Athens County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

Accepted submissions made before the stated Friday or pre-holiday cutoff are deemed filed at their stamped submission time; later submissions are deemed filed the following business day.

S. If a document is submitted for e-Filing prior to 11:59 p.m. on a Friday or prior to 11:59 p.m. on a business day that is not a Court holiday, and that document is then accepted for filing after Clerk Review, the date and time reflected on the electronic stamp on the document (i.e., the date and time of receipt of submission, as outlined in Section A above), shall be the date and time the document is deemed to have been filed. If a document is submitted for e-Filing after 11:59 p.m. on a Friday or after 11:59 p.m. on a business day before a Court holiday, and that document is then accepted for filing after Clerk Review, the document shall be deemed to have been filed on the following business day, even though the electronic stamp on the document will bear the date and time of submission of said document.

CRITICAL

After receiving the final amount, the Assignment Commissioner/Court Reporter must file the transcript with the Clerk of Court and file a Notice of Filing of Transcript.

Upon receipt of the final amount, the Assignment Commissioner/Court Reporter will file the transcript in the Clerk of Court's Office and file a Notice of Filing of Transcript.

CRITICAL

A filer unable to e-file because of a system outage is deemed to have timely submitted the filing if it is submitted no later than the next business day after an officially acknowledged outage.

İIİ. Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an officially acknowledged system outage, shall be deemed to have timely submitted their filings.

CRITICAL

An electronically transmitted document signed by a Judge or Magistrate under Court procedures constitutes a filing upon the Clerk's complete receipt of it.

The electronic transmission of a document that has been electronically signed by a Judge or Magistrate in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk, constitute filing of the document for all purposes of the Ohio Civil Rules, Rules of Superintendence, and the Local Rules of this Court.

CRITICAL

An electronically submitted document is not considered filed until Clerk Review accepts it; upon acceptance, it is deemed filed subject to the stated weekend and holiday exception, and bears its submission date and time.

Any document submitted electronically to Domestic Court will not be considered filed until accepted at Clerk Review, however once accepted it will be deemed filed (except as provided in #3 below) and contain an electronic stamp of the date and time it was submitted.

CRITICAL

Electronic documents may be submitted at any time, but documents submitted on a Saturday, Sunday, or Court holiday are deemed filed on the following business day regardless of their electronic stamp.

While electronic documents may be submitted to the Court twenty-four (24) hours a day, seven (7) days a week, documents submitted on a Saturday, or Sunday, or Court holiday will be deemed filed on the following business day regardless of the electronic stamp.

CRITICAL

Correct deficiencies identified in a notice from the trial-court clerk in a timely manner to avoid possible dismissal.

If you do not include everything required when you file your notice of appeal, the clerk of the trial court will send you a deficiency notice. The deficiency notice will tell you what is missing and advise you that the Court of Appeals may dismiss the case if you do not correct the deficiencies in a timely manner.

CRITICAL

The e-Filing System must confirm receipt with a timestamp; if accepted, that timestamp is the filing time except submissions after the stated Friday or pre-holiday cutoff, which are filed the following business day.

Upon receipt of an electronic document submitted for filing, the e-Filing System shall issue to the e-Filer a confirmation that the submission has been received. The confirmation notice shall include the date and time of receipt and shall serve as proof of receipt of the submission. The confirmation notice shall also inform the e-Filer that, if the document is accepted for filing, the date and time reflected in the confirmation notice shall serve as the date and time of filing, unless the document was submitted for filing after 11:59 p.m. on a Friday or after 11:59 p.m. on a business day before a Court holiday. In that case, the document will be deