Municipal Court Rules in the United States

Municipal Court Rules Contents Sample

1. Scopes and Applicability of Rules; Division of Court
2. Terms of Court; Hours of Sessions
3. Administrative Judge
4. Records of the Clerk
5. Filing and Assignment of Cases: (A) Consecutive Numbers; (B) Assignment of Cases; (C) Continuances; (D) Dismissals; (E) Disqualifications; (F) Refilings and (G) Attorneys of Record
6. Bonds
7. Recordings
8. Deposit for Costs
9. Jurors / Jury Trials
10. Broadcasting and Photographing
11. Criminal Practice and Procedure
12. Civil Practice and Procedure
13. Complaint
14. Service of Process
15. Mail Service
16. Service by Publication
17. Extension of Time for Filing Pleadings and Motions
18. Copies of Pleadings
19. Journal Entries
20. Motions
21. Small Claims
22. Answer to Small Claims
23. Garnishment
24. Trusteeship Rules
25. Procedure Governing Criminal Pre-trial Conference
26. Case Management Rules for Criminal Cases
27. Case Management for Civil Cases
28. Case Management Rules for Special Proceedings
29. Case Management Rules for Forcible Entry and Detainer Hearings
30. Case Management Rules for Small Claims Court
31. General Order of Reference for the Magistrate

Municipal Court Rules Sample

This is the initial part of a Municipal or Local Court rules:

1.0 SCOPE AND EFFECTIVE DATE
These rules are adopted as Local Rules of (Municipal) Court governing practice and procedure in the Civil Division of the (Municipal) Court. They are adopted pursuant to the (Municipal) Court’s inherent authority as reserved in Rule xx, (State) Rules of Civil Procedure. They are effective as of April 1, 2014 and govern all proceedings filed subsequent to that date and proceedings pending on that date except to the extent that such application would not be feasible or would work an injustice.
All (State) Rules of Practice and Procedure in Traffic Cases, as amended and adopted by this (Municipal) Court February 1, 2013, are hereby re-adopted, together with the use of the (State) Uniform Traffic Ticket, in its present form and substance.
The Codified Ordinances of the City of (Municipy) with reference to Part Three-Traffic Code, as
amended, the schedule of fines as now posted and in effect, will continue in effect.
The Traffic Violations Bureau heretofore established by this (Municipal) Court is re-established by this rule.
The (State) Civil Rules and (State) Rules of Criminal procedure will continue to govern the procedures employed by the Municipal (Municipal) Court in all matters covered by said Rules.

4.0 DOCKETS AND RECORDS
The Clerk will prepare and maintain a general index, a docket, and such other records as the (Municipal) Court, by rule, may require, all of which will be the public records of the (Municipal) Court. In such docket, the names of the parties in full, the names of the counsel, and the nature of petition, issuing of summons, or other process, returns, and pleading subsequent thereto will be noted. All reports, verdicts, orders, judgments and proceedings of the (Municipal) Court so as to specify clearly the relief granted or ordered made in each section will be entered. The (Municipal) Court may order and extended record of any of the above to be made and entered, under the proper action heading, upon such docket at the request of any party to
said case, the expense of which may be taxed as costs in the case or may be required to be prepaid, by the party demanding the same.
The Clerk will keep a loose leaf sheet known as a journal entry for each file and same will be kept in the file. Each transaction and a minute of each order and judgment of the (Municipal) Court in the case will be made on said sheet by the Clerk under the direction of the Judge.
4.1 ORIGINAL RECORDS
No papers, dockets or books on file in the Clerk’s office will be removed from there for purposes other than use in (Municipal) Court.
The Clerk will permit any party to an action, his counsel or agent to make copies of any pleading or other papers in the file, but without removing the original papers from the office of said Clerk.
4.2 RECORD OF THE PROCEEDINGS
The (Municipal) Court does not employ a (Municipal) Court reporter or stenographer pursuant to RC 1901.33. Parties who wish a (Municipal) Court reporter for appeal purposes will be required to supply and pay for such service.
The video and audio of all proceedings before the (Municipal) Court will be recorded via digital recording equipment. A copy of the digitally recorded audio of the proceedings, or a portion thereof may be requested by providing the Clerk’s office with a blank CD.
5.0 OFFICERS MAY NOT PREPARE PAPERS OR CHARGE FOR NOTARY
SERVICES
Officers or employees of this (Municipal) Court will not prepare or help to prepare any pleading, affidavit, entry, or order in any civil matter, except as provided under Section X, (State) Revised Code.
No fee will be charged by any officer or employee of this (Municipal) Court for notarizing affidavits or any other matter pertinent to the civil business of this (Municipal) Court. 6.0
6.1 FORMS OF PAPERS
All papers offered for filing with the (Municipal) Court will be typewritten or printed and will not be less than or more than 8 ½ by 11 inches. Original documents attached or offered as exhibits and official (Municipal) Court forms supplied by the Clerk are exempt from the requirements of this rule.
6.2 IDENTIFICATION
All papers offered for filing with the (Municipal) Court will be identified by including:
1. The name of the assigned judge immediately below the case number, if the case has been
assigned to a judge pursuant to the Rules of Superintendence; 2. A title containing the name and party designation of the party filing it and the nature of the document (e.g. Defendant John Doe’s Answer); and 3. The typed name, signature, office address, and office telephone number of the designated trial attorney.
6.3 FILING BY FACSIMILE
All documents filed by facsimile will be accepted by the (Municipal) Court effectively as an original. The original with original signatures must be maintained by the sender and be available upon demand by the Municipal Court until the case is closed.
6.4 PROOF OF SERVICE
All documents except the Complaint offered for filing and required to be served on other parties shall contain proof of service in the form provided by Civil Rule X (B).
6.5 COPIES OF THE COMPLAINT
Plaintiffs will tender with the original Complaint a sufficient number of service copies for all
defendants to be served.
6.6 COPIES OF DOCUMENTS
The Clerk will accept only legible copies of documents attached to the pleading or motions.
6.7 CLERK’S DUTY
The Clerk shall, upon receiving papers for filing, docket same and place the original of said papers in the file jacket without delay. Upon the filing of a complaint, summons will be forthwith issued, signed by the Clerk or Deputy Clerk, and will bear the seal of the (Municipal) Court. The (Municipal) Court may order stricken any filed paper which does not comply with Rule 5.5.
6.8 BEHAVIOR AND CONDUCT
All individuals using the (Municipal) Court, including but not limited to (Municipal) Court employees, attorneys, prosecutors,
defendants, jurors, media or observers will be properly attired. No shorts, tank tops or shirts
exposing midriffs will be permitted.
All individuals entering the (Municipal) Courtroom will turn electronic devices such as cell phones, pagers, PDA’s or portable computers to silent mode or off. No cellular telephone calls will be initiated or received while in the (Municipal) Courtroom while (Municipal) Court is in session.

