COURT OPERATIONS DURING CORONAVIRUS (COVID-19) PUBLIC HEALTH EMERGENCY (UPDATED 8/18/2020)
Except for attorneys and law enforcement officers, all visitors to the court for a scheduled case must check in prior to entering the building in one of three ways:
a) Online check-in. Scan the QR code on one of the signs in the parking lot with a phone camera, and you will be directed to the court’s online check-in process. Follow the prompts and provide the requested information. You will be notified when you may enter the building. Do not enter the building until instructed to do so.
b) Telephone check-in. If you do not have online access, please call 740-773-2219 and provide the information that is requested. You will be notified when you may enter the building. Do not enter the building until instructed to do so.
c) Personal check-in. If you do not have online or telephone access, go to the front door and report to the security officer. You will be asked to wait outside until an employee of the court can talk to you. The employee will ask you to provide the information needed for check-in. After you have checked in, you must remain outside the building until you are notified to enter. Do not enter the building until instructed to do so.
Any person who is not required to appear in the Court may be prohibited from attending court proceedings until further notice.
ANYONE ENTERING THE COURT BUILDING WILL BE REQUIRED TO WEAR A MASK OR FACE COVERING AND WILL BE SUBJECT TO A TEMPERATURE CHECK. Please bring your own mask or face covering. The Court is not able to provide face coverings for all visitors. All visitors will have their temperature checked upon entrance to the building. The Court reserves the right to deny entrance to any persons who are exhibiting any symptoms of illness. If you are required to appear in Court or are called as a juror, and are experiencing any flu-like symptoms, have a fever, are coughing or sneezing, please contact the Court or your attorney before entering the building. The Court will make reasonable accommodations and reschedule appearances and hearings as needed.
Payments that can be made by check or money order should be sent via regular U.S. mail, or dropped off at the drive-up window. Payments that can be made by credit card or bank debit should be made utilizing the Online Payment service described below.
Drive-Up Window: The drive-up window will be open from 9:00 am until 3:30 pm. Persons using the drive-up window must be in or on a motorized vehicle for their safety. No one is permitted to walk into the drive-up window area. This window may be used for the following purposes: a) payments of fines or costs, including criminal and traffic cases where a person can waive his or her appearance or a person has established a payment plan; b) filing of all documents in civil cases; and c) retrieval of documents that would otherwise be held for pick up by attorneys (typically placed in the attorney notice boxes). The Clerk may exercise discretion in accepting other documents or payments that are not listed herein. In addition, the Clerk may exercise discretion in the return of file-stamped copies and can return them at the time of filing, by regular U.S. mail, or by pick up by the party the following business day.
Online Payments: Some persons who have received a criminal or traffic ticket can pay or make payments online. Click here to make a payment or contact the Clerk’s office during regular business hours at 740-773-3515 for more information.
Facsimile Filings: Attorneys or parties who are not represented by an attorney are encouraged to file pleadings, motions, praecipes, and other documents by facsimile at 740-774-1101. There are some exceptions which are found Local Rule I.12, and include a) documents that require a pre-paid filing fee; b) criminal or traffic complaints; and c) any document in excess of 20 pages. Please call the Clerk’s office if you have questions about filing.
U.S. Mail or Private Carrier: The Court accepts filings of all documents by regular U.S. mail or by private carrier in accordance with its normal practices.
Lobby Filings: Persons are encouraged to use any of the above methods to file documents or pay fines or fees with the Court. However, the Court understands that many matters are time sensitive. With respect to filing new cases, persons are encouraged to delay filing that case if time is not of the essence. If a person must appear at the Court to file a document, the Clerk’s office will be open to accept filings during the hours identified above. (Again, anyone entering the court building will be required to wear a mask or face covering, and the Court reserves the right to deny entrance to persons who may exhibit symptoms of the coronavirus or other infectious diseases.)
INSTRUCTIONS FOR OBTAINING WRITS OF RESTITUTION AND EVICTIONS (SET-OUTS)
IMPORTANT: Landlord is solely responsible for hiring and paying for movers. The Court Service Bailiff will not recommend any movers, nor will the Service Bailiff assist with the removal of the personal property. Landlord must arrange for trash removal 24 hours after set-out is complete. A list of supplies required to accomplish a Set-Out is attached.
OBTAINING A WRIT OF RESTITUTION
1) Pursuant to Local Rule II(4)(H), Plaintiff may obtain a Writ of Restitution up to 30 days after the date of judgment.
2) After obtaining judgment, Plaintiff may file for a Writ of Restitution (red tagging) and pay the appropriate fee to the Clerk’s Office. When the Writ of Restitution is approved by the Judge it will be transmitted to the Service Bailiff for red tagging.
3) The Service Bailiff will place a red tag in a conspicuous place at the premises to be vacated, notifying the tenants that they have five (5) days, beginning the day the property is tagged and including weekends and holidays, to vacate. The Service Bailiff may be contacted Monday through Friday, at 740-773-3515 ext. 110, between the hours of 7:30 and 4:00 pm to confirm the date the property was tagged.
REQUEST FOR SET-OUT
4) Plaintiff is to check for occupancy after the five (5) day period and may enter to determine if tenants have vacated. If tenants have not vacated the premises, Plaintiff must file for and purchase a Request for Set-Out at the Clerk’s Office. The Request for Set-Out may also be purchased at the same time Plaintiff files for a Writ of Restitution.
