LOCAL RULES

RULE 19 - JURY MANAGEMENT

A.  The opportunity for jury service shall not be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against any cognizable group.  To the fullest extent possible, the Court shall provide handicapped access, hearing impaired equipment and enhanced exhibits for sight impaired where required for jurors.

B.  Selection of Venire.

(1)  The jury source list shall be the list of all voters registered at the Union County Board of Elections or as otherwise prescribed by law.  The jury source list should be as inclusive of the adult population in the jurisdiction as is feasible.

(2)  The Union County Jury Commission shall select two panels for each term.  Jurors shall be selected at the same time and in the same manner as selection of Union County Grand Jury and Petit Jury venire.  The first panel shall serve during the first half of the term, the second panel shall serve during the second half.  The jury commissioners may use manual or automated means to insure that each eligible and available person has an equal probability of selection.

C.  All persons shall be eligible for jury service except those who:

(1)  Are less than eighteen years of age and registered to vote.

(2)  Are not citizens of the United States.

(3)  Are not residents of Union County.

(4)  Are not able to communicate in the English language.

(5)  Have been convicted of a felony and have not had their civil rights restored.

D.  Jurors in each panel shall be available for service for two consecutive months, or completion of three trials, whichever occurs first.  Prior to the commencement of each four month term, each juror shall be notified in writing of the first trial assignment for the panel.  The notice shall include a phone number that jurors may call twenty-four hours a day, seven days a week, to receive a recorded message regarding the next assigned jury trial.

The status of the next assigned jury trial shall be available no later than 3:00 PM each day by recorded message.  Jurors will be given the phone number to call to hear this message, and be advised to check the status of any jury trial the evening prior to the trial.  In the event that jurors are advised that they need not appear, they shall be advised of the next scheduled jury trial.  Only the Assignment Commissioner, or her express designee, may cause to be recorded a message to advise jurors that they need not appear for service.  The Assignment Commissioner may take a previously scheduled jury trial out assignment for jury only if one of the following applies:

(1).  Upon receipt of a written waiver of the right to a jury trial bearing the caption and case number and executed by the defendant.  A jury waiver filed in cases involving two or more companion cases that bears a case number without the capital letter designation of one or more of the individual cases shall be deemed to be a waiver as to all cases bearing that case number.  Oral notice or request by counsel or a party, or a written waiver executed only by counsel shall not be cause for taking a case out of assignment for a jury trial.

(2)  Upon specific order of the trial Judge.

E.  In the event that a trial is taken out assignment for jury, the Assignment Commissioner shall cause the jurors to be notified that they need not appear for service only if:

(1)  All cases scheduled for jury trial on that date have been taken out of assignment as above provided, or

(2)  Upon specific order of the trial judge.

F.  An eligible person summoned for jury duty shall be excused from service for the full term only upon written request and only if:

(1)  The person's ability to receive and evaluate information is so impaired that the person is not able to perform duties as a juror.

(2)  The person is 70 years or older and service would be a continuing hardship to the person or to others.

(3)  The person is a full time student, currently enrolled for and attending classes.

(4)  The person is a full time care giver of a child under the age of six years, or a disabled person and no other person is reasonably available to care for said person in the summoned person's absence.

(5)  The person is previously scheduled to be out of the state of Ohio during the entire period of the jurors term.

(6)  The person has served on a state or federal jury within the twenty-four months preceding the current term.

(7)  The person suffers a permanent physical disability or chronic medical condition that would render jury service a hardship on said person.

G.  An eligible person summoned for jury duty may be excused for a limited period during the term only upon written request, and only:

(1)  During the period of a previously scheduled vacation involving travel of more than fifty miles one way;

(2)  During the period of a previously scheduled business travel requiring an overnight stay or travel more than fifty miles from the city of Marysville.

(3)  During the period of illness or temporary disability as the juror, or dependant of the juror who requires the juror's full-time assistance to convalesce, where there is no other person reasonably able to care for said person in the summoned person's absence;

(4)  In cases of undue hardship as determined by the Court.

Excuses from jury duty may be allowed only very conservatively in respect to litigants' Constitutional right to submit their case to a jury that is truly representative of the community.  The Court recognizes that any summoned person may be required to miss a brief period of employment for jury duty, just as the person might miss work due to illness, death or accident.  Assertions by a person summoned, or an employer thereof, that the person is indispensable even for jury duty will rarely merit an excuse from jury duty.

