="" p=""> 

Cleveland Municipal Court, Housing Division

Published:

Public Comment Deadline:

The Cleveland Municipal Court, Housing Division, is accepting public comments regarding proposed changes to Local Rule 6(T), which addresses claims for money damages and motions for default judgment.

The Clerk will no longer schedule a second cause default hearing. Rather, the moving party must file a motion along with affidavits. The Court will determine whether a hearing is necessary. This new process will follow procedure in Rules 54 and 55 of Ohio Rules of Civil Procedure.

Proposed Local Rule 6(T)

Claims for Money Damages-Motions for Default Judgment

When a party has failed to plead or otherwise defend, the party entitled to a judgment by default shall apply in writing or orally to the Court.

If the party against whom judgment by default is sought has appeared in the action, they shall be served by the moving party with written notice of the motion at least seven (7) days prior to the review of the motion.

A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment.

A motion for default judgment shall include a valid military status verification in compliance with the Servicemembers Civil Relief Act (SCRA) 50 U.S.C. § 3931.

The moving party shall submit a proposed Judgment Entry with the motion.

If it is necessary to take an account, determine the amount of damage, establish the truth of any averment, or make an investigation of any other matter, a hearing may be set.

Failure to submit an affidavit by a person with actual knowledge verifying the reasonable cost of repair or diminution in value, with supporting documentation, necessary for the determination of the amount of judgment, a hearing may be set.

Civil actions on the docket for six (6) months without any proceedings may be dismissed, without prejudice, in accordance with Rule 5.23(A)(1) of the Rules of Superintendence for the Courts of Ohio.

How to Submit Public Comments

Public comments regarding the proposed changes may be submitted by email to:

housingcourtcivil@cmcoh.org 

Please use the following subject line:

Public Comment - Proposed Local Rule 6(T)

Comments must be received by .

The proposed changes have not yet taken effect. Comments received during the public-comment period will be reviewed before further action is taken.

Download the Proposed Local Rule 6(T) PDF 

We use cookies to offer you a better browsing experience, monitor site performance, and assist in our marketing efforts. By using our website you agree to the use of storing cookies.