Unless otherwise ordered by the court, costs in civil cases shall be assessed and payable upon filing according to the Schedule of Fees and Costs located in Appendix A at the end of the Dayton Municipal Court Rules of Practice. A Schedule of Fees and Costs is also prominently displayed in the Civil Division of the Clerk of Court. Copies of the Schedule of Costs may be made available upon request and payment of a reasonable fee.

  1. In any civil action, the court may in its discretion, with or without request or motion of a party, assign such cause for pre-trial conference. If a pre-trial is ordered, the pre-trial conference shall be by telephone, unless the court finds an in-person conference is necessary.
  2. Notice of the time and place of such pre-trial conference shall be given by the assignment commissioner to all counsel of record and the parties. Trial counsel, or the parties themselves if not represented by counsel, are to be fully prepared to discuss and consider the following matters at the conference:
    1. The possibility of settlement of the case.
    2. If a jury has been requested, a decision as to whether the case is to be tried by a jury or whether a jury trial is to be waived.
    3. Whether the case may be consolidated with another, or others, for purpose of trial.
    4. The date for delivery of a medical and special damages package.
    5. The setting of discovery, legal memorandum, and motion filing cut-off dates.
    6. The exchange of medical and expert witness reports and the date for revealing the identity of expert witnesses.
    7. Determination of the trial date and the probable length of time for said trial.
    8. Complete and careful review of all the pleadings filed in the case shall be made at such conference and the necessity and desirability of amendments to such pleadings shall be decided. Also, all jurisdictional questions shall be considered and decided.
    9. After such review of the pleadings, a stipulation may be prepared and filed in the case as to what facts are agreed upon.
    10. At the conclusion of the pre-trial conference, the court may prepare and file in the case a written order which recites the action taken at the pre-trial conference, setting forth any amendments allowed to the pleadings and the admissions, agreements, and stipulations made by the parties as to all of the matters considered at such conference. Such order shall contain a recital that the issues upon the trial of such case shall be limited to only those issues which were not disposed of by the admissions, agreements, and stipulations of counsel as set forth in the memorandum and order of the court. Such order of the court, when filed in such case, shall control the subsequent proceeding and trial of the action, unless such order is modified at the trial, in order to prevent manifest injustice to any of the parties.

Ohio Civ. R. 38 and 39 shall be followed. At the time of filing the civil jury demand, the party making the demand shall deposit the sum of eight hundred dollars ($800) with the Clerk unless a poverty affidavit approved by the court is filed in lieu of the monetary deposit. Failure to make the $800 deposit or to file the poverty affidavit within ten (10) days after filing the Jury Demand constitutes a waiver of trial by jury.

The praecipe (request) for subpoenas of witnesses in civil cases shall be filed with the Clerk not later than five (5) days (excluding intervening Saturdays, Sundays, and Holidays) before the date of trial. Where the praecipe for subpoenas is not filed in accordance with this rule, the failure of a witness to appear may not be grounds for a continuance of the case.

  1. As provided by Sup. R. 19, Magistrates shall be appointed by the court to hear the following: default proceedings under Civ. R. 55; forcible entry and detainer proceedings under Chapter 1923 of the Revised Code in which the right to trial by jury is waived or not demanded; small claims proceedings under Chapter 1925 of the Revised Code; and other appropriate matters referred by the court for a magistrate's decision.
  2. Magistrates shall have the qualifications specified in Civil Rule 53 and may conduct any civil proceedings authorized by that Rule.
  1. Small Claims Cases. Pursuant to the Ohio Revised Code, the Court has established the Small Claims Division for cases for the recovery of money where the prayer does not exceed the monetary amount provided in O.R.C. 1925.02.

    The Small Claims form provided by the Dayton Municipal Court shall be used for the filing of all small claims cases.