H.  Voir dire examination shall be limited to matters relevant to determining whether to remove a juror for cause or to determine the juror's ability to be fair and impartial.  See Ohio Jury Instruction 2.01.

(1)  Prior to commencement of the term, each juror shall complete a background information questionnaire that shall be made available to counsel in writing for each party at least 24 hours prior to the day on which jury selection is to begin.  Questions on the questionnaire shall not be repeated on voir dire.

(2)  The trial judge shall generally conduct a preliminary voir dire examination.  The Court may allow counsel to inquire for a reasonable period of time.  Questions previously submitted by the Court, or counsel shall not be resubmitted by another counsel, or another party.

(3)  Counsel shall respect the privacy interests of jurors.  Each juror shall be afforded the privilege of requesting voir dire privately at the bench for purposes of avoiding embarrassment or invasion of privacy.

(4)  Voir dire shall be conducted on the record.

(5)  Counsel and unrepresented parties shall not attempt to indoctrinate jurors, obtain commitments of any kind, instruct the jury, or argue the case during voir dire.

(6)  The trial judge may invite jurors to ask questions of the Court and/or counsel prior to completion of voir dire.

I.  Only the trial judge has authority to remove a juror for cause upon the exercise of a preemptory challenge.  Challenges for any reason shall be exercised with due regard and respect for effected jurors, and only in the form of a request that the court remove or excuse the juror.

(1)  A juror may be removed for cause if the person is ineligible to service, or unable or unwilling to hear the particular case fairly and impartially.

(2)  Preemptory challenges will be allowed as provided by law.  Use of preemtory challenges to remove jurors on the basis of race, national origin, gender, age, religous belief, disability or any other factor that discriminates against any cognizable group is forbidden.  If upon inquiry by the Court, a party cannot assert a nondiscriminatory basis for exercising challenge, the removed juror may be restored, and the challenge waived.

J.  The summons for jury duty shall include the background questionnaire and notice of the initial trial assignment above discussed.  The summons, questionnaire, and trial assignment shall be written in plain Engligh, intelligible to persons unfamiliar with the legal and jury system.

(1)  The summons shall be delivered by ordinary mail and shall explain how and when the recipient must respond, and the consequences of failure to respond.

(2)  The questionnaire should be phrased and organized so as to facilitate quick and accurate screening and should request only information essential for determining eligibility and basic background information.

K.  The Court shall annually evaluate:

(1)  The representativeness and inclusiveness of the jury source list;

(2)  The effectiveness of qualification and summoning procedures;

(3)  The responsiveness of individual citizens to jury duty summonses;

(4)  The efficient use of jurors; and

(5)  The cost-effectiveness of the jury management system;

(6)  Post-service juror questionnaire may be used for this purpose. 

L.  The Court shall determine the minimum number of persons needed to accommodate trial activity, and adjust the number of individuals summoned for jury duty as needed.  Generally, forty persons shall be summoned for each of the two panels that serve each term.

M.  Jurors must be provided suitable facilities within which to gather prior to trials, and to recess and deliberate during trials.

(1)  Arrival and registration procedures shall be clearly explained in advance and the check-in area shall be clearly identified to accommodate the orderly flow of prospective jurors to the appropriate area.

(2)  To the fullest extent possible, jurors shall be accommodated in pleasant waiting facilities furnished with suitable amenities, including but not limited to, adequate and accessible rest rooms and a drinking fountain.

(3)  To the fullest extent possible, the jury deliberation room shall include adequate space, furnishings, and facilities conducive to reaching a fair verdict.  The safety and security of the deliberation rooms shall be ensured.

(4)  To the extent feasible, juror facilities should be arranged to minimize contact between jurors, parties, counsel and the public.

N.  Persons called for jury service shall receive fees and expense reimbursement as allowed by law.  Jurors shall bear the responsibility of notifying the Court of any change of name or address during jury duty.  Such sums shall be timely paid.

O.  Employers are prohibited from discharging, laying off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service.

P.  Immediately prior to the commencement of the first trial for each venire, the Court shall conduct a brief orientation program intended to increase prospective jurors' understanding of the judicial system and jury service.

