provided in Rule 1(G)(2). As a result of this statutory responsibility, no affidavits, civil jackets, court transcripts, or any other court records shall be taken from the building by any person.

2. Any authorized person wishing to obtain a criminal or civil housing case from the Clerk’s Office must have the case electronically scanned prior to taking the case. Authorized persons include attorneys, court personnel, and all others authorized by journal entry.

3. Any person who removes and conceals any official court record may be referred to the proper legal authorities for evaluation of criminal charges, and may further be referred to the Toledo Bar Association Grievance Committee.

(H) Housing Court Schedule

1. Court is in session daily, Monday through Friday, from 8:30 a.m. to 4:30 p.m.

2. As the judge follows a seven-week rotation of the municipal court, on weeks that the judge presides over a normal court docket, the following schedule shall be implemented:

   1. Housing Court will be held on Tuesdays, Wednesdays, and Fridays for criminal cases to be heard in courtroom #8 at 9:00 a.m. The remaining Tuesday and Wednesday sessions will begin at 1:30 p.m.

   2. On Thursdays, for civil Housing Court, cases will be heard in courtroom #8 at 9:00 a.m.

   3. Mondays will be reserved for jury trial cases and act as an additional docket day for surplus housing civil and criminal cases to be heard. If cases are scheduled, they will be in courtroom #8 at 9:00 a.m.

3. The Housing Court magistrate will hear Assessment of Damages (AODs) hearings in courtroom #9 at 1:00 p.m., Monday through Friday. Forcible Entry and Detainer (FED) cases will be heard at 1:30 p.m. in courtroom #9, Monday through Friday. Rent escrow cases will be heard by the magistrate at 2:00 p.m., Tuesday through Thursday, in courtroom #9.