Welcome to the City of Huron Ohio

The Huron Municipal Court has geographic jurisdiction of cases occurring or arising in the city of Huron and Huron Township. The subject matter jurisdiction of the Court is its ability to hear and decide specific types of cases. The Huron Municipal Court has subject matter jurisdiction over misdemeanor cases; traffic cases; limited proceedings in felony cases; civil cases where the amount in controversy does not exceed $15,000.00; and Small Claims cases where the amount in controversy does not exceed $3,000.00. Civil marriages can also be performed by Judge William Steuk.

Misdemeanor cases are criminal cases where the penalty does not exceed one year in jail and/or a fine in excess of $1,000.00 with some limited exceptions. Examples of misdemeanor cases are domestic violence, assault, petty theft, resisting arrest, criminal damaging, menacing, and stalking.

Felony cases, such as murder, robbery, grand theft, etc. may be heard at the preliminary hearing level in the Huron Municipal Court. If the prosecutor chooses to file felony charges with the Court rather than filing the case directly with the Erie County Grand Jury, the defendant appears before the Huron Municipal Court to have bail set and to demand or waive a preliminary hearing. The purpose of the preliminary hearing is to determine whether probable cause exists to charge the defendant with the felony offense. If the defendant waives his right to a preliminary hearing or if probable cause is found at the hearing, the felony case is transferred to the Erie County Common Pleas Court for further proceedings.

Traffic cases from the City of Huron, The Erie County Sheriff’s Office, and the Ohio State Highway Patrol in the geographic jurisdiction of the Huron Municipal Court are heard by the Court. In some cases, a person who receives a traffic ticket may plead guilty and pay the fine without coming to Court. This is called “waiving” the ticket. Go to not guilty plea page to find the Court’s waiver procedure and schedule of fines. Persons who wish to plead not guilty or no contest with an explanation must appear in Court before the Judge.

Civil cases are limited to $15,000.00. If the amount of money being sought by either party exceeds $15,000.00, the case may be dismissed or transferred to the Erie County Common Pleas Court.

Small Claims are civil claims for money damages only and may not exceed $3,000.00. The Small Claims Court is designed to be a quick and inexpensive way of resolving civil claims, often without hiring an attorney, although any party may be represented by an attorney if they like.

Judge Steuk is only our fourth Huron Municipal Court Judge since the Huron Municipal Court opened in 1965. Judge Steuk continues in a solid tradition of fairly and efficiently serving the citizens of Huron and Huron Township.

EDUCATION:
Graduated in 1989 from Sandusky High School,
Graduated in 1993 from the University of Michigan (B.A. History),
Graduated in 1996 from the Ohio Northern University Pettit College of Law.

EXPERIENCE:
Upon graduation from law school in 1996, Judge Steuk joined the law firm of Flynn, Py & Kruse, Co., LPA. He continues as a part time attorney with many business and individual clients. He focuses on areas such as Business Contracts, Real Estate, and Estate Planning Law.

In 2006, Judge Steuk was appointed to the position of Judge of the Huron Municipal Court by the Governor of the State of Ohio.

OTHER ACTIVITIES:
Member of the Association of Municipal/County Judges of Ohio, Inc.
Member of the United States District Court - Northern District of Ohio
Member of the American Bar Association
Member of the Ohio State Bar Association
Member of the Erie County Bar Association.

Judge Steuk believes that his court room should be open and available to the community. Judge Steuk writes bi-weekly, “From the Bench” articles for the Huron Hometown news on legal and court topics affecting our community. He also frequently gives tours of the court to groups such as the boy scouts and girl scouts. Please contact the court at 419-433-5430 if your group is interested in a court tour. Since 2007, Judge Steuk partnered with Huron High School Social Studies teacher, Heather Merckens to give each of her students the opportunity to sit next to him on the bench during his daily proceedings as a “volunteer bailiff.” This program gives her Civil Law class students first hand experience in an actual court of law.

Julie Ortega has served as Clerk of Court since November 1996 when she was appointed by Judge Ralph C. Pisano, Sr. She has since worked for all four judges that have served the Huron Municipal Court since that time. She is currently appointed by Judge William Steuk.

Julie received her Bachelor Degree in Accounting from the University of Arizona in 1992. Julie lives in Huron with her husband and two children.

Julie serves as a board member for the Ohio Association of Municipal Court Clerks.

The Clerk of Court for the Huron Municipal Court also acts as the Court Administrator. It is her duty to handle all issues within the court relating to casework and administrative issues. The job description for this position is specifically spelled out in the Ohio Revised Code as to responsibilities, etc. The clerk works directly for the Judge of this court, as she is appointed by the Judge upon his taking of office. The court employs one full time employee who works primarily with criminal/ traffic cases and one part time employee who is responsible for civil cases. All three employees are cross trained to help in any area to help during busy times.

The Court Clerk is responsible for handling the caseload that comes into this court. It is the Clerk’s responsibility to ensure that all cases are filed timely, processed accordingly and that all aspects of the case are adhered to. Cases are filed by various law enforcement agencies (Huron Police department, Ohio State Highway Patrol, Erie County Sheriff, Department of Natural Resources, Taxation and Liquor Control). Civil Cases are filed by individuals and attorneys. These cases are all processed through the clerks’ office and prepared for court. Many cases never see the inside of a courtroom and are handled in this office through various forms (dismissal for compliance, waiver of misdemeanor tickets, etc). For those cases that do make it to court, the clerks’ office is responsible for the follow through on all court ordered conditions. These conditions take the form of payment plans, jail time to be served and probation provisions. All these conditions are monitored by the clerks’ office.

The clerks’ office is responsible for all reporting of cases filed. We are responsible for reporting to the various law enforcement agencies upon conviction, the Bureau of Motor Vehicles weekly, the Supreme Court of Ohio monthly.

As the Court Administrator, the clerk’s job is to monitor all administrative aspects of the court. She is responsible for monitoring personnel, keeping track of hours worked, all purchasing and budgeting in conjunction with the finance department and lastly all monthly and yearly reporting standards. The court is required by law to report and disburse monthly all activity for that particular month. This involves the reconciliation of all funds and accounts and the disbursement of all monies collected for that month. The court is required to report and disburse this money as required by the Ohio Revised Code. The Ohio Revised Code establishes how all monies should be distributed.

It is the clerks’ responsibility to maintain the efficiency and process all cases so that they are available for the Judge. The judge will rule on all contested cases, motions, and persons who appear before him in court and the Clerks office will follow through with all orders given by the Judge.