The trial judge shall:

(1)  Give preliminary instructions as to the nature of the case and Voir Dire proceedings to the entire venire.

(2)  Give preliminary instructions following Voir Dire to explain the jury's role, the trial procedures including note taking and questioning by jurors, cautionary instructions regarding fraternizing with litigants, witnesses, and/or attorneys, not discussing the case with others prior to deliberations, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles.

(3)  Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations.  Whenever possible, the court shall make written copies of the full text of the instructions available to jurors to read during this phase of the trial and to take into deliberations.

(4)  Before dismissing a jury at the conclusion of a case:

(a)  Release the jurors from their duty of confidentiality;

(b)  Explain jurors' rights regarding inquiries from counsel or the press;

(c)  Either advise them that they are discharged from service or specify when they must report for the next trial; and

(d)  Express appreciation to the jurors for their service, manifesting neither approval nor disdain for the outcome of the deliberations.

R.  All communication between the judge and members of the jury panel from the time of reporting to the courtroom for voir dire until dismissal shall be in writing or on the record in open court.  Counsel for each party shall be informed of such communication and given the opportunity to be heard.

S.  Every reasonable effort will be made to conclude jury trials on the same day they begin.  This may require jury deliberations during evening hours.  Deliberations will be carried over additional days, including weekends only on a finding that such will not impose an undue hardship upon the jurors and is required in the interest of justice.

T.  Training shall be provided to personnel who escort and assist jurors during deliberations.

U.  A jury shall be sequestered only for good cause including, but not limited to, insulating its members from improper information or influences.  In the rare event that sequestration is warranted the Court shall impose procedures to achieve the purpose of sequestration; and to minimize the inconvenience and discomfort of the sequestered jurors.

RULE 20 - CONDUCT OF TRIAL

A.  Except when making objections during testimony, counsel shall rise and remain standing when addressing the Court or jury.

B.  The Court Reporter shall be the official custodian of all exhibits offered during the trial of any cause, the same shall be retained by the Reporter until otherwise ordered by the Court.

C.  Any party desiring a Court Reporter for a non-jury civil trial shall be responsible for making appropriate arrangements.

RULE 21 - WITHDRAWAL OF COUNSEL

A.  Counsel for any party shall be permitted to withdraw from an action upon written motion filed not less than fourteen days prior to the date set for trial only:

(1)  With the written consent of the client and the entry and appearance of substitute counsel or;

(2)  Upon showing of good cause and consent of the Court.  Such consent will be granted only after written notice to the client stating time, date and place where such motion will be heard.  Counsel shall prepare the notice of hearing to be signed by the trial judge, leaving the date blank.

B.  No motion will be considered unless accompanied by a proposed entry granting the relief sought.

RULE 22 - COURT CASE FILES AND LIBRARY BOOKS

No files or records shall be removed from the office of the clerk without first obtaining written permission of the Clerk.  No library books shall be removed from the court premises without first obtaining written permission of the Clerk or the Judge.

RULE 23 - RETENTION OF COURT RECORDS - R.C. 1901.41

A.  All case files opened after January 1, 1988 may be reproduced on microfilm as soon after the conclusion thereof as practicable.  Whenever a case is reopened, all new proceedings shall be similarly copied.  Minor misdemeanor traffic and minor misdemeanor criminal cases concluded prior to January 1, 1988 need not be so copied.

B.  Original files of all cases that have been finally concluded for more than twenty years prior to January 4, 1993 shall be destroyed without copying.

C.  If a case has been finally concluded for more than fifteen, not less than twenty years prior to January 4, 1993 the file shall be retained as follows:

(1)  Original civil files which have been dormant for at least fifteen years, except for the return of cost deposits, shall be destroyed without copying.

(2)  Original minor misdemeanor traffic and minor misdemeanor criminal files shall be destroyed without copying.

(3)  All other files shall be retained unless a microfilm copy of the file is available, in which case, the original documents may be destroyed.

D.  If a case has been finally concluded for at least five years, but less than fifteen years, from January 4, 1993, the file shall be retained as follows:

(1)  Original minor misdemeanor traffic and minor misdemeanor criminal files shall be destroyed; microfilm copies, if available, shall be preserved, otherwise, no copy shall be made prior to destruction of the original.

