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SHAKER HEIGHTS
MUNICIPAL COURT
Welcome to
the Shaker Heights Municipal Court website. The Shaker Heights Municipal
Court serves Beachwood, Hunting Valley, Pepper Pike, Shaker Heights, and
University Heights. We are committed to providing you with professional,
efficient, and friendly service and the continued improvement of those
services. Through this website we hope to provide an additional, interactive
method of communicating with you in order to further the availability
of court information and its operations. We welcome this opportunity to
make part of the judicial branch of your government more open and accessible
to you.
Sincerely,
K.J.
Montgomery, Judge
DISCLAIMER
The Shaker Heights Municipal Court does not make any warranties or representations with respect to the content, quality, accuracy or completeness of any information or materials contained on the Shaker Heights Municipal Court web server or through links to other servers, including but not limited to: text, graphics, applications, databases, services, or any other information or materials, nor shall the Shaker Heights Municipal Court assume any legal liability for the content, quality, accuracy or completeness of said information and materials.
The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will the Shaker Heights Municipal Court be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers.
Communications to the Court via this web site shall in no way be deemed to constitute legal or official notice to the Shaker Heights Municipal Court , its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against the Shaker Heights Municipal Court or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law, nor shall communications to the Court via this web site be deemed to constitute legal or official notice for any other purpose.
The following is a proposed amendment to Local Rule 5.1. Deadline for comments by the public is 06/29/2009.
AMENDMENT TO RULE 5.1 OF THE LOCAL RULES
Current Rule:
When the plaintiff is a corporation or limited liability company the complaint must be signed and prosecuted by an attorney. Noncompliance with this rule shall result in dismissal of the complaint.
Proposed Amendment:
When the plaintiff OF A CASE ON THE REGULAR CIVIL DOCKET OF THE COURT is a corporation or limited liability company the complaint must be signed and prosecuted by an attorney. Noncompliance with this rule shall result in dismissal of the complaint.
Rationale: Local rule was created prior to the Ohio Supreme Court decision of Cleveland Bar Assn. v. Pearlman, 106 Ohio St.3d 136, 2005-Ohio-4107 which syllabus states :
A layperson who presents a claim or defense and appears in small claims court on behalf of a limited liability company as a company officer does not engage in the unauthorized practice of law, provided that the individual does not engage in cross-examination, argument or other acts of advocacy.
At the time the rule was written this court believed that in all cases a corporation or limited liability company needed to have its complaint filed and prosecuted by an attorney. This decision removes that requirement for small claims cases.
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