1.0 CASE MANAGEMENT IN CIVIL CASES
Any person filing a civil action or proceeding will deposit with his or her Complaint the
corresponding (Municipal) Court cost deposit set forth in attached Civil Cost sheet unless an affidavit or other evidence of such party’s inability to make the required deposit is approved by the (Municipal) Court. The clerk shall refuse to accept the filing of any complaint if the required deposit is not included.
Upon the filing of each new civil case, the Clerk of (Municipal) Courts will prepare a Summons, which will be served in accordance with the (State) Rules of Civil Procedure consistent with the praecipe for service,
if any, contained on the complaint. In the event no method of service is specified, the Clerk will
serve all defendants by certified mail. In the event there is a failure of service, the clerk will notify
counsel immediately.
2.0 PROCEEDING IN AID OF EXECUTION
Proceedings in aid of execution will be filed on forms prepared by Plaintiff or Plaintiff’s Attorney
and will consist of the original, to be retained by the Clerk, as many copies thereof as there are
parties to be served in the proceedings, and one copy for the return of service. The name of the
attorney filing the proceedings will appear at the place provided on the original and upon all copies.
In cases of multiple judgment debtors, separate proceedings will be filed for each debtor; costs will
be taxed as for single proceedings.
In all cases in which an Order of Attachment of an Order in Aid of Execution is filed against
personal earnings, a copy of the written demand and proof of service thereof, as required by Section
2716.02, (State) Revised Code, will be attached to the original copy of the proceedings to be filed
with and retained by the Clerk.
Orders in Aid of Execution will be served as provided in Sections 2716.04 and 2716.05, (State)
Revised Code.
Should the plaintiff or his attorney fail to appear at the time for examination set forth on the order,
the presence of anyone summoned to appear will be noted on the docket and the party excused. In
such event, the costs of those proceedings will be taxed to the party who filed the proceedings and
be so reflected on the docket, and counsel may be subject to appropriate action by the (Municipal) Court.
A debtor may deliver to the (Municipal) Court a signed statement from his employer setting forth his personal
earnings for the pay periods applicable under Section 2329.66, (State) Revised Code, for the determination of the amount of these earning subject to execution or attachment. Upon payment of
the sum so computed to the Clerk of (Municipal) Court, the debtor may obtain a release of wages. This
provision will not relieve the debtor of his duty to appear at the time assigned, if he has been
ordered to appear for examination.

See Also

Municipal Court Law
Rules of the Supreme Court
Rules of the Court of Appeals of the States
Unified Appeal
Uniform Superior Court Rules
Uniform State Court Rules
Uniform Rules for the Juvenile Courts
Uniform Probate Court Rules
Uniform Magistrate Court Rules
Uniform Municipal Court Rules
Federal Rules of Civil Procedure
Federal Rules of Evidence
Federal Rules of Appellate Procedure
Circuit Rules
Internal Operating Procedures
Local Court Rules for the United States District Court
Local Rules of the United States Bankruptcy Court
Local Rules of the United States District Court
Local Rules of Bankruptcy Procedure for the United States Bankruptcy Court
Local Rules of the United States District Court
Rules for the United States Bankruptcy Court
Rules of Procedure of the Judicial Panel on Multidistrict Litigation