(2)  Original files in all other cases shall be destroyed only after a microfilm copy of the same is available.

E.  Microfilm copies shall be preserved. 

RULE 24 - MECHANICAL REQUIREMENTS

A.  All pleadings and motions shall be legibly typewritten or printed on white paper 8 1/2 x ll inches in dimension securely bound at the top, left corner.  The first page of all pleadings and motions and entries shall provide blank space sufficient to accommodate a file stamp that will be obscure any printed or type written material.

B.  Motions and entries may not be joined on the same page or on opposite sides of the same sheet.  The Clerk shall not accept any such motion/entry for filing.

C.  Pleadings and motions must be printed on one side per page.

D.  The margin of the top of each page shall be at least one inch (1.0 in.).

RULE 25 - PAYMENTS AND DEPOSITS

Payments for fines, costs, deposits, bonds, waivers or any other item which is to be paid to the Court must be in the form of cash, certified check, money order, check written on an office or trust account of any attorney of record, or MasterCard or Visa credit card.  The Clerk may reject coinage in excess of one dollar for any payment.

RULE 26 - CRIMINAL AND TRAFFIC COMPLAINTS

A.  The Clerk shall not accept for filing a new criminal or traffic complaint that does not comply with one of the following:

(1)  In the case of a complaint other than Uniform Traffic Ticket:

(a)  If the defendant has not been arrested, the complaint shall be accompanied by one of the following:

- a praecipe executed by the appropriate city, village or county prosecuting attorney, or an assistant thereof, requesting issuance of an arrest warrant or a summons.

- a summons executed by the Clerk, a deputy clerk, or a person authorized by Criminal Rule 46 to release the defendant on bond, and a property executed return showing service of both the complaint and summons upon defendant.

(b)  If the defendant was arrested without a warrant pursuant to law and has:

- not been released on bond, the complaint shall be accompanied by a praecipe executed by the appropriate city, village or county prosecuting attorney, or an assistant thereof, requesting issuance of an arrest warrant.

- been released on bond or personal recognizance, the complaint shall be accompanied by all of the following:

(a)  a praecipe executed by the appropriate city, village or county prosecuting attorney, or assistant thereof, requesting issuance of an arrest warrant.

(b)  a summons executed by the Clerk, a deputy clerk, or a person authorized by Criminal Rule 46 to release the defendant on bond.

(c)  a properly executed return showing service of both the complaint and summons upon defendant.

(2)  In the case of a Uniform Traffic Ticket, the complaint shall be accompanied by a summons executed by the appropriate law enforcement officer.

(3)  A new complaint accompanied by a summons previously served shall not be accepted for filing unless the summons requires the defendant's appearance no sooner than four days, nor more than fifteen days following the date that the complaint is offered for filing, or unless the defendant has not been released on bond.  If the defendant is subject to a pretrial suspension of driving privileges upon a complaint or an accompanying complaint, the complaint shall not be accepted unless the summons requires the defendant's appearance no sooner than twenty-four hours, nor more than fifteen days following the date that the complaint is offered for filing.

B.  The Clerk shall not accept for filing any criminal or traffic complaint that does not include at least one of the following identifiers for the defendant:

(1)  Social security number.

(2)  Ohio driver's license number.

(3)  Date of birth.

C.  Where a defendant is alleged to have passed more than one bad check to the same vendor, person, or entity prior to the filing of the complaint, all such individual offenses shall be joined in one complaint.  The Clerk shall not accept for filing, without leave of Court, a complaint alleging a theft offense relating to passing bad checks if all of the following apply:

(1)  There has previously been filed in this Court a theft complaint against the same defendant relating to passing bad checks to the same vendor, person or entity.

(2)  Said complaint has not been dismissed.

(3)  The offense in such prior case was alleged to have occurred within ninety days of the date of the offense alleged in the last offered complaint.

RULE 27 - ELECTRONIC FILING AND SERVICE

A.  The Clerk may serve entries, assignments and court correspondence by facsimile transmission wherever the recipient is so equipped or requests such service.  Such documents may be transmitted without cover sheet.  Original documents shall be stamped to indicate facsimile service or transmission, file-stamped where appropriate, transmitted and then placed in the court file.  The Clerk shall accept correspondence, except commercial solicitations not expressly requested, by facsimile transmission.  Facsimile transmissions should include either a facsimile cover sheet or a cover letter which indicates facsimile transmission but not both.

B.  Where permitted by the Ohio Civil or Criminal Rules, non-verified pleadings and motions, may be filed by facsimile transmissions.  The Clerk may file facsimile transmissions received after 3:00 PM on the court date immediately following the date of recipt.  Pleadings and motions must be accompanied by a cover sheet or letter that identifies each individual document in the transmission by name and number of pages thereof.

(1)  No pleading or motion transmitted by facsimile shall be deemed filed until received and file-stamped by the Clerk.  Illegible copies may be rejected by the Clerk.

(2)  Equipment malfunction at the point of transmission or receipt shall not be excusable neglect for untimely filings.

(3)  Original documents (e.g., exhibits, cognovit notes, photographs) shall not be filed electronically.

(4)  Each pleading and motion received by facsimile shall be file-stamped by the Clerk as an original.  The first sheet of such document, once file-stamped, upon written request, shall/may be transmitted by the Clerk to the transmitting party at the facsimile number provided by cover sheet, cover letter or on the document itself.  Failure to provide a return-facsimile number shall be deemed a waiver of a return, file-stamped copy.

(5)  Pleadings required to be accompanied by a deposit may be transmitted electronically if otherwise allowed and if accompanied by a valid MasterCard or Visa Credit Card number on an account in counsel's name (with expiration date and name of card holder) and a written request of counsel authorizing the charge.  Such documents shall not be filed by the Clerk until the charge for the deposit or fee is verified.

C.  Proposed entries otherwise in compliance with the Local Rules may be submitted by facsimile.

RULE 28 - INDIGENT DRIVERS ALCOHOL TREATMENT PROGRAM

A.  The program shall be administered so as to maximize the likelihood that offenders will timely access the most comprehensive treatment available, for the most efficient use of funds, public and private.

B.  Offenders required by the Court to attend a program under R.C. 4511.99 will, as a matter of law, be under substantial drivers license suspensions.  Due to this restriction on mobility, offenders shall be required to attend programs conducted by providers in close geographic proximity to the offender's residence.

C.  Offenders determined to be indigent by the Probation Department immediately following sentencing shall be referred to the Court for assessment of indigence and eligibiliy for Indigent Drivers Alcohol Treatment Funds to pay for treatment.  The referral shall be in writing, filed with case showing the basis thereof.

D.  The Court will exercise its discretion in considering disbursements from the Indigent Drivers Alcohol Treatment Fund so as to ensure the best use of said funds and other government funds available for the same purpose.  Only qualified providers shall be eligible for access to said funds.  A qualified provider shall:

(1)  Be licensed to provide comprehensive substance abuse and mental health services;

(2)  Be able to provide in-patient mental health and/or substance abuse treatment on-site or have a contact with a suitable provider that can do so;

(3)  Be currently accredited by the Joint Commission for Accreditation of Hospitals Organizations.

(4)  Make services available during regular business hours and during evenings and weekends.

(5)  Provide twenty-four hour emergency services as needed or

(6)  Be previously approved by the Court, in writing, if any one or more of the above indicators is not satisfied.

E.  Payment from the Fund for services shall be made directly to the service provider.  Services shall be billed at the conclusion of treatment, or within one hundred and eighty days of the date of referral by the Court or the last billing, whichever occurs earlier, unless otherwise approved by the Court.  All payments shall be subject to availability of funds.

F.  For persons receiving treatment in a county in which multiple agencies provide services, no payment from the Fund shall be made to an agency that is eligible to receive, or that does receive other government funding for substance abuse treatment, except upon written application to, and approval by, the Court. No such application will be approved where this would foster waste of government resources.

G.  Invoices for payment from the Fund must include each of the following:

(1)  Name, address and social security number of the offender, and the case number(s) of the case(s) in which the Court made the referral;

(2)  Verification of the referral by the Court for treatment, and the designation by the A.D.A.M.H.S. Board of the program;

(3)  For providers located outside of Union County, the invoice must include a certification from Union County A.D.A.M.H.S. Board, or its designee, that the provider satisfies all requirements set forth in this rule for payment from the fund.

H.  Court records are public records available for inspection as such.  Any invoice or other documentation received by the Court that is marked "confidential" cannot, as a matter of law, be maintained as such.