The Huron Municipal Court hours are Monday through Friday 8:00 AM until 4:00 PM. We are closed on all legal holidays.

The Huron Municipal Court is located in the city of Huron’s Municipal building located at 417 Main Street, Huron, Ohio 44839. For a complete list of directions please see below. If you would like to see a map, click here.

From the South:
Take I-71 north to Rt. 13 north. Follow Rt. 13 to US 250 west through Norwalk, Ohio. Turn Right onto OH-13 and continue until road turns into Mudbrook Road. Continue on same road until turns into Main Street. The Huron Municipal Building is on the left hand side past the first main intersection.

From the East:
Take I-90 west. Merge onto OH-2 west. Take the Rt .13 Huron exit and turn right heading north. Rt. 13 turns into Main Street. The Huron Municipal Building is on the left hand side past the first main intersection.

From the West:
Take I-80 E/I-90 E towards Cleveland. Take the OH-4 exit, EXIT 110 towards Sandusky/Bellevue. Turn Left onto OH-4/Hayes Avenue. Merge onto OH-2 East. Merge onto us-6 East. Turn Left at OH-13/Main Street. The Huron Municipal Building is on the left hand side just after the turn.

Acquittal -- A verdict in a criminal trial in which the defendant is found not guilty of the charge.

Appeal -- A legal action in which a litigant asks a higher court to review and reverse a lower court's decision.

Bail --A thing of value -- for example, money or the deed to a house -- given to the court to ensure a defendant's appearance in court. If the defendant appears at all court proceedings as required, the bail is returned at the end of the case, subject to all outstanding costs being paid. If the defendant fails to appear as required, the bail may be kept by the court.

Bench --The place where the judge sits. It also is another word for the court itself.

Burden of proof --The duty of a litigant to prove or disprove an allegation in court.

Conviction --A verdict in a civil or criminal trial in which the defendant is found guilty of the charge.

Damages --Money awarded to a plaintiff in a civil case. Damages are assessed against the defendant who is found by the jury or judge to have been responsible for the plaintiff's injuries. See Injury.

Defense Attorney -- The lawyer who represents the defendant in any legal proceeding.

Evidence -- The information used in court to prove or disprove an allegation.

Hearing -- A court proceeding in which evidence is presented to determine facts that are in dispute.

Indictment -- A formal, written accusation issued by a grand jury charging someone with a crime. An indictment is not proof of a crime.

Injury -- Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.

Jury Charge -- The judge's address to the jury after all testimony has been heard in a trial. The charge explains the law that the jury is to apply in deciding on a verdict.

Lawsuit -- A civil action brought in court in which a plaintiff seeks a remedy provided by the law, such as damages.

Litigant -- Someone who is a party to litigation. The litigant can be the side bringing the lawsuit or the side being sued.

Mistrial -- A trial that is terminated by the judge before a verdict is returned. For example, a judge might declare a mistrial if the jury is deadlocked and cannot reach a decision.

Petit Jury -- A group of citizens summoned to and sworn by the court to hear evidence and render a verdict in a trial.

Plea bargain -- An agreement between a criminal defendant and a prosecutor in which the defendant admits having committed a crime. In return, the prosecutor asks the judge to impose a less severe sentence than had the defendant been convicted at a trial. The judge is not bound by the terms of a plea bargain. A plea bargain ensures that a guilty defendant is punished.

Prosecutor -- The lawyer who represents the State or City in a traffic/criminal case.

Settlement -- An agreement between the plaintiff and defendant in a civil case to resolve the dispute without a trial.

Sentence -- The punishment a judge imposes on a person convicted of a crime.

Statutory law -- Laws, or statutes, enacted by legislatures, such as the Ohio State General Assembly or the United States Congress.

Verdict The decision of the jury in a jury trial, or of the judge in a bench trial.

It is ordered that on and after January 1, 2001 the following be, and the same is hereby adopted as the Rules of Court, regulating the practice and procedure of this court until otherwise ordered. All other rules previously established are expressly revoked, except rules pertaining to court costs and deposits for costs which remain in full force and affect.

The Rules of Superintendence of the Ohio Supreme Court and the Ohio Rules of civil and Criminal Procedure, under which these local rules are promulgated shall also govern the practices and procedures of this court. Nothing in the rules shall be interpreted to conflict with such Rules of Superintendence.

These rules shall be effective on and after January 1, 2001 and may be amended by proper court order at any time thereafter.

Sessions of this court shall be as ordered from time to time for arraignments and Civil cases. Generally, sessions shall be held each Tuesday and Friday commencing at 9:00 A.M.

The office of the Clerk shall be open from 8:00 A.M to 4:00 P.M., Monday through Friday. Payments on fines and tickets can be paid after hours at the Police Station provided that Defendant has proper paperwork and Court date has not passed.

The Municipal Judge of Huron Municipal Court is also the Administrative Judge. The Administrative Judge shall be governed by Rule 2 of the Rules of Superintendence.

The Clerk shall prepare and keep all dockets, books and public records as required by law.

(a) Every final order made by a Judge shall be evidenced by a journal entry, which journal entry shall be signed by the Judge. The journal entry may be by separate instrument or by entry on the jacket, in accordance with the practice in the respective Municipal Court. The journal entry in all civil cases shall be by separate instrument.

(b) Counsel for the party in whose favor, or on whose request, any order, judgment or decree is rendered, shall at request of the Judge, within three (3) days thereafter, unless the time be extended by the Judge, prepare the journal entry and submit it to counsel for the opposite party of parties, if any, who shall approve or reject it within twenty-four (24) hours after such presentation. If rejected, counsel so rejecting shall, within twenty-four (24) hours after rejection, prepare an Entry. Both entries shall be presented to the Judge forthwith. The Judge will thereupon approve one of said tendered entries, or prepare an entry to the Court's satisfaction, duly noting exceptions, and file the same with the Deputy Clerk.

(c) In any case not tried to a jury, any party may request a separate finding of law and fact any time before the decision of the Court is announced.

Satisfaction in whole or part of a judgment may be entered on the docket by the attorney of record, attested to by the Clerk or Deputy Clerk, or by Journal Entry signed by the party or the attorney of record and approved by the Judge.

(a) No action or proceeding shall be accepted for filing by the Clerk of this court unless there first shall be deposited the filing fee required by this court in it's latest revised schedule of costs, except that upon a representation of indigency, the Clerk shall investigate the accuracy of such representation and upon finding that such indigency does exist, the security for costs shall be waived. The court shall maintain a current schedule of fees and costs for distribution to the public, not inconsistent with those of the Revised Code and the Court of Common Pleas.