  2. Magistrate. Cases filed in the Small Claims Division shall be heard by a magistrate appointed and assigned under Sup. R. 19. Sessions shall be set by the Administrative Judge as required.
  3. Continuance. A motion for continuance must be filed in writing not later than five (5) days (excluding intervening Saturdays, Sundays, and court holidays) before the date of the hearing.
  4. Discovery. No depositions or interrogatories shall be taken except by leave of court. All relevant evidence shall be admitted at the discretion of the magistrate.
  5. Costs. In all cases, the magistrate may assess costs as provided in O.R.C. 1925.15.
  6. Objection Period. The magistrate's decision is subject to a fourteen-day objection period pursuant to Civ. R. 53.
  7. Adoption by Court. The magistrate's decision shall be effective when adopted by the court, pursuant to Civ. R. 53. Upon consideration of any objections, the court may adopt, reject, or modify the magistrate's decision, hear additional evidence, recommit the matter to the magistrate with instructions, or hear the matter.
  8. Mediation. The Magistrate may find that a Small Claims Case should be mediated and refer that case to Mediation. Attorneys or other designated individuals may accompany the parties and participate in the mediation. The mediator shall keep mediation communications confidential, unless the parties consent to disclosure in writing. The efforts of the mediator shall not be construed as giving legal advice. The case shall be dismissed after a Mediated Agreement is reached and the damages are paid. If the damages are not paid, a Conversion Hearing can be requested to convert the Mediated Agreement into a Judgment.
    Mediation shall not be used:
    1. As an alternative to the prosecution or adjudication of domestic violence
    2. To determine whether to grant, modify, or terminate a protection order
    3. To determine the conditions and terms of a protection order
    4. To determine the penalty for violating a protection order.
  9. Transfer to Civil Docket. A motion to transfer a case to the regular docket and to transfer a cross-claim or counterclaim exceeding the monetary jurisdiction of the Small Claims Division shall be referred to the Administrative Judge for assignment and handled in accordance with O.R.C. 1925.10.
  10. Payment of Fee. Where a motion has been granted to transfer a small claims case to the civil docket, the party seeking the transfer shall pay the appropriate fee to the Clerk. Failure to pay the fee will result in the case being retained in the small claims docket.
  1. FORCIBLE ENTRY AND DETAINER COMPLAINT. Forcible entry and detainer (eviction) cases shall be heard by the civil magistrate within the time required by law. The Complaint shall contain the reason for eviction. Copies of the 3-Day Notice, any other required notices, and the lease, land contract, or affidavit (if an oral lease) shall be attached to the Complaint. Failure to attach the required documents to the Complaint may result in dismissal. If plaintiff is representing a trust or estate, a copy of the order appointing plaintiff as trustee or executor must also be attached.

    The Forcible Entry and Detainer Complaint has two causes of action:
    1. First Cause for Restitution of Premises (eviction and restoring possession of the premises).
    2. Second Cause for Money Damages (request for back rent or other monetary damages).
  2. SERVICE OF SUMMONS. Service of summons in forcible entry and detainer (eviction) actions shall be in accordance with R.C. 1923.06 and the Ohio Civil Rules.
  3. FIRST CAUSE FOR RESTITUTION. The Complaint is attached to the summons and advises defendants (tenants) of the reason for eviction. Defendants (tenants) are directed in the summons to appear on a certain date for the First Cause for Restitution Hearing (eviction trial).
  4. TRIAL BY JURY. Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid. A defendant requesting a jury trial shall post a bond in an amount determined by the Court. Upon timely filing of the jury demand and payment of the advance deposit and/or bond, the case shall be set for jury trial.
  5. FIRST CAUSE RESTITUTION HEARING (Eviction Trial). After the Magistrate determines that the defendant (tenant) was served with the summons pursuant to R.C. 1923.06, plaintiff (owner/landlord) shall present admissible evidence establishing the proper form, content, and service of the 3-Day Notice (R.C. 1923.04) and any other required statutory notices, and the tenant's failure to pay rent or other reason why restitution of the premises is being sought. Once plaintiff presents a prima facie case for restitution of the premises, the defendant (tenant) may cross-examine witnesses and present any legal defenses to being evicted. The plaintiff (owner/landlord) may also cross-examine the defendant and the defendant’s witnesses. The plaintiff (owner/landlord) and defendant (tenant) must be ready at the time of the Hearing to present admissible evidence.
  6. FAILURE OF PLAINTIFF TO APPEAR. On the date of the Restitution Hearing, the plaintiff (owner, landlord, agent, or other person required for testimony) and plaintiff's attorney (if plaintiff is a corporation or limited liability company) shall be present in court. Failure to comply with this rule may result in dismissal of the case.
  7. FAILURE OF DEFENDANT TO APPEAR. If the defendant (tenant) fails to appear on the date of the Restitution Hearing and the summons was properly served, the Magistrate shall hear the first cause for restitution as though the defendant (tenant) were present, pursuant to R.C. 1923.07.
  8. COUNTERCLAIMS ON FIRST CAUSE OF ACTION. All claims raised by the plaintiff/owner shall be consolidated with any counterclaims by the defendant (tenant) related to the first cause for restitution. The tenant shall serve any counterclaims upon the plaintiff/owner or their attorney. The tenant shall also deposit with the Clerk of Court all rent claimed by the plaintiff to be due and owing, unless this requirement is waived upon a showing of good cause.
  9. RESTITUTION GRANTED. If the Court grants restitution of the premises to the plaintiff, the defendant (tenant) shall vacate the premises and remove all personal property.
  10. WRIT OF RESTITUTION. If the defendant (tenant) fails to vacate or remove personal property from the premises after restitution is granted by the Court, the plaintiff/owner may initiate a Writ of Restitution within 30 days from the date of the Entry of Restitution, by posting the required fee for the Writ with the Clerk of Court. The 30-day deadline for initiating the Writ may be stayed upon written approval of the Court. Upon receipt of the Writ of Restitution, the Bailiff’s Office shall contact the plaintiff/owner to set a specific date for the defendant (tenant) to be evicted and the premises restored to the owner. If the defendant (tenant) vacates the premises before the scheduled eviction date, the plaintiff shall immediately notify the Bailiff’s Office.
  11. NOTICE OF EVICTION. The Notice of Eviction shall be served upon the defendant (tenant) by posting a copy on the premises and sending a copy by ordinary mail, pursuant to R.C. 1923.06.