I.  If an offender is referred for treatment pursuant to R.C. 4511.99 and the A.D.A.M.H.S. Board fails to timely designate a suitable program, then, in order to ensure timely treatment and protect the public from potentially dangerous, untreated offenders, the Court will designate a qualified program.  Failure to timely designate a program shall constitute a request and authorization by the Board to the Court to designate a program.

RULE 29 - ADMINISTRATIVE LICENSE SUSPENSION, IMMOBILIZATION, IMPOUNDMENT, AND FORFEITURE APPEALS AND HEARINGS

A.  The following shall be made in the form of a motion filed in the underlying or related traffic case only if final judgment is not yet rendered in said case:

(1)  Applications for hearing seeking termination of Administrative License Suspension R.C. 4511.191(H).

(2)  Applications for modified or other driving privileges during Administrative License Suspension.

(3)  Applications for relief from vehicle forfeiture or immobilization or I.D. plate impoundment (R.C. 4503.235) filed by any person claiming ownership of the vehicle.

B.  The following shall be deemed miscellaneous civil actions:

(1)  Applications for relief from an Administrative License Suspension filed after final judgment has been rendered in the related traffic case R.C. (4511.191(H)).

2.  Applications for relief from vehicle forfeiture or immobilization or I.D. plate impoundment (R.C. 4503.235) if filed by any person claiming ownership of the vehicle after final judgment has been rendered in the related traffic case (R.C. 4511.191(H)).

C.  Applications for hearing upon Administrative License Suspension and for occupational driving privileges during an Administrative License Suspension may be combined into one application whether filed in the traffic case or civil case.

D.  Where an owner files a timely application for relief from forfeiture, immobilization or impoundment, and the vehicle, previously seized, has not been returned to the owner, the Clerk shall set the matter for hearing not more than ten days following the date on which the application is filed.  If the vehicle was not seized, or has been previously returned, the matter shall be set no sooner than thirty nor more than forty-five days after the application is filed.

E.  An appeal from an Administrative License Suspension filed after the initial appearance shall be set by the Clerk for hearing within thirty days of the date on which the appeal was filed.

RULE 30 - ALTERNATIVE DISPUTE RESOLUTION

A.  The court encourages use of Alternative Disput Resolution (ADR) methods, but will not impose the same without consent of the parties.

B.  All parties are expected to engage in good faith efforts to resolve disputes in litigation prior to the pretrial conference where a jury trial is scheduled, or prior to trial where a jury has not been requested.

C.  Trials and pretrial conferences will not be delayed or continued for purposes of exploring Alternative Dispute Resolution methods except upon written assurance by counsel for each party, and each party not represented by counsel, that such method is reasonably likely to result in resolution of the dispute.  Failure of any party thereafter to pursue resolution in good faith will be subject to appropriate sanctions by the Court sua sponte, or on motion of any other party.

RULE 31 - PAYMENT OF FINES AND COSTS

In criminal and traffic cases payments for fines and costs shall be applied as provided herein:

A.  Between separate groups of companion cases and single cases with separate case numbers involving the same defendant:

(1)  Payment shall be applied to the case or group of companion cases as requested by the payor.

(2)  Absent specific request, payment shall be applied to the case or group of cases on which the least cumulative amount of fine and costs is due.

B.  Within a group of companion cases, payment shall be applied to the case requested by the payor.  Absent specific request:

(1)  Payment shall be applied first to liquidate all costs outstanding, beginning with the case on which the least amount of costs are due, before any amount is applied to fines.

(2)  After costs are paid on all companion cases in the group, payment shall be applied first to the case on which the least total fine is due, until all cases in the group are paid.

C.  On any individual case, all costs shall be paid before any payment is applied to outstanding fines in the case.

RULE 32 - COMPANION CASES

In all matters referred hereby, or by separate order, the Magistrate shall have all authority expressly provided in Civil Rule 53.  All entries, except pretrial orders covered by Civil Rule 53(C)(3)(a), shall include a provision where the Court may sign the same to become effective immediately without delay for objections.

Referral herein below notwithstanding, the trial judge retains discretion at any time to issue orders, rule on motions, and conduct hearings without advance notice to the parties.  The following matters are referred to the Magistrate:

A.  All matters in cases filed in the Small Claims Division, including motions to transfer to the Regular Division.

B.  In forcible entry and detainer actions, all hearings on petitions requesting writs of restitution.

C.  All hearings in forcible entry and detainer actions where the prayer for relief alleges and claims money damages not in excess of the jurisdictional amount for the Small Claims Division under the law effective at the time of the complaint is filed. Subsequent amendment to the complaint or the filing of counterclaims will not effect this referral.

RULE 33 - MAGISTRATES

In all matters referred hereby, or by separate order, the Magistrate shall have all authority expressly provided in Civil Rule 53.  All entries, except pretrial orders covered by Civil Rule 53(C)(3)(a), shall include a provision whereby the Court may sign the same to become effective immediately without delay for objections.

Referral herein below notwithstanding, the trial judge retains discretion at any time to issue orders, rule on motions, and conduct hearings without advance notice to the parties.  The following matters are referred to the Magistrate:

A.  All matters in cases filed in the Small Claims Division, including motions to transfer to the Regular Division.

B.  In forcible entry and detainer actions, all hearings on petitions requesting writs of restitution.

C.  All hearings in forcible entry and detainer actions where the prayer for relief alleges and claims money damages not in excess of the jurisdictional amount for the Small Claims Division under the law effective at the time the complaint is filed.  Subsequent amendment to the complaint or the filing of couterclaims will not effect this referral.

RULE 34 - TRAFFIC SAFETY DIVERSION PROGRAM

A.  The program is operated in cooperation with the offices of the Union County Prosecuting Attorney and the Marysville City Law Director to all motorists to avoid conviction for minor traffic violations and under predetermined conditions.  The purpose of the program is to promote traffic safety by encouraging participation in a state certified remedial driving program.

B.  To participate in the program, applicants must:

(1)  Have no moving violations in the 365 days preceding the date of the currently alleged violation;

(2)  Pay a fee equal that on the Fine Schedule for each eligible citation;

(3)  Not have successfully participated in the program during the two years preceding the date of the alleged violation;

(4)  Show proof of insurance valid at the time of alleged offense.

C.  Violations eligible for dismissal upon successful completion of the program include:

(1)  Any minor misdemeanor traffic offense which may be processed by the Traffic Violations Bureau.

(2)  Up to two minor misdemeanor traffice violations plus one seat belt violation arising out of the same incident may be dismissed.

(3)  Applicants with more than two citations may participate; but only two violations plus a seat belt violation may be dismissed.

(4)  If applicant applies for participation in the program and timely complies with all requirements seeking dismissal of more than the above number of violations, violations for which conviction will result in assessment of points under R.C. 4507.021 shall be processed first for dismissal.  Excess violations shall be processed by the Traffic Violations Bureau.

D.  Procedure for application and completion of the program:

(1)  Applications must be in writing and must:

(a)  Certify that the applicant is eligible to participate.

(b)  Sjpecifically refer to the citation(s) sought to be dismissed by citation number or case number, or by attaching a copy of the subject citation.

(c)  Be signed, in ink by the applicant.

(d)  Include full payment, equal to that which would otherwise be required for processing of the citation(s) by the Traffic Violations Bureau.  Personal checks may not be accepted.

(e)  Be filed prior to the date on which a plea would be required in the case under the Ohio Traffic Bureau.

(f)  Include a written waiver of speedy trial requirements.

(g)  Include a written plea, voidable upon timely, successful completion of the program.

(h)  Include proof of insurance.

(2)  Upon timely filing of a properly completed application, the applicant shall file with the Clerk, within thirty days of the last day which a timely application could be filed, proof of completion of a driver safety course state certified for deduction of two points from the applicants driving record under R.C. 4507.021.

(a)  Upon timely completion of the program requirements, and motion of the Prosecution (which may be a blanket form), the case shall be dismissed.

(b)  In the event the applicant fails to timely satisfy program requirements, the case shall be processed by the Traffic Violations Bureau upon the written plea included in the application.

E.  Submission of an application without tender of full payment of the amount due, or with an inactive credit card account number for payment, shall be held for naught, and upon failure of defendant to timely appear to enter a plea, the case shall be handled accordingly.

F.  This rule shall be liberally construed to effectuate its purpose.