1. Information Required- The Clerk of Court shall not accept for filing with this court any incomplete or illegible Uniform Traffic Ticket.  In addition, the Clerk shall require that the following information accompany all tickets presented for filing:
   1. Station House Release information
   2. Results of any criminal history or record check performed
   3. Thumbprints or any other identifying information which will help in the positive identification of the individuals to whom traffic tickets are issued.
2. Time- Uniform Traffic Tickets, as well as the other case information required by subsection (A) of this rule, shall be filed with the Clerk of Court by law enforcement no later than seven days prior to the scheduled appearance date which appears on the ticket.
3. Appearance on the docket—An individual arrested and jailed in lieu of bail on an outstanding warrant, and/or charged in a traffic complaint filed with the Clerk prior to 12:00 midnight, of the day following arrest, shall appear on the initial appearance or arraignment docket, as appropriate, on the next business day of court.  All other defendants in traffic cases shall appear on the date and at the time assigned on the Uniform Traffic Ticket, unless the charge is subject to waiver and the waiver option is exercised.
4. Failure to comply- The Clerk shall not docket any complaint for hearing which does not comply with subsections (A) and (B) of this rule, except upon the order of a judge or magistrate of this court, for good cause shown.
5. Consolidation of cases involving the same defendant- The Clerk shall immediately, upon receipt, time-stamp and review all new traffic charges accepted for filing to determine if the defendant charged has any outstanding warrants, capiases, or active criminal or traffic cases pending before a judge or magistrate of this court.
   
   

   New traffic charges filed with the Clerk, involving defendants with active traffic or criminal cases pending on the personal docket or dockets of one or more of the judges of this court, shall, upon the defendant’s entry of a “not guilty” plea, be assigned to the personal docket of the judge with the oldest active case pending before the court at the time the new charges are filed, pursuant to the provisions of Local Rule 2.08(E).  Application of this section may be waived by the court for good cause shown.

6. The magistrate assigned to the traffic arraignment session shall arraign all persons charged with traffic offenses, and shall hear cases in which a plea of “guilty” or “no contest” is entered.  Continuances requested by the defendant, his or her personal representative or by his or her attorney within the session shall be made in accordance with the speedy trial waiver provisions of Local Rule 4.01.  The defendant must be present at the arraignment unless a plea in absentia is made pursuant to L. R. 5.06(B), but the court may allow the defendant to enter a “not guilty” plea at the Clerk of Court’s office in person or by personal representative, by his or her attorney in person, or by his or her attorney by mail in accordance with Rule 8(C) of the Ohio Traffic Rules.
7. Disposition of Traffic Cases where the Defendant has been arrested.
   
   

   Minor misdemeanor traffic offenses do not carry incarceration as a possible penalty.  Therefore, in those cases where an arrest is made for a minor misdemeanors pursuant to Revised Code §2935.26, because an arrestee could not be properly identified, refused to sign a citation or was unable to care for his/herself, law enforcement shall issue to the arrestee a citation.  Following processing, law enforcement shall inform the arrestee of the right to enter either a not guilty plea, or in the alternative, to waive the right to a court appearance and resolve the matter with the entry of a plea of guilty or no contest.

   If the arrestee chooses to enter a not guilty plea, law enforcement shall immediately allow him/her 1) to execute a “not guilty” plea form, 2) to be provided with the date and location for arraignment in the Cleveland Municipal Court, and 3) to be given stationhouse release immediately, pending initial appearance in court unless the arrestee is unable to care for him/herself or needs medical attention.  The citation and the plea shall be filed with the Clerk of Court by law enforcement no later than seven days prior to the scheduled appearance date which appears on the citation.

   If the arrestee chooses to enter either a guilty or no contest plea, law enforcement shall immediately allow him/her to 1) execute an appropriate waiver and plea form, and (2) be released immediately from custody upon execution of the waiver and plea form, unless the arrestee is unable to care for him/herself or needs medical attention.  The citation, waiver and plea forms shall be filed with the Clerk of Court by law enforcement for further disposition, no later than two days after a guilty or not contest plea is entered following a minor misdemeanor arrest.

   Additionally, even when persons are arrested pursuant to capias issued by the court for failure to appear to answer a minor misdemeanor offense citation, they shall, following processing, be informed of their right to enter a plea as stated above.  If held only on minor misdemeanor citations, an arrestee shall be afforded the opportunity to enter pleas pursuant to this order regardless of the number of minor misdemeanor offenses pending and regardless of the bond amount, if any.

   Finally, if a person is arrested pursuant to a time to pay capias then, the fine shall be satisfied at fifty dollars per day.  Multiple fines shall be satisfied concurrently.  Once fine is satisfied, arrestee should be released.

   In instances where a person is arrested pursuant to a capias, the capias shall be recalled by the Clerk of Court and the plea shall be journalized.