    The Notice of Eviction shall inform the tenant that:
    1. The Court has granted restitution of the premises to the owner and set a date for eviction;
    2. The tenant must vacate and remove all personal property before the date of eviction;
    3. On the date of eviction the tenant will be forcibly evicted; and
    4. Any personal property not removed before the date of eviction will be considered abandoned and subject to removal and disposal by the owner of the premises or the landlord.
  12. ABANDONED PROPERTY AFTER EVICTION. After the defendant (tenant) has been evicted and the premises restored, it shall be the responsibility of the plaintiff/owner to remove and lawfully dispose of any litter or abandoned personal property. The plaintiff may hire a company to assist with the removal and disposal. The Court shall not recommend a company. No items may be set out for bulk trash pick-up without first contacting the Department of Public Works for permission and scheduling a pick-up date. Any items scheduled for pick-up must be set out in accordance with Bulk Waste Pick-up Guidelines. Failure to properly dispose of abandoned personal property after an eviction is a violation of R.C.G.O. 93.46.1. Each day the violation continues constitutes a separate offense. The plaintiff/owner shall be responsible for any violations, regardless of who performed the removal or disposal. In addition to any penalties, the Court may order the plaintiff/owner to pay restitution to the City for cleaning up the property.
  13. LIABILITY FOR A TENANT’S PERSONAL PROPERTY. Neither the Court nor any Court employee shall assume liability for any tenant’s personal property removed or disposed of after an eviction. The plaintiff/owner should seek legal advice if there is a question on whether to remove or dispose of a tenant’s personal property.
  14. SECOND CAUSE FOR MONEY DAMAGES. The Second Cause for Money Damages will be ordered continued at the First Cause for Restitution Hearing. Upon the timely filing of a written answer, a Hearing (trial) shall be set on the Second Cause for Money Damages. Any related counterclaims raised by the defendant (tenant) shall be served upon the plaintiff/owner or their attorney and shall be consolidated for hearing (trial) with the Second Cause for Money Damages. Failure to file a timely written answer to the Second Cause, as directed in the summons, may result in a judgment against the defendant (tenant) for money damages. If plaintiff/landlord files a motion for default or summary judgment, documentary evidence such as invoices, affidavits, photos, etc., establishing the amount of damages, must be attached to the motion. Failure to attach supporting documentary evidence will delay judgment and can cause judgment to be denied.
  15. MEDIATION. Parties may mediate either the first or second cause of the eviction action. See DMCR 3.14, Mediation, for the process and procedures involved in the mediation of the first and second causes of eviction cases.
  1. DEPOSIT FOR EXECUTION: Before requesting a writ be issued on an execution or any other process against personal property, an amount sufficient to pay the cost of moving, towing, storing, appraising, advertising, or selling the personal property shall be deposited with the Clerk to secure such expenses. The amount of deposit on an execution (levy) shall not be less than six hundred dollars ($600) per vehicle or property and may be more depending on the costs associated with the execution.
  2. SALE: A copy of the notice of the sale of personal property shall be mailed by the bailiff to the parties and to the attorneys of record in the case by ordinary mail; however, failure to mail such notice shall not invalidate the sale.
  3. CONFIRMATION: 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, due upon judgment.