(b) Deposits and advance payments of fees and costs shall be returned only by order of the Court and only when the same have been paid by the party against whom they are assessed by the court.

(c) When a jury has been summoned for trial in a civil case, the party demanding same shall be forthwith required to make an advance deposit as security for costs in such sum as the Clerk determines to be reasonable. The cost of summoning jurors and the fees of jurors shall be apportioned to the respective proceeding and shall be taxed as part of the Court costs. The minimum deposit for jury trial shall be $750.00

(B) All pleadings, orders, and entries must be presented and date stamped at the Clerk's office.

(C) No pleading after being presented to the Clerk's office shall be amended or altered without consent of the Court. (subject to Ohio Civil Rules on Amendments to pleadings)

(D) The original copy of all pleadings shall be the court's copy, possession of which shall not leave the Court's premises.

(F) Sufficient additional copies of all pleadings must be filed with the Clerk's office to secure adequate coverage of all necessary parties.

(G) All requests shall be in writing or by written precipe signed by the requesting party of interest or their attorney.

(H) Attorneys must subscribe legibly all pleadings, entries and motions or in the alternative print the spelling of their name beneath the signature. The address, telephone number and supreme Court number of the respective trial counsel shall be placed on the pleading of first instance.

(I) Where an assignment is part of a case and is expected to be offered into evidence, a true copy of the entire assignment in unconditional form shall be attached to the complaint. The assignment shall not be used as a ruse to prevent the action from being brought by the real party in interest. The assignment must be absolute and unconditional, in order to prevent duplicity of payment.

(J) In attachment and garnishment proceedings, a true copy of the affidavit shall be served with the summons and order of attachment and garnishment.

(K) In actions on account, the account must show the name of the party charged and contain the following:

1. A beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum.)

2. Listed items (or an item, dated and identifiable by number or otherwise, representing charges, of debits and credits).

3. Summarization by means of a running or developing balance, or an arrangement of beginning balance and items which permits the calculation of the amount claimed to be due.

(L) In actions on account, interest shall be at the highest legal rate permitted upon the balance of the account as of the date of the last debit entry, unless otherwise pleaded.

(M) The filing of a motion or pleading subsequent to the complaint shall be accompanied by proof of service signed and dated. The copy served upon the opposite party or his attorney shall be signed and dated.

(N) All motions shall be accompanied by a brief or memorandum of authorities in support of said motion. In default thereof, such motions may be stricken from the files. Opposing counsel shall have seven (7) days to file an answer brief.

(O) Motion to advance cases out of numerical order must be accompanied by affidavit showing meritorious grounds for such advancement.

(P) All motions for continuance shall be made in writing and proof of service upon opposing counsel or a copy of such motion shall be filed not less than fourteen (14) days before the trial date.

(Q) The grounds for continuance must be stated in such motion. Such motion may be set for hearing before the trial date and the Court shall give opposing counsel notice of the time of such hearing. No case will be continued on the trial date, except for good cause shown, which was not known to counsel prior to the date of trial and provided that counsel had used due diligence to be ready for trial and has notified or made diligent effort to notify his opponent as soon as he became aware of his necessity to ask for a continuance. All continuances shall be to a certain date.

(R) The court shall give all parties not less than fourteen (14) days advance notice of any trial date, unless all parties waive such advance notice.

(A) Except in actions for forcible entry and detainer or in replevin, when a party in any case is not prepared to move or plead by answer day, ONE extension of time may be had upon application to the court and without notice for a period of not exceeding thirty (30) days. Consent of counsel may be filed as a journal entry in the case and shall be evidence of "good cause shown" for the first leave only. Any leave to move or plead thereafter may be had only with the approval of the Court and upon application to the court, with notice to the opposite party or counsel, and for good cause shown, consent of opposing party or counsel shall not in and of itself constitute cause.

(A) Counsel filing any motion or exception shall file therewith a memorandum containing a short, concise statement of the points relied upon and the authorities supporting such contentions and a true copy of it shall be served forthwith upon each opposing counsel and each party not represented by counsel.

(B) Unless the time be extended by the Court, a motion directed to any pleading shall be filed within the time allowed by the Civil Procedure for a responsive pleading.

(D) Opposing counsel may, within fourteen (14) days after receiving a copy of such motion or exception, file an answer brief or memorandum of like character. Copies thereof, shall be furnished and delivered as provided in paragraph (A) of this rule.

(A) Motions, in general, shall be submitted and determined upon the motion papers hereinafter referred to. Oral arguments of motions will be permitted on written request and proper showing, or by mutual written request of the parties.

(B) The moving party shall serve and file with his motion a brief written statement of reasons in support of motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence he desires to present in support of the motion.

(C) Each party opposing the motion may serve and file within fourteen (14) days after filing of the motion, a brief written statement of reasons in opposition to the motion with supporting citations of the authorities on which he relies. If the motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence which he desires to submit in opposition to the motion.

(D) Reply or additional briefs upon motions and submissions many be filed with leave of the court only upon a showing of the necessity therefor.

(E) Objections to interrogatories. Objections to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in full to which objection is made.

(F) All pleadings and briefs containing references to statutes or regulations shall have attached thereto a copy of the statute or regulation.

(A) All cases pending for a period of sixty (60) days in the docket of this Municipal Court in which service of summons or service by publication has not been made, shall be dismissed by the court, unless good cause is shown to the contrary.

(B) If a party fails to comply with an order or decision of the Court, said case may be dismissed, or judgment may be rendered as upon default as the case requires.

(C) Cases assigned for trial, upon which no appearance is made by the plaintiff on trail date shall be dismissed for want of prosecution, or otherwise disposed of by the judge.

(D) In forcible entry cases, if plaintiff fails to appear at the time set for hearing, the cause shall be dismissed at the plaintiff's cost.

There shall be no term in this Municipal Court, but for the purpose of computing time, ninety days following judgment shall be considered within term and time thereafter shall be considered after term.

(A) When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil cause shall, within ten (10) days thereafter unless the time be extended by the court, prepare a proper journal entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after its receipt by him and may, in case of rejection, file objections thereto in writing with the court.

The judgment entry specified in Ohio Civil Rule 58 shall be journalized within thirty (30) days of the verdict, decree or decision. If such entry is not prepared and presented for journalization by counsel, then it shall be prepared and journalized by the court.

The court shall approve a journal entry deemed by it to be proper, sign the same and cause it to be filed with the clerk.

