RULE 6 - SMALL CLAIMS, FORCIBLE ENTRY AND DETAINER AND MISCELLANEOUS CIVIL ACTIONS

 RULE 6.1 - APPEARANCE CALL FOR CERTAIN CIVIL ACTIONS

 Appearance call for following civil actions shall be held at such places, times and dates as ordered by the Court, before the Magistrate of the Miami County Municipal Court for the following actions:

 1. Forcible Entry and Detainer,

 2. Objections to Applications for the Appointment of a Trustee under ORC 2329.70,

 3. Garnishment and Bank Attachment,

 4. Aid of Execution and Citations in Contempt.

 In four (4) types of actions set forth above in which the plaintiff or plaintiff's attorney does not appear, the action shall be dismissed without prejudice. In actions in Aid of Execution where the plaintiff or plaintiff's attorney does not appear at the time for examination as set forth in the order, the presence of anyone summoned to appear shall be noted on the docket and the party excused. In such event, the cost of that proceeding shall 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 court.

 The failure of any person to appear in examination or to hold funds, as directed under proceedings in Aid of Execution, shall be grounds for the issuance of a citation in contempt against said person. Such citation shall be issued on forms prescribed by Court and heard by the magistrate.

 On motion reciting that personal service of the proceedings in Aid of Execution was made upon the person who failed to appear or to hold funds as directed therein, an order may issue for the appearance forthwith of said person to show cause why he/she should not be punished for contempt of court.

 RULE 6.2 - FORCIBLE ENTRY AND DETAINER ACTIONS

 Actions in Forcible Entry and Detainer shall be filed and all proceedings conducted in accordance with provisions of ORC 1923.01 through 1923.14 and any amendments made thereto. Should any such action contain an additional cause of action for money judgment, then such additional cause of action shall proceed under all applicable Ohio Rules of Civil Procedure. If the Defendant is present in such action, the Court may proceed to the issue of damages at the time of hearing on the Forcible Entry and Detainer.

 When a case is called, it shall be disposed of as follows, unless otherwise ordered by the Court:

 If the Defendant, upon proper service, fails to appear the Court shall receive evidence on the necessary elements pursuant to the Ohio Rules of Evidence. Plaintiff or Plaintiff's agent shall appear and give testimony, based upon personal knowledge of the facts concerning the forcible entry and detainer; or in lieu thereof, a sworn affidavit attesting to such facts may be submitted at the time fo the hearing. The Court encourages Plaintiff to attach copies of the Notice to Vacate and an affidavit attesting to such facts may be submitted no later than at the time of the hearing. The Court shall further require all Plaintiffs to attach copies of the notice to vacate and an affidavit or ownership or agency to the complaint at the time of filing the complaint for forcible entry and detainer. Should Plaintiff or Counsel for Plaintiff fail to appear, the case shall be dismissed upon the motion of the Court.

 The Court shall no longer hire or utilized moving and storage companies when executing Writs of Restitution. Plaintiff shall continue to pay court costs pursuant of the Cost schedule of the Municipal Court; however, movers and storage companies shall not be required to be retained for execution of the Writs for Restitution. By this Order, after proper posting by the Bailiff of the Writ of Restitution, all property shall be removed from the premises by persons of the Landlord's choosing and placed at the curb of the residence address. It shall be responsibility of the Plaintiff (Landlord) to provide manpower and materials for removal of property at the time and date designated by the Court's Bailiff. It shall not be necessary for the Bailiff to be present at the time of the move out, it not being part of the function of the position of the Bailiff to serve as a peace officer.

 RULE 6.3.1 - ORDERS IN AID OF EXECUTION IN CIVIL CASES

 Orders in Aid of Execution shall be served and scheduled pursuant to Statue and Civil Rules.

 A. Service thereof may be made by regular United States mail.

 B. No Order in Aid of Execution shall be accepted by the Clerk unless the name and Ohio Supreme Court attorney identification number of the Attorney filing the same appears at the bottom of each copy.

 C. The Clerk shall not accept such orders unless one copy is furnished for each party to be served and one copy for the Clerk.

 D. In the event that the Plaintiff or his attorney fails to appear for the examination of a Debtor, the presence of the party shall be noted on the Docket and the party excused.

 E. A Debtor may obtain a release of wages upon delivery to the Court of a singed statement from his employer as to his earnings for the past thirty (30) days and upon payment to the Clerk of the amount required by law to be withheld. This provision shall not relieve the debtor of his duty to appear at the time assigned if he has been ordered to appear for examination.

 F. Except for good cause made known to the clerk, no citation in contempt for failure to appear may be issued where more than sixty (60) days have elapsed after the date on which the debtor was ordered to appear.

 G. Order in Aid and Citations in Contempt shall be filed by the party requesting the orders and in a form approved by the Court.

 RULE 6.3.2 - PRAECIPES FOR EXECUTION

 All Praecipes for Execution shall describe specifically and in detail (including model and serial number if known) all property to be seized by the Bailiff or sheriff on execution. When an execution is issued, and unless otherwise ordered by the Clerk, the Court shall require a deposit of not less than Three Hundred ($300.00) Dollars to secure the estimated basic costs of pick-up and storage of the items that are to be executed upon, plus costs and estimated mileage. This Deposit shall be made prior to any action by the Court.

 RULE 6.4 - DEBTOR'S EXAMS IN SMALL CLAIMS CASES

 Debtor's exams in small claims cases shall not be set for hearing in accordance with ORC 1925.13B. Upon the filing of a request to conduct a debtor's exam, the Clerk will mail a questionnaire to the judgment debtor(s). Upon the Court's receipt of the answered questionnaire, a copy will be

forwarded to the party requesting the debtor's exam by regular U.S. Mail. The filing fee for such a debtor's exam shall be Fifteen ($15.00) Dollars plus an additional Three ($3.00) Dollars if service is requested to be by certified mail.

 RULE 6.5 - SALES AND CONFIRMATION

 A copy of the notice of the sale of personal property shall be mailed by the Bailiff to all parties and to the attorneys of record in the case; however, failure to mail such notice shall not invalidate the sale. Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the Court and also a statement of the balance, if any still due on the judgment.

 

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