Upon the filing of any medical, dental, optometric, or chiropractic claim as defined in division (D) of O.R.C. 2305.11, if all the parties to the medical, dental, optometric, or chiropractic claim agree to submit it to nonbinding arbitration, the controversy shall be submitted to any arbitration board as provided below.

  1. Appointment of Arbitration Board to Hear Medical, Dental, Optometric, and/or Chiropractic Claims:
    1. Medical, dental, optometric, and/or chiropractic malpractice claims shall be submitted to an arbitration board consisting of three arbitrators to be named by the Court.
      1. The chairperson, herein the arbitrator, of the medical, dental, optometric, and/or chiropractic malpractice arbitration panel shall be appointed by the Court.
      2. There shall be two associate arbitrators selected as set forth in paragraph (D) of this rule.
    2. The arbitrator and associate arbitrators will receive a reasonable compensation based on the extent and duration of actual service rendered, as set forth in paragraph (P) of this rule, pursuant to O.R.C. 2711.21(A).
    3. The arbitrator and associate arbitrators will be officers of the Court and shall be sworn or affirmed to justly and equitably try all matters properly at issue before them. Such oath or affirmation may be administered to him by any person having the authority to administer oaths.
  2. Case for Arbitration
    1. Upon filing a medical, dental , optometric, and/or chiropractic malpractice claim as defined in O.R.C. 2305.11, the case shall first be assigned pursuant to DMCR 2.2. The assigned judge will make a determination of poverty if a poverty affidavit and written motion was filed with the claim and upon the filing of an answer, assign the case to the arbitrator, who will assume all responsibility for the disposition of the case through the arbitration process, except those matters which require judicial resolution, i.e., discovery disputes, pre-trial motions, etc.
    2. In cases involving issues of both malpractice and other non-related claims, the issues may, upon application to the assigned judge, be bifurcated. The non-related claim will be maintained by the assigned judge for purposes of disposition.
  3. Duties of Arbitrator
    1. The arbitrator shall upon receipt of a medical, dental, optometric, and/or chiropractic malpractice case:
      1. Assign the case for a scheduling conference. The parties may at any time waive their rights to arbitration; provided that, any party who waives this right less than two weeks before an arbitration hearing shall be assessed an arbitration fee for one full day in accordance with paragraph (P) of this rule. If both parties waive the right to arbitration, the case will be referred back to the assigned judge for trial.
      2. Designate deadline for appointment of associate arbitrators.
      3. Designate discovery cut-off deadlines. d) Designate an arbitration hearing date.
      4. Do all other things necessary for the orderly disposition of the case.
  4. Appointment of Associate Arbitrators
    1. There shall be one associate arbitrator appointed by plaintiff(s) and one appointed by the defendant(s). In the situation where there are multiple defendants and agreement cannot be reached among them on the name of their associate arbitrator, then application will be made to the assigned judge of this Court for selection of this associate arbitrator from the names submitted to him.
    2. If either of the parties fails to submit a name of a prospective associate arbitrator within the time prescribed, the assigned judge, upon motion, may appoint an associate arbitrator for the party or parties failing to comply.
    3. The parties, at any time prior to the designated deadline for appointment of associate arbitrators, may waive their right to associate arbitrators and present the case to the arbitrator appointed as the chairperson arbitrator. In this event, the arbitrator's decision and testimony shall have the same effect in the disposition of subsequent trial of the case as would a decision from a full arbitration panel.
    4. Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of the notice of assignment and shall be heard by the assigned judge.
  5. Composition of Board & Disqualification From Appointment
    No business or professional associate of any party shall be appointed as an associate arbitrator and no attorney who is a law partner or associate of an attorney of record in the case shall be appointed as an associate arbitrator.
  6. Discovery
    The assignment of a case to an arbitration panel shall not limit the right of the parties to continue discovery pursuant to the Ohio Rules of Civil Procedure.
  7. Hearings/When and Where Held/Notice
    1. Hearings shall be held at a place scheduled by the arbitrator.
    2. No hearing shall be fixed for Saturdays, Sundays, legal holidays, or evenings, except upon agreement of all parties and the arbitrators.
    3. There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy during pendency of the case, except as provided for by these rules.
  8. Oath of Associate Arbitrators
    1. When both associate arbitrators are assembled, they shall be sworn or affirmed to justly and equitably try all matters properly at issue submitted to them.
    2. Such oath or affirmation may be administered to them by any person authorized to administer oaths.
  9. Default of Party
    1. The arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain a continuance.
    2. An award shall not be made solely on the default of the party. The panel shall require the other party to submit evidence as they may require for the making of an award.
  10. Conduct of Hearing/General Powers
    1. The three (3) members of the panel shall be the judge of the relevancy and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary.
    2. All evidence shall be taken in the presence of the arbitrators and all the parties, except where any of the parties has voluntarily absented themselves, have been found to be in default, or have waived their right to be present.
    3. In addition to oral testimony, the arbitration panel may receive the evidence of witnesses by affidavit, deposition, videotape deposition, interrogatories, or written report and shall give it such weight as the panel deems is justified after consideration of any objections which may be made to such evidence.