(B) When a request for finding of fact and conclusions of law is made, the judge shall direct the party making the written request to prepare, within five (5) days, proposed findings of fact and conclusions of law and submit them to the opposing counsel. Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the court with objections and counter proposals, if any, in writing; however, only those findings of fact and conclusions of law made by the court shall form part of the record.

AMENDMENT: Upon motion of a party within ten (10) days after the filing of the findings, the court may amend the findings, make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend or a motion for judgment.

No person (except a judge of the court) without consent of the Clerk of Courts shall remove any court papers, files of the court or parts thereof from the custody of the Clerk.

For the purpose of insuring the readiness of cases for pretrial and trial the following procedures shall be in effect.

(1) All contested matters, except forcible entry and detainer and small claims, shall be set for a telephone case management conference where all parties are represented by counsel. The court shall place the call to the parties unless otherwise ordered.

(2) Where one or more parties are not represented by counsel, contested matters will be set for a case management conference at which all parties must be present unless otherwise ordered.

(3) Counsel or parties participating without counsel should be prepared at the case management conference to enter into a binding case management schedule setting forth a timetable for the amendment of the pleadings, the filing of motions, the exchange of witness reports and medical and hospital records, the termination of discovery, and the final pretrial and trial of the action. Such schedule shall thereafter be adopted as an order of the court.

(B) Pretrial Conference:

(1) The court will schedule a pretrial conference prior to the trial date unless otherwise ordered. The primary purpose of a pretrial conference shall be to achieve an amicable settlement of the controversy in suit. If the court concluded that the prospect of settlement does not warrant further court supervised negotiations, then the court shall act on any other matters which come before it at the time and efforts shall be made to narrow legal issues, to reach stipulations as to facts in controversy and, in general, to shorten the time and expense of trial. The court may enter a pretrial order to become part of the record of the case embracing all stipulations, admissions and other matters which have come before it. The court shall at that time determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed. Subject to the provisions for arbitration hereinafter provided, the court shall also stipulate in writing whether the case shall be referred to arbitration. Counsel and parties must appear before the court at the final pretrial. Insurance adjusters may substitute for their insured provided they have full authority to settle the case on behalf of the insured. No appearances by telephone will be allowed unless specifically permitted by the court. The judge assigned to the case may for good cause shown waive the pretrial requirements stated herein. The judge assigned to the case may schedule additional pre trial conferences if it deems it necessary.

(2) At the time of the final pretrial, the court may consider other appropriate matters in accordance with Civil Rule 16, as well as the imposition of sanctions as authorized by Ohio Civil Rule 37, and such other matters as will aid in the disposition of the case.

(3) ATTENDANCE REQUIRED: The following are required to attend all pretrial conferences unless excused by the judge to whom the case is assigned after prior notice to opposing counsel.

a) All parties in interest unless the claim for relief against the party is fully covered by insurance;

b) An insurance company representative in all cases in which the claim for relief is covered in whole or in part by insurance.

c) The attorney must have full authority to present and conclude all matters involved in the case.

(4) All questions relating to the listing, consolidating and severing of cases shall be submitted to the judge to whom the cases are assigned. The court, however, on its own motion, may consolidate or sever cases at any time before the taking of testimony begins.

(A) Subject to Ohio Supreme Court Rules of Superintendence the court may promote the use of any device or procedure which would tend to facilitate the earlier disposition of cases.

(B) The court may provide for the selection of the petit jury outside the courtroom and establish the procedure for the examination of the prospective jurors.

(C) On the trial of an issue of fact, only one attorney for each party shall examine or cross-examine any witness, unless otherwise permitted by the court.

All cases shall be tried by the court unless a jury trial has been demanded in writing pursuant to the appropriate statutes and rule of Civil and criminal Procedure.

Jurors shall be chosen by the Erie County Common Pleas Court as provided by law and summoned by an officer of this Court. When a jury is demanded and not used, a jury fee of $75.00 shall be assessed against the party making the demand.

For jury trials, one week prior to trial, each party or attorney is to provide the court with a complete set of jury instructions, cited to O.J.I. and/or case law, where applicable. These instructions are also to be exchanged with opposing counsel. Jury instructions should include, but are not limited to, the names of possible witnesses. Also, counsel must notify the court one week prior to trial if you intend to use videotaped testimony or evidence.

In all civil cases said demand shall be accompanied by a deposit of $750.00 for all cases. This rule shall be subject to the statutes regarding indigents.

(A) In General: Discovery shall be conducted in accordance with Civil Rules 26 through 37.

3) Obtaining admissions and stipulations of fact and making them part of the record.

6) Determination of the number of witnesses and exhibits to be introduced at trial and the probable length of trial;

(C) Further Assignments: at the pretrial conference, if no settlement has been reached, the judge may, by journal entry, assign a further pretrial date or a firm trial date and shall give a copy of the entry to each attorney and party without counsel. Delivery of such a copy shall constitute sufficient notice so that further notice under local Rule 8 shall be unnecessary.

(A) Continuances of Civil and Criminal cases shall be in accordance with the Rules of Superintendence.

(B) Requests for continuances: All requests for the continuance of a trial must be by written motion which complies with the Civil Rules. Continuances shall be granted only by the judge to whom the case is assigned.

(C) Appearing at trial unprepared: If a party or counsel appears for trial but shows good cause as to why he is not ready for trial, the court shall make such order or orders as it deems proper. If a party or counsel appears for trial but indicates that he is not ready for trial without showing good cause for his unreadiness, the court, if such party is one seeking affirmative relief, shall enter an order dismissing the claim for want of prosecution, or if a party defending a claim, shall order the party seeking relief to proceed with the case and shall determine all matters ex parte.

(D) Failure to appear at trial: If a party seeking affirmative relief, either in person or by counsel, fails to appear for trial, the court shall enter an order dismissing a claim for want of prosecution. If a party defending a claim, either in person or by counsel, fails to appear for trial and the party seeking affirmative relief does appear, the court shall order such party to proceed with the case and shall determine all matters ex parte.

(E) Settlements prior to Trial: If a case set for trial is settled, the trial counsel shall immediately notify the court and thereafter, as provided by the rules, file a stipulation of dismissal or other proper entry.

Unless a certified return receipt, United States Post Office Form PS 3811 is received, or a properly completed and stamped certificate of mailing is received, together with a copy of the fifteen (15) day demand, the proceedings in aid shall be returned to the party filing the same.

Stipulations, final entries and other similar documents filed with the clerk must be entered upon the regular docket as filed and become a part of the regular files of the case.