All proceedings heard before the magistrate in the traffic arraignment session shall be recorded by any means and media approved by the Administrative Judge and preserved until the time for any appeal shall have passed.

A transcript of any individual hearing in the arraignment session shall be prepared upon written request and payment of a $10.00 fee to the Clerk of Court.

At arraignment, the defendant or counsel may request a jury trial, except where the offense charged is a minor misdemeanor.  Alternatively, a request may also be made for a bench trial.  A plea or demand shall not be accepted by telephone.

Pursuant to Rule 43(B) of the Rules of Superintendence for the Courts of Ohio, and Ohio Revised Code Sections 2743.70 and 2949.091(A)(1), in situations where an individual has been charged with more than one offense arising out of the same act, transaction, or series of acts or transactions, costs shall be assessed to the case number associated with the complaint, and not to the individual charges contained within the complaint bearing alphabetical identifiers associated with the case number.

Where an individual has been charged with more than one waiverable offense arising out of the same act, transaction, or series of acts or transactions, the waiver amount shall be calculated by referring to Schedule B of these local rules.  The Clerk of Court shall deduct from the total amount paid, and transmit to the appropriate agencies, an amount equal to the court costs mandated by state law and/or local rule to be paid for the case as a whole, and not for the individual charges contained therein.

1. At any time prior to arraignment or thereafter with leave of court, the Clerk of Court may allow a defendant charged with traffic offenses, except those offenses listed in Rule 13(B) of the Ohio Traffic Rules, and/or minor misdemeanor offenses the opportunity to do either of the following:
   
   
   1. appear in person at the office of the Clerk of Court, sign a plea of guilty and waiver of the trial provision of the ticket, and pay the total waiver amount
   2. sign the guilty plea and waiver of trial provision of the ticket and mail the ticket and a check, money order, or credit card number for payment of the total waiver amount to the Clerk of Court
2. Remittance by mail of the waiver amount to the Clerk of Court constitutes a guilty plea and waiver of trial, whether or not the guilty plea and waiver of trial provision of the ticket is signed by the defendant.
3. Where multiple offenses are issued, the Clerk of Court shall only accept waivers for all offenses charged.  However, where an offense under Rule 13(B) of the Ohio Traffic Rules exists or is otherwise not waiverable, or if the defendant wishes to appear in court on one of the charges, the Clerk of Court shall not accept any waiver but shall set the case for hearing.
4. When the defendant fails to appear in a case that is waiverable, the defendant may file a motion for leave of court to enter a guilty plea and waiver of trial, with the applicable fees and costs. Thereafter, the case shall be processed pursuant to (A)(1) of this rule.

CMC Form 5.05(D)

IN THE CLEVELAND MUNICIPAL COURT

CUYAHOGA COUNT, OHIO

1. Not Guilty Plea- At any time prior to arraignment or thereafter with leave of court and payment of applicable fees and posting of bond, if required, the Clerk of Court may allow a defendant charged with traffic offenses, in accordance with Rule 13 of the Ohio Traffic Rules, and/or minor misdemeanor offenses the opportunity to enter a written not guilty plea to the charge or charges filed.
   
   

   Upon leave being granted, the Clerk of Court shall cause the capias to be recalled.

   Once a not guilty plea is filed, the clerk shall cause the case to be assigned to a judge, scheduled for a new court date, and summons issued to the defendant.

2. Plea in Absentia- In accordance with Rule 12 of the Ohio Traffic Rules, a defendant may file a motion for leave of court to enter a written guilty plea in absentia for non-waiverable offenses when accompanied by the applicable deposit for security for the highest degree offense as set forth in L.R. 17(E).
   
   

   For a minor misdemeanor and/or a fourth degree misdemeanor, the case may be referred to a magistrate for sentencing in open court with the prosecutor participating.

   For offenses higher than a fourth degree misdemeanor, a written guilty plea in absentia will be referred to the Probation Department for a record check and then assigned to the Session One Judge for review. If the Session One Judge anticipates that the motion will be granted then the case will be assigned to that judge’s criminal docket for final disposition, in open court, with the prosecutor participating.

   If the motion for leave is denied, a not guilty plea will be entered and the case assigned by random lot to the personal docket of a judge and the defendant will be summoned with a new court date.

   Deposit to be transferred to bond account to secure defendant’s appearance.

CMC Form 5.06(A)

IN THE CLEVELAND MUNICIPAL COURT

CUYAHOGA COUNTY, OHIO

CMC Form 5.06(B)

IN THE CLEVELAND MUNICIPAL COURT

CUYAHOGA COUNTY, OHIO

An OMVI/DUS case management procedure manual shall be kept on file in the Administrative Services Department, Central Scheduling Department, Clerk of Court’s office, and Magistrate’s Department.  This procedure manual shall be utilized in conjunction with these local rules and shall be periodically amended to conform to the local rules.