    4. Where a party proposes to offer affidavits or written reports at an arbitration hearing, the party shall furnish copies of such affidavits or reports to all other parties not less than sixty (60) days in advance of the hearing. Such other parties shall have the right to cross-examine the author of the affidavit or report by subpoenaing him to appear at the hearing or by taking his disposition in advance of the hearing.
    5. Counsel shall, upon request and whenever reasonable, produce a party or witness at the hearing without the necessity of subpoena.
    6. All parties have the right to submit trial briefs to the arbitration panel prior to or at the time of the commencement of the arbitration hearing.
    7. No disclosure shall be made to the arbitrators prior to the filing of the report and aware of any offers of settlement made by any party. By mutual consent, the parties may waive this restriction as it pertains to the arbitrator. This would allow the arbitrator to participate in the pre-arbitration settlement conferences.
  11. Specific Powers
    The panel shall have the general powers of a court, including, but not limited to, the following:
    1. Subpoena: To cause the issuance of subpoenas to witnesses to appear before the panel and to request the issuance of an attachment according to the practice of the courts for failure to comply therewith. Subpoenas will be issued in the same manner as in all other cases.
    2. Production of Documents: To compel the production of all books, papers, and documents that are deemed material to the case.
    3. Administration of Oaths, Admissibility of Evidence: To administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by the depositions and to decide the law and the facts of the case submitted to the panel.
  12. Witness Fees
    Witness fees shall be in the same amount as now or hereafter provided for witnesses in trial in the Dayton Municipal Court, which shall be taxed as costs.
  13. Transcript of Testimony
    The arbitrators shall be required to make a transcript of the proceedings before them. Any party desiring a copy of any transcript shall be provided with it by the reporter upon payment of the usual charge for transcripts. Proceedings shall be recorded by any means permitted by Sup. R. 11.
  14. Report and Award
    1. Within thirty (30) days after the hearing, the arbitrator shall file a written report and award with the Clerk of Court and, on the same day, shall mail or otherwise forward copies thereof to all parties or their counsel.
    2. In the event that all three (3) members do not agree on the finding and award, the dissenting member shall submit a written dissenting opinion to be filed with the majority report.
  15. Legal Effect of Report & Award/Entry of Judgment
    1. The report and award shall become final thirty (30) days after its filing and the Court shall enter judgment in accordance therewith unless, within said thirty (30) day period, parties rejecting the report and award file amended pleadings conforming with subsection (2) of this rule. The filing of the amended pleading shall be the only recognized notification of rejection. The parties making such pleading amendments shall serve other parties pursuant to the Ohio Rules of Civil Procedure.
    2. If the decision of the arbitration panel is not accepted by all parties thereto, the pleadings shall be amended to aver both the fact that the controversy was submitted to an arbitration panel and the decision of the arbitration panel. The decision of the arbitration panel and any dissenting opinion written by any panel member shall be admitted into evidence at trial upon offer of any party.
    3. However, if a party files an application to vacate the award accompanied by a detailed affidavit(s) alleging one or more of the following:
      1. That the findings of fact of the arbitration panel were clearly erroneous.
      2. The decision is not in accordance with applicable law.
      3. The procedures required for conducting the hearing and rendering the decisions were not followed fairly and properly with prejudice to a party, then upon such filing, the assigned judge shall schedule a hearing to inquire into the allegations thereof and determine the merits of the application.
    4. If the application is granted, the pleadings shall not be amended to aver both the fact that the controversy was submitted to an arbitration panel and the decision of the arbitration panel, nor shall there be any cross-examination of the arbitrators.
    5. If the application is denied, the decision of the arbitration panel and any dissenting opinion will be admitted into evidence upon the offer of any party and the opposing party may cross- examine the arbitrators.
  16. Compensation of Arbitrators
    1. Each associate arbitrator who has signed an award or files a minority report, unless that arbitrator waives compensation prior to the hearing, shall receive as compensation for services rendered the fee of two hundred dollars ($200) for the first full day and one hundred dollars ($100) for each half day thereafter. The arbitrator shall receive three hundred dollars ($300) per day.
    2. When more than one case arising out of the same transaction is heard at the same hearing or hearings, if shall be considered as one case insofar as compensation of the arbitrators is concerned.
    3. The members of the panel shall not be entitled to receive their fees until after filing the report and award with the Clerk of Court.
    4. Fees paid to arbitrators shall be assessed pursuant to O.R.C. 2711.21.
  17. Poverty Affidavit
    1. In a claim accompanied by a poverty affidavit supported by written motion, the poverty claimant's share of arbitration costs will be borne by the Court.
    2. The determination of poverty in any case will be made by the assigned judge prior to assigning the case to the permanent arbitrator.
  18. Arbitration Costs
    1. Plaintiff(s) shall pay a deposit of three hundred fifty dollars ($350) to the Clerk of Court upon filing of a medical , dental, optometric, and/or chiropractic malpractice claim. Defendant(s) shall pay a deposit of three hundred fifty dollars ($350) to the Clerk of Court upon filing an answer to a medical, dental, optometric, and/or chiropractic malpractice claim.
    2. If there are multiple plaintiffs or defendants, each shall be required to deposit the sum of three hundred fifty dollars ($350). If a poverty affidavit is filed and accepted by the Court, no deposit will be required. See subsection (4) below.
    3. In the event the case proceeds to arbitration, each party's deposit will be applied to his portion of the arbitration expense.