All juries shall be drawn through the Clerk of Courts of Erie County Common Pleas Court in the same manner as juries for Common Pleas Court.

An application by a debtor for a trusteeship under Section 2329.70 of the Ohio Revised Code must contain a full and complete statement, under oath, setting forth:

1. The names of the secured and unsecured creditors with liquidated claims, their complete address, account numbers and amount due and owing to each. If account is being administered by someone other than the creditor list their name and complete address.

2. The disposable amount of money earned in a thirty (30) day period by the applicant, as set forth in Section 2329.62 of the Ohio Revised Code, the usual day or days applicant receives his pay, his place of residence, the number of his dependents, their ages and relation to the applicant.

3. The name of the person who made a demand upon him or her in accordance with Section 1911.40 of the Ohio Revised Code and date of such demand.

An order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approved by the Judge.

The applicant shall furnish a notice of the appointment for each creditor showing the amount owed said creditor and the amount of total indebtedness, together with addressed, stamped envelope. Notices to be mailed by the Trustee with notice for the creditor to answer within ten (10) days of mailing, or they will be included in the Trusteeship in the amount stated.

If a debtor fails, through mistake or otherwise, to list a creditor, said creditor or debtor, upon motion to the Court, with notice to the other party, may be listed in the trusteeship. A creditor who becomes a creditor after the appointment of a trustee, shall participate in any distribution made by the trustee after the next ensuing distribution.

Upon the filing of an application for Trusteeship, no action to subject the personal earnings of the debtor shall be brought or maintained by any creditor listed.

Any trusteeship that is in arrears for payment for sixty (60) days shall be dismissed. Any trusteeship that is inactive for six (6) months shall be dismissed.

The attorney representing an applicant for trusteeship shall be permitted to include his claim for such services in the trusteeship and said for attorney fees shall be given priority over all other creditors in the amount not exceeding two hundred dollars ($200.00). Upon the first distribution of funds to creditors, the claim of such attorney shall be paid in accordance with this priority and shall not exceed an amount of two hundred dollars ($200.00).

Sections 2329.62 through 2329.69 of the Ohio Revised Code provide for exemptions and are based upon disposable earnings. The trustee is hereby authorized to require proof of disposable earnings and eligibility for exemption of payment by affidavit or otherwise and at such times as he shall deem necessary.

Upon written notification to the Court of any pending bankruptcy proceeding and the bankruptcy case number effecting any litigant in this court, there shall be a journal entry as follows:

"defendant having filed a petition in the US Bankruptcy Court, the Bankruptcy Act established an automatic stay of proceedings against the debtor, in 11 U.S.C. 362

(a). It is hereby ordered that the commencement or continuation of any action to obtain or enforce any judgment against the Defendant/Debtor or his property is hereby stayed until the bankruptcy case is closed, dismissed, or a discharge granted or denied, or until Defendant/ Debtor's property is no longer property of the bankruptcy estate or until the Bankruptcy Court grants relief from its stay. Clerk to send copy to counsel of record.

Unless motion to the contrary is filed, the pending action will be dismissed after one hundred eighty (180) days.

Each party litigant shall be charged with the responsibility of maintaining a correct mailing address. In the event a forcible entry and detainer entry is issued causing the defendant to be removed from the residence, it will be deemed sufficient service and adequate notice for the Clerk to mail, by regular mail to the defendant, date of hearing to last known address notwithstanding the fact that said litigant does not reside at that address.

An attorney, having entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to notices or call therefor, unless a court entry of withdrawal is timely filed and approved by a Judge of the Court. If the subject case and time has been assigned for hearings, that fact and the hearing date shall be set forth in the entry. Proof of service on the client and opposing counsel shall be indicated on such entry when submitted to the court.

In addition to Rule 13.05, counsel must provide substitute counsel as provided in M.C. Rule 16(c), if client appears and trial is set at a later time.

All tapes of proceedings, trials and hearings in the Court shall remain in the exclusive care and control of the Judge and referee of said Court for a period of eighteen (18) months. A transcript of the tape recordings may be obtained by a certified court reporter obtaining permission of the Court to transcribe the tape recording into a typewritten transcript. Transcription of original tape shall not be permitted without court approval.

The Huron 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 court procedure, protect the rights of individuals before it, deter those who would take violent action against the court or litigants, sustain the proper 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 Rule of Superintendence for Municipal Courts (Rule 18) the court establishes as follows:

The court shall appoint a local Security Advisory Committee, consisting of one representative of each of the following groups: judges, law director, law enforcement, city council, and other bar community groups as deemed appropriate by the court.

The court shall implement a local security policy and procedure plan by July 1, 1996, which plan 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 manual shall establish written directives for the purpose of ensuring security within the Court while maintaining accessibility to the community.

The Provisions of this Local Rule are adopted under Crim.R.12(B). Pleadings and other documents may be filed with the Clerk of Courts by facsimile transmission to 419-433-5120 subject to the following conditions:

These rules apply to Criminal, Traffic, Civil and Small Claims proceedings in the Huron Municipal Court. However, all initial Civil and Small Claims complaint documents will not be accepted for facsimile transmission.

A Document filed by fax shall be accepted as the original filing. The person making a fax filing need not file any source documents with the Clerk of Court but must, however, 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, together with the original copy of the facsimile cover sheet used for the subject filing.

The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for appeals are exhausted.

A "facsimile transmission" means the transmission of a source document by s system 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.

A "facsimile machine" means a machine that can send and or receive a facsimile transmission.

"Fax" is an abbreviation for "facsimile' and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.

The person filing a document by fax shall also provide therewith a cover page containing the following information:

j) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and the e-mail address of the person filing the fax document; and

If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at it's discretion:

b) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document SHALL NOT be considered filed with the Clerk of Courts. The Clerk of Court is not required to send any form of notice to the sender of a failed fax filing. However, if practicable, the Clerk of Court may inform the sender of a failed fax filing.

b) fax a copy 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.

c) a party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must 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 less than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name if 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 Defendant's Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk of Court 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. The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

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.

The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission. The risks of transmitting a document by fax to the Clerk of Courts shall be borne by the sender. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever means are available.

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.

Facsimile filings shall not exceed 20 pages in length. The filer shall not transmit service copies by facsimile.