5) The Set-Out will be performed after the five (5) day period has elapsed and before the end of the 10th day pursuant to ORC 1923.14.
6) The Service Bailiff must be contacted to schedule a date for the Set-Out during the times listed above. Set-Outs are performed on a “first scheduled, first served” basis. If Plaintiff does not timely purchase the Request for Set-Out or contact the Service Bailiff to schedule a set-out, the Bailiff may not be available to perform the set-out within the statutory deadline which will require the Plaintiff to recommence the red-tag process within the 30 day period established in Local Rule II (4)(H), including and not limited to payment of the fee established by the court.
CANCELLATION OF SET-OUT
7)(A) Cancel by Plaintiff/Landlord: If the scheduled Set-Out becomes unnecessary, the Plaintiff must call to cancel the Set-Out. The Service Bailiff must receive a cancellation call at least one (1) hour before the scheduled time. Plaintiff will receive a refund of the Set-Out fee if timely cancelled and submitted in writing.
7)(B) Cancel by Service Bailiff:
(1) The Set-Out may be cancelled at the discretion of the Bailiff if the Landlord and moving crew are not on time for the Set-Out (on location within 15 minutes of the scheduled time), or if the required supplies and workers are not on site to accomplish the Set-Out;
(2) The Landlord does not complete the Set-Out within 3 hours; or
(3) If performance of the Set-Out may cause a risk to public safety.
If the Set-Out is cancelled by the Bailiff for any of the above reasons, the Landlord must start the red-tag procedure again and pay all required costs.
DAY OF SET-OUT
8) The Service Bailiff will meet Plaintiff and Plaintiff’s moving crew at the premises at the scheduled time to supervise the Set-Out. If Plaintiff and the moving crew are not at the designated location within fifteen (15) minutes after the scheduled time, the Service Bailiff will assume that his services are not needed and cancel the Set-Out. There will be no refund of the Writ fee or the Set-Out fee. If another Set-Out is necessary, Plaintiff will need to refile for and purchase a new Red tag and Request for Set-Out.
9) Plaintiff must provide a sufficient number of adults to move furniture, appliances and all other personal property. Plaintiff must also provide sturdy plastic bags, boxes, gas line caps, flashlights, and tools to change locks, disassemble furniture and remove refrigerator doors. Dollies or hand trucks for moving heavy belongings and rolls of plastic to place under and over the property in case of inclement weather are also necessary. Failure to supply ample manpower or any of these items may result in cancellation of the Set-Out at the discretion of the Service Bailiff.
10) Plaintiff will have a maximum of three (3) hours to complete the Set-Out. If additional time is needed, Plaintiff will be responsible for additional Bailiff costs at $30.00 per hour. At the discretion of the Bailiff, Plaintiff may be required to post an additional deposit to cover such costs. On the day of Set-Out, Plaintiff may not enter the premises until the Service Bailiff arrives, and locks may not be changed until the Set-Out is complete.
11) Plaintiff shall place all property left in the rental outside in the location designated by the Bailiff. Items should remain for twenty-four (24) hours after which Plaintiff should have the property removed at Plaintiff’s expense. Failure to timely remove the abandoned property from the site may result in a nuisance or littering violation against the Plaintiff.
The procedure for requesting the red tag and Set-Out apply to the removal of tenant-owned mobile homes from the landlord’s property with the exception that Plaintiff must secure the services of a mobile home moving company and a location willing to accept the home before requesting the red tag. The Bailiff will on day of Set-Out only remove the occupants from the home so that it may be towed away. The Bailiff will not remove or supervise the removal of any personal property from the home.
If the tenant-owned mobile home is in a Manufactured Home Park, the Set-Out will involve the Bailiff removing the occupants and allowing the Park Operator to pad-lock the home. The Manufactured Home Park may then proceed under ORC 1923.13 and 1923.14.
PREPARATION FOR SET-OUT – LIST OF SUPPLIES
Moving Crew – sufficient to move furniture and/or appliances if necessary
Sturdy plastic bags
Tools – necessary for changing locks, disassembling furniture, and removing refrigerator doors
Dolly or hand truck – necessary for moving heavy objects
Rolls of plastic – to place under and over the property to keep it secure and dry
Gas line caps
THIS IS AN INFORMATIONAL DOCUMENT AND IS NOT INTENDED TO PROVIDE LEGAL ADVICE. YOU SHOULD CONSULT AN ATTORNEY FOR LEGAL ADVICE.
Eviction Moratorium – eff. 9/4/2020 – 12/31/2020. The order from the Center for Disease Control and Prevention temporarily halts some residential evictions. For more information, refer to the following links from the CDC via Federal Register and Ohio Supreme Court:
Links to local agencies with information/resources:
There WILL NOT be a jury trial in Chillicothe Municipal Court on TUESDAY, NOVEMBER 24, 2020. All jurors with a report date of TUESDAY, NOVEMBER 24, 2020, do not need to report to court and are released from this term of service.
The Court is located at 95 East Main Street at the intersection of Main and Mulberry Streets. Please see our Map and Directions Page for more information.
There is limited parking in the Court parking lot. Please enter the lot from Mulberry Street. On-street parking is also available on Main Street and Mulberry Street adjacent to the Court.
Thank you for your willingness to serve as a juror and for performing this vital public service.