    4. Parties may file a poverty affidavit in lieu of cash deposit. Such affidavit is to be in such form as required by the Court. However, it is intended that poverty affidavits are not to be filed to avoid prepayment of court costs and will be subject to court review at any stage in the proceedings.
    5. Refund of arbitration deposits will be made when appropriate.
  1. PURPOSE: The purpose of this rule is to establish, pursuant to Sup. R. 5(B)(1), a system for civil case management, which will achieve the prompt and fair disposition of civil cases.
  2. SCHEDULING OF EVENTS: The scheduling of a case begins when a civil case is filed. Thereafter the case is managed in three (3) clerical steps and five (5) judicial steps.
    1. Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify counsel immediately. If counsel fails to obtain service within six (6) months from the date the cause of action was filed, then the Clerk shall notify counsel that the case will be dismissed in ten (10) days, unless good cause is shown to the contrary.
    2. If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the case will be dismissed within ten (10) days, unless good cause is shown.
    3. After any motion or responsive pleading to the complaint is filed, the Clerk shall immediately forward the file and all pleadings in the case to the Court Administrator for assignment by lot so the case can be scheduled for further hearings. All subsequently filed pleadings shall be immediately sent to the assigned judge for review. Faxed motions or pleadings will not be accepted for filing by the Clerk. A faxed copy of a motion or pleading must be followed by the original document within forty-eight (48) hours.
    1. Status Hearing: After an answer or other responsive pleading is filed, the case will be assigned to a judge and the Clerk will forward the information to the assigned judge. The judge, or magistrate if the case is referred, may then set a status hearing, which may be heard, in court or by telephone. The purpose of the status hearing is to set discovery and motion deadlines so a formal pre-trial can be set.
    2. Motions: All motions must be in writing and accompanied by a written memorandum containing citations of authority and the arguments of counsel. Opposing counsel shall respond in like manner within fourteen (14) days. All motions will be deemed submitted at the end of said fourteen (14) day period unless time is extended by the judge or magistrate.
      There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the judge or magistrate deems it necessary.
    3. Pre-trials: For the purpose of this rule, pre-trial shall mean a court-supervised telephonic conference chiefly designed to produce an amicable settlement. The judge or magistrate shall attempt to narrow legal issues, to reach stipulations as to facts in controversy; and, in general, to shorten the time and expense of trial.
      1. Notice of the pre-trial conference shall be given to all counsel of record not less than fourteen (14) days prior to the conference. Any application for continuance of the conference shall be addressed to the judge or magistrate to whom the case has been assigned.
      2. Counsel participating in the pre-trial conference must have complete authority to stipulate on items of evidence and must have full settlement authority.
      3. If the case cannot be settled at pre-trial, then the case will be set for trial at the next available trial date.
    4. Continuances: No party shall be granted a continuance of a trial or a hearing without a written motion from the party or counsel stating the reason for the continuance. When a continuance is for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance for a scheduled trial is a matter within the discretion of the trial court.
    5. Judgment Entries: Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within five (5) days. Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge or thereafter the judge shall prepare the entry.
      Entries of settlement may be filed at any time. The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution. The entry shall state which party will pay the court costs.
    6. Default Judgment Entry: Where there is a default judgment, counsel of the prevailing party shall submit an affidavit of the specific nature of the damages claimed with the entry. Failure to do so will result in the court setting a damages hearing.
  1. One-time Appointment: If a party desires personal service to be made by a special process server pursuant to Civ. R. 4.1, the party or counsel must file with the Clerk of Court an entry appointing a special process server. The following must be stated in the entry of appointment:
    1. The name of the person to be appointed as process server;
    2. That the person to be appointed as process server is eighteen (18) years of age or older;
    3. That the person to be appointed as process server is not a party in the action or counsel for a party in the action.
  2. Standing Appointment: The Administrative Judge must authorize the appointment order for a standing process server. A standing appointment shall be for no more than a two-year period ending on December 31st. Upon expiration of an appointment, a person must reapply. A person may be designated as a "standing special process server" for cases filed in the court by filing a combined affidavit and order. The affidavit shall set forth the following information:
    1. The name, address, and telephone number of the person to be appointed as standing process server;
    2. That the person is eighteen (18) years of age or older;
    3. That the person agrees not to attempt service of process in any case the server is a party or counsel for a party;
    4. That the person agrees to follow the requirements of the Ohio Rules of Civil Procedure 4 through 4.6, any applicable local rules, and any specific instructions for service of process as ordered by the court in individual cases.
  3. Form of Order for Standing Special Process Server: The Order shall be captioned, "IN RE THE APPOINTMENT OF (NAME OF PERSON REQUESTING APPOINTMENT) AS STANDING SPECIAL PROCESS SERVER", and state the following:
  4. Record of Appointment of Standing Special Process Server: The Clerk shall record such appointment on the court's general docket and shall retain the original affidavit and order. In any case thereafter, the Clerk shall accept a time-stamped copy of such an affidavit and order as satisfying the requirements of Civ. R. 4.1 for designation by the court of a person to make service of process.