Upon order of the Court, and in accordance with Rule 16 of the Rules of Superintendence for the Court of Ohio and Ohio Revised Code Section 2710, a civil action filed in this Court may be submitted to mediation as provided in this rule. Parties, if they wish, may have their attorneys and other individuals they designate to accompany them and participate in mediation. By participating in mediation, a non-party participant, as defined by Ohio Revised Code Section 2710.01(D), submits to the Court’s jurisdiction to the extent necessary for enforcement of this rule. Any non-party participant shall have the rights and duties under this rule as are attributed to parties, except that no evidence privilege shall be expanded. Mediator is defined to mean any individual who mediates cases pursuant to an order of this Court, regardless of whether that individual is an employee, an independent contractor or a volunteer.

All civil cases may be referred to mediation. Before the initial pre-trial conference in a case, counsel shall discuss the appropriateness of mediation in the litigation with their clients and with opposing counsel. Mediation shall not be used as an alternative to the prosecution or adjudication of domestic violence, to determine whether to grant, modify or terminate a protection order, to determine the terms and conditions of a protection order, or to determine the penalty for violation of a protection order. At the initial pre-trial conference the parties and counsel shall advise the Court of the results of their discussions concerning mediation. At that time and at subsequent conferences, if necessary, the Court may explore with the parties and counsel the possibility of using mediation.

A party opposed to either the referral or the appointed mediator must file a written objection with the Court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.

The case is referred to mediation by order of the Court. The Court may issue the order on its own motion, upon the motion of counsel or upon referral by the mediator.

Continuances shall be granted only for good cause shown and after a mutually acceptable future date has been determined. No continuance will be granted if the mediation cannot be scheduled prior to the final pretrial.

All remaining court orders shall remain in effect. No order is stayed or suspended during the mediation process.

Mediation communications are privileged as described in Ohio Revised Code 2710.03-2710.05.

If the parties wish mediation communication to be confidential they will effect a written confidentiality agreement prior to mediation.

The mediator shall inform the Court who attended the mediation, whether the case settled, and whether efforts to settle the case through mediation are being continued or if the case is being returned to the Court for further proceedings. No other information shall be directly or indirectly communicated by the mediator to the Court, unless all who hold a mediation privilege, including the mediator, have consented to such disclosure. The mediator shall keep mediation communications confidential, unless all who hold a mediation privilege, including the mediator, have consented to such disclosure.

Trial counsel, all parties and, if applicable, the principal insurance adjuster(s), all with authority to settle, shall personally attend all mediation sessions prepared to discuss all relevant issues, including settlement terms. A party other than a natural person must be represented by a person other than counsel If counsel or any mediation party becomes aware of the identity of a person or entity whose consent is required to resolve the dispute, but who has not yet been joined as a party in the pleadings, they shall promptly inform the mediator as well as the assigned Judge of such fact. If the opposing parties to any case have either resided in a common residence or are related by blood, adoption, or marriage, and have known or alleged domestic abuse at any time prior to the mediation, then the parties or their counsel have a duty to disclose such information to the mediation staff. Such party shall have a duty to participate in any screening required by the Supreme Court of Ohio’s Rules of Superintendence Rule 16 both prior to, and, in the mediator’s discretion, during the mediation session(s).

If any of the individuals identified in the above-paragraph fail to attend mediation without good cause, the Court may impose sanctions, including the award of attorney’s fees and other costs, contempt or other appropriate sanctions.

The efforts of the mediator shall not be construed as giving legal advice. The Court may have materials for legal or other support services available in the community. The mediator is authorized to provide such resource information; however, such distribution shall not be construed as a recommendation of or referral to such resource. The recipient of that information is charged with the duty to evaluate those resources independently.

If the parties fail to dismiss a settled case within the later of sixty (60) days or the time noted in the entry that gave the Court notice of the settlement, then the Court may dismiss the case administratively. Upon such administrative dismissal, court costs shall be paid from the funds deposited. If court costs exceed the funds deposited, each party shall bear their own costs.

All traffic/criminal cases are handled by this Division. Motions and pleadings filed in all traffic/criminal cases, pre-trial conferences, motion hearings and trials will be processed by this Division.

If you are ticketed or arrested within the jurisdiction of the Huron Municipal Court for a traffic violation or a city ordinance violation, your case will be processed in the Traffic/Criminal Division. Many traffic or criminal citations are waiverable, meaning that you can avoid a court appearance by pleading guilty and remitting the fine and court costs by mail to the Clerk of Court or in person. All waivers must be paid no later than the day prior to your scheduled court date. Certain citations require your appearance in court. This will be indicated on your citation. It is strongly suggested that when you are scheduled to appear in the Traffic Court that you bring your ticket, drivers license and proof of insurance to Court.

Speed Limit 20		Speed Limit 25		Speed Limit 35			Speed Limit 45
21	$78.00	26	$78.00	36	$78.00		46	$78.00
22	$81.00	27	$81.00	37	$81.00		47	$81.00
23	$84.00	28	$84.00	38	$84.00		48	$84.00
24	$87.00	29	$87.00	39	$87.00		49	$87.00
25	$90.00	30	$90.00	40	$90.00		50	$90.00
26	$93.00	31	$93.00	41	$93.00		51	$93.00
27	$96.00	32	$96.00	42	$96.00		52	$96.00
28	$99.00	33	$99.00	43	$99.00		53	$99.00
29	$92.00	34	$102.00	44	$102.00		54	$102.00
30	$105.00	35	$105.00	45	$105.00		55	$105.00
31	$108.00	36	$108.00	46	$108.00		56	$108.00
32	$111.00	37	$111.00	47	$111.00		57	$111.00
33	$114.00	38	$114.00	48	$114.00		58	$114.00
34	$117.00	39	$117.00	49	$117.00		59	$117.00
35	$120.00	40	$120.00	50	$120.00		60	$120.00
36	$123.00	41	$123.00	51	$123.00		61	$123.00
37	$126.00	42	$126.00	52	$126.00		62	$126.00
38	$129.00	43	$129.00	53	$129.00		63	$129.00
39	$132.00	44	$132.00	54	$132.00		64	$132.00
40	$135.00	45	$135.00	55	$135.00		65	$135.00
41	$138.00	46	$138.00	56	$138.00		66	$138.00
42	$141.00	47	$141.00	57	$141.00		67	$131.00
43	$144.00	48	$144.00	58	$144.00		68	$134.00
44	$147.00	49	$147.00	59	$147.00		69	$147.00
45	$150.00	50	$150.00	60	$150.00		70	$150.00
46	$153.00	51	$153.00	61	$153.00		71	$153.00

Speed Limit 55		Speed Limit 65
56	$78.00	66	$78.00
57	$81.00	67	$81.00
58	$84.00	68	$84.00			NOTE: All Accidents $ 130.00
59	$87.00	69	$87.00			NOTE: All third, etc. offenses in twelve months, if so stated in affidavits, must make court appearance.
60	$90.00	70	$90.00			NOTE: Waiver amounts may not exceed $155.00, if exceeds this amount, then charged with reckless operation.
61	$93.00	71	$93.00
62	$96.00	72	$96.00			*All waiver amounts for speeds are as follows : $ 75.00 court cost plus $3.00 / mile over the speed limit
63	$99.00	73	$99.00
64	$102.00	74	$102.00			*Driver seat belt ........ $80.00 Passenger seat belt .... $70.00
65	$105.00	75	$105.00
66	$108.00	76	$108.00
67	$111.00	77	$111.00
68	$114.00	78	$114.00
69	$117.00	79	$117.00
70	$120.00	80	$120.00
71	$123.00	81	$123.00
72	$126.00	82	$126.00
73	$129.00	83	$129.00
74	$132.00	84	$132.00
75	$135.00	85	$135.00
76	$138.00	86	$138.00
77	$141.00	87	$141.00
78	$144.00	88	$144.00
79	$147.00	89	$147.00
80	$150.00	90	$150.00
81	$153.00	91	$153.00

Some violations are waiverable, whereas, you do not need to appear in court . A ‘waiver’ is a plea of guilty. Contact the court to find out the amount of your ticket and whether it is waiverable. If the ticket is waiverable, please send a certified check or money order to the court along with the signed ticket. The back of the ticket has a place for the defendant to sign indicating that you are in fact ‘waiving’ this ticket. Be advised THE HURON MUNICIPAL COURT DOES NOT ACCEPT PERSONAL CHECKS.

Insurance MUST accompany payment, unless arrangements have been made with court officials. Insurance may be in the form of a photocopy of insurance card, copy of insurance policy, fax from insurance agent. Failure to file insurance will result in a 90 day suspension of your drivers license by the state of Ohio.

Civil cases in the General Division of the Huron Municipal Court are limited to claims up to the monetary amount of $15,000.00. There is also a requirement that the claim did occur or arise within the city of Huron or Huron Township. If the amount of money being sought by either party exceeds $15,000.00, or the case is outside the geographic limitations of the Court, the case may be dismissed or transferred to the Erie County Common Pleas Court.

Small Claims are civil claims for money damages only and my not exceed $3,000.00 The Small Claims Court is designed to be a quick and inexpensive way of resolving civil claims, often without hiring an attorney, although any party may be represented by an attorney if they like.

                   Is a Lawyer required for Individuals? No, it is not necessary to have a lawyer in small claims court. The                    procedures are simpler than in regular civil court and the hearings are more informal. However, anyone                    who wishes to have an attorney can do so.

                   What kind of case can be filed in a small claims court? A complaint that asks for money damages only,                    and up to $3,000, exclusive of court costs. The court also accepts counterclaims for money damages up                    to $3,000, exclusive of court costs.

                   Who can sue or be sued? Any person, company or organization can file a claim or have a claim filed                    against them. A person under eighteen years of age can sue or be sued through her of her parent or                    guardian. A person who brings the action is called the plaintiff, and the person against whom it is                    brought is called the defendant.

                   What does it cost? The filing fee for a small claims complaint with one defendant is $50.00, and for                    each additional defendant there is an extra cost of $5.00. The fees must be paid at the time you file.                    You may ask the court to require your opponent to pay court costs incurred by you in addition to the                    amount of the judgment itself.

                   What do I have to do to start a small claims action? You must file a complaint. You can use the form                    provides by the office of the Clerk of Court or download the form here. You must have the following                    information:

How do I know if I can file my claim in the Huron Municipal Court? The Court has jurisdiction if the transaction or incident on which the claim is based took place within its territorial jurisdiction, or if the defendant resides or is located within this jurisdiction. The jurisdiction of the Huron Municipal Court includes the city of Huron and Huron Township.

How do I prepare my claim? Write or type a short, plain statement of the claim on the small claims complaint form provided by the Clerk of Court. You may also download the form here.

How do I serve the defendant? Your complaint will be sent to the defendant by certified mail by the clerk’s office, unless otherwise directed. If the post office return indicates that the service is not perfected, you must make other arraignments to serve the defendant, depending upon the reason that the service is not good.

What happens next? Provided you have good service against the defendant, your case will be set for trial before a judge or magistrate.

What if I can’t come on the day the trial is scheduled? As soon as possible, file a written request for a continuance of the date. Whether or not it is granted will depend upon the discretion of the court. The Court will rarely grant more than one continuance of the hearing.

What happens if the defendant files a counterclaim for more than $3,000? In that case, the defendant should also file a motion asking to have the case transferred out of the small claims court to the regular civil docket.

For more information, please contact us:

Huron Municipal Court
Civil Division
417 Main Street
Huron, Ohio 44839
419.433.5430
fax: 419.433.5120

The statutory action of a landlord seeking to evict a tenant is referred to an eviction, or a forcible entry and detainer. This procedure is governed by Chapter 1923 of the Ohio Revised Code. The following is a brief summary of eviction proceedings and is by no means exhaustive.

A landlord seeking an eviction must serve the tenant with a three-day notice to vacate the premises. An eviction will not be ordered if the three-day notice is not properly prepared and served.

Pursuant to ORC section 1923.04(A), the notice may be served upon the tenant in one of the following manners:

By Ohio law, every notice to vacate must contain the following language, printed or written in a conspicuous manner:

You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.

The landlord must wait three days after service of the notice before filing a court action, exclusive of the date of delivery of the notice, as well as weekends and legal holidays.

If the tenant does not leave by the day provided, the landlord may file a complaint for forcible entry and detainer. The complaint must be accompanied by a copy of the three-day notice and the required filing fee. Click here for list of civil court costs. A notice of the complaint and hearing date and time will be served upon the tenant by the Clerk of Court.

An eviction case may be filed in the Huron Municipal Court if the subject property is located in the city of Huron or Huron township.

There are two separate hearings. The first hearing is to determine whether the tenant will be required to leave the property.

A second hearing is scheduled if money damages are requested by the landlord in the complaint. This hearing is to determine whether the landlord is entitled to receive money damages from the tenant for back rent, damage to the property, unpaid utilities, etc. The landlord must be present at each hearing in order to provide proof and to receive the relief requested. The tenant has the right to appear at both hearings to contest the eviction and/or the grant of money damages.

The first hearing will be scheduled within ten days after the complaint is mailed to the defendant. If money damages are requested in the complaint, a second hearing will be scheduled within sixty days of the first hearing.

In the event the tenant fails to appear at the eviction hearing, a writ of restitution will be ordered requiring officials to remove the tenant and the tenant’s possessions from the property if the tenant does not leave voluntarily. The landlord must arrange for and pay for a mover to remove the tenant’s property. The landlord may also arrange to have a locksmith present to change the locks.

Eviction matters can be complex as both landlords and tenants have substantial rights and obligations under Ohio law, federal law, and the parties’ written lease. Both parties may be represented by counsel to answer and resolve any legal and/or procedural questions.

When a judgment is made on a Civil or Small Claims case and the losing party does not pay, the winning party has the option of filing bank or earnings garnishment proceedings to collect the money they are awarded. Garnishment is a process which lets the creditor claim and take a debtor’s money that is currently being held by a third party. Garnishments are either for personal earnings or other than personal earnings. Personal earnings are for wages from an employer. Other than Personal Earnings is a bank, saving and loan, credit union or someone holding money in an account that belongs to the debtor.

To begin the process of a wage garnishment, a “Notice of Court Proceedings to Collect Debt” must be mailed to the debtor using a certificate of mail or some other method that shows proof of mailing. The Creditor must wait 15 days after mailing this notice before a wage garnishment can be filed. You can then file the wage garnishment with the clerk’s office. Bring a copy of the Notice and the proof of mailing and the clerk will provide you with the garnishment form. The appropriate payment will be required for this filing. Please see the Civil Costs for the amount. Once the garnishment is approved by the judge, the clerks’ office will start the garnishment process.

Under Ohio garnishment law, which became effective March 30, 1999, a garnishment on wages can remain in effect until the judgment is paid in full. The only way the wage garnishment does not remain in effect until the judgment is paid in full is if the garnishee receives a subsequent garnishment order for a different creditor against the same debtor, or receives a garnishment of higher priority. A garnishment of higher priority can be a garnishment from a court of higher jurisdiction, a child support order, a tax levy, etc. If a subsequent garnishment order is filed, then the current order will remain for a period of 182 days from the date of order. If this does happen, then the creditor can start the garnishment proceeding all over again to set your garnishment in order to be collected from the debtor.

To begin this type of garnishment proceedings, you can complete the necessary forms at the clerk’s office. Please note that unlike the wage garnishment, there is no notice to the judgment debtor to collect the debt. These types of garnishments can be processed immediately upon the proper forms being completed and the appropriate costs paid to the clerk’s office. Once the garnishment is approved by the judge, the clerks’ office will start the garnishment process.

PLEASE BE ADVISED THAT THE COURT STAFF CANNOT HELP WITH FINDING INFORMATION REGARDING A JUDGEMENT DEBTOR (EITHER IN THE FORM OF AN EMPLOYER OR A BANKING INSTITUTION). THIS RESPONSIBILTY IS SOLELY THE JUDGEMENT CREDITORS’.

At any point in the process, the garnishee may request a hearing before the Judge concerning their garnishment. No facts about the original claim are reviewed at this hearing; they are strictly designed to cover payment of the judgment. To request a hearing, the garnishee may complete a garnishment hearing request form and file it in the clerk’s office. Both parties will then be notified as to the time and date of the hearing.

Trial by jury is one of the most important rights which Americans enjoy and is unique to our system of justice. Trial by jury is guaranteed by the Constitutions of the United States and the State of Ohio. To be called upon to serve as a juror is one of the most important civic duties you may ever perform.

Jurors should report to the clerk’s office at 8:30 on the date of your summons. The Huron Municipal Court selects a jury for a three month period, however, jurors are not expected to report every day for three months. The court usually only has a few cases scheduled during this time. Jurors will be notified by mail for the date in which they are to appear. Upon the cancellation of a trial the court will notify you by telephone. Jurors should come to the Municipal City Building at the date indicated on their summons. After all jurors have assembled and have been checked in by the Clerk of Courts, the Clerk will explain the schedule and procedure for the trial at hand. Jurors then remain with the Clerk until called for trial. Jurors will then be escorted to the Courtroom when the trial is ready to begin.

Juror Selection Process
Potential jurors are selected by the Erie County Common Pleas Court and submitted to this court on a yearly basis. From the 300 selected for a year, the court will randomly select approximately 30-40 potential jurors for a three month period. When called for trial, all potential jurors take an oath and are questioned first by the Judge and then by the attorney’s. This process is called voir dire. The goal of the voir dire is to obtain a fair and impartial jury for each trial. After questioning the jurors, each attorney has the right to excuse a certain number of jurors. After the attorneys are satisfied with the composition of the jury, the remaining jurors are sworn and constitute the panel for that jury. The other jurors are excused.

Expungement
Generally

Ohio Revised Code 2953.31 provides that a defendant may apply to a court to seal the official record, including the record of arrest, in the following criminal cases.

1. A conviction if the defendant is a first offender as defined in R.C. 2953.31(A), and the offense that is the subject of the conviction is not prohibited from being expunged and sealed under R.C. 2953.36;

Under Ohio Revised Code 2953.36, expungement is not available for the following:

2. Convictions under section 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 2907.12, or Chapter 4507, 4510, 4511, or 4549 of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters;

3. Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of section 2917.03 of the Revised Code and is not a violation of section 2903.13, 2917.01 or 2917.31 of the Revised Code that is a misdemeanor of the first degree;

4. Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony;

Application for expungement of a conviction in the Huron Municipal Court must be made in writing to the Court. The application must be accompanied by a $75.00 filing fee. A defendant seeking expungement must meet the statutory requirements.

The application for expungement may not be filed until one year after the person’s final discharge. “Final discharge” means the date or conviction, or the date the defendant’s community control sanctions ends, whichever is the later. The Court will set a date for hearing on the application, with notice to the prosecutor, who can file specific objections to the application before the date of hearing. Appearance by the applicant is not required at the hearing.

In deciding whether to grant the expungement, the Court will consider several factors such as whether the applicant is a first offender, whether criminal proceedings are pending against him or her, whether the person has been rehabilitated to the Court’s satisfaction, whether the prosecutor objects, and the person’s interest in having the record sealed versus the legitimate needs of the government in maintaining the records.

In the event the Court grants the application, it shall order all official records pertaining to the case sealed, and, with certain exceptions, order all index references to the case deleted. In essence, the proceedings shall be considered not to have occurred.

If you have any questions, please do not hesitate to call the court at (419) 433-5430.

You may mail all forms and attached papers to:
Huron Municipal Court
417 Main Street
Huron, Ohio 44839

Expungement Generally

Expungement
Generally