When the total probable amount due on a judgment has been paid in full to the judgment creditor, the judgment creditor shall prepare a combined Notice and Order to Discharge the Garnishee in triplicate to be signed by the judge and filed with the court. The Notice and Order shall be served upon the garnishee and the judgment debtor, pursuant to R.C. 2716.041.

The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of:

    1. The debtor's name, address and marital status;
    2. The name and address of his employer or employers;
    3. The amount of the debtor's gross earnings per pay period (the debtor must supply the Clerk with copies of his or her last two paycheck stubs from each employer); and
    4. The name and address of the creditor from whom the fifteen-day written notice of proceeding against his earnings was received.

Upon filing of an application, the Clerk shall become the trustee without formal order of the court. Objections of interested parties to the application shall be heard at the appearance call set by court. The filing of the application shall stay all proceedings against personal earnings of the applicant, provided that, if the order of attachment or the Order in Aid of Execution is served upon the employer or garnishee prior to the time of filing of the application, the personal earnings subject to the order of the court shall be paid to the Clerk of Court for distribution in the case of which said order was made. In the event the application is filed, prior to the time the order of attachment or Order in Aid of Execution is served upon the employer or garnishee, the personal earnings subject to the order of the court shall be ordered paid to the trustee.

  1. At the time of filing the application, the debtor or his/her attorney shall also complete for the Clerk:
    1. Two copies of a Notice of Application for Trustee for each creditor.
      1. Each Notice shall contain:
        1. the name of the applicant;
        2. the sum applicant claims is owing the creditor; and
        3. a statement advising the creditor Objections may be made at the hearing held before the Magistrate.
    2. The Clerk shall deposit such notice in the mail within twenty-four hours and indicate on the docket that notices were mailed to the listed creditors. Additional creditors may be listed in the trusteeship upon the application and service of a notice to each additional creditor as heretofore provided.
    3. Separate notice of the time and place of the Magistrate's hearing will be sent to the parties by the Magistrate's office.
  2. Distribution: The trustee shall make no distribution to anyone except a creditor or an attorney for the creditor. Credit Bureaus or Credit Collection Services are not to receive a distribution unless it is a valid claim of the Collection Service and not that of an agent. The Clerk or deputy appointed shall supervise payments of debts and distribute the funds in each case at least every six months unless the amount available does not equal 25% of the claims listed. When a debtor pays directly, the Clerk shall require the debtor to produce payroll stubs or similar records and the Clerk may refuse to accept payments, or installments thereof which do not equal the amount required by law. The Clerk may not accept payments into a trusteeship where the debtor pays direct unless the tender of payments is made by the debtor, his agent or attorney within four days after the receipt of the personal earnings by the debtor. If the payments are not made for thirty days, the trusteeship shall be dismissed and the proceeds distributed. This requirement can be waived only by the Court.
  3. Dismissal: The dismissal of a trusteeship by rule of court or upon motion of counsel for one of the creditors listed therein shall make the debtor filing of said trusteeship ineligible for reinstatement or refiling an application for another trusteeship for a period of six months from the date of the dismissal; provided, however, that such trusteeship be reinstated upon the tender and payment to the Clerk of Court as trustee the amount of money required by law to make such trusteeship current to the date of such tender, if the approval of the Court is first obtained.
  1. The Dayton Municipal Court has determined that parties in civil, small claims and eviction cases benefit from having their cases mediated. Whenever possible, the Court shall provide parties willing to mediate their cases with access to mediation services.
  2. The Judges or Magistrates shall determine which cases should be mediated and refer those cases to mediation. The parties shall be notified if they are referred to mediation and the mediation procedure shall be explained to them. For a brief explanation of the mediation process and the answers to frequently asked questions, go to the link for the Dayton Mediation Center that is available through the Dayton Municipal Court website: “”.
  3. Mediation services shall only be provided by qualified individuals. All parties shall be allowed to participate in the mediation and, if they wish, their attorneys or other designated individuals may accompany them and also participate. The mediator shall keep mediation communications confidential, unless the parties consent to disclosure in writing. The efforts of the mediator shall not be construed as giving legal advice.
  4. The mediator may reject or terminate mediation at any time if the mediator finds the case inappropriate or the parties do not cooperate. The mediator shall inform all parties and the Court that the mediation is terminated using the procedure required by the Court. The case shall then be scheduled for trial before the Magistrate or Court.
  5. On Eviction cases, the parties shall discuss the First Cause for Restitution and the Second Cause for back rent and damages. The mediator shall prepare and file a written Mediated Agreement on the First Cause for Restitution and on the Second Cause for Damages. The owner/landlord shall file a motion requesting an Entry Granting Restitution and a Writ of Restitution if the defendant (tenant) fails to comply with the Mediated Agreement for restitution of the premises. The owner/landlord shall request a Conversion Hearing to convert the Mediated Agreement into a Judgment if the defendant (tenant) fails to pay the agreed damages or comply with the Mediated Agreement on the Second Cause. Upon successful completion of all terms and conditions of the First and Second Causes in the Mediated Agreement, the Eviction case shall be dismissed and a Dismissal Entry filed.
  6. On Civil and Small Claims cases, the mediator shall prepare a written Mediated Agreement reflecting any settlement reached by the parties, including the amount of damages. The case shall be dismissed after the Mediated Agreement is filed with the Court and the damages are paid. If the damages are not paid, a party may request a Conversion Hearing to convert the Mediated Agreement into a Judgment.
  7. The Uniform Mediation Act of Chapter 2710 and Ohio Superintendence Rule 16 are incorporated in DMCR 3.14 by reference. In accordance with Ohio Sup.R.16, procedures shall be in place to screen parties for domestic violence and refer suspected victims and other parties needing assistance to legal counsel and other support services.

Further, Mediation shall never 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 conditions and terms of a protection order;
To determine the penalty for violating a protection order.

The Dayton Municipal Court has determined that, for the efficient operation of the Court, additional funds are necessary in order to provide mediation services to defendants in eviction and small claims cases. Starting November, 1, 2011, the Court shall charge a mediation service fee of $10.00 on the filing of each eviction and small claims case, in addition to other court costs, pursuant to R.C. 1901.26(B).

Court Information

Dayton Municipal Court

P.O. Box 10700
301 West Third Street
Dayton, OH 45402

Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Traffic and Criminal payments can also be paid online at

Clerk of Court:

Court Administration:
FAX: 937-333-4494

Central Payments:
FAX: 937-333-4468

Civil Division:
FAX: 937-333-4468

Criminal Division:
FAX: 937-333-4490

Traffic Division:
FAX: 937-333-7558

Jury Information:
FAX: 937-333-4468

Probation Services:

Warrant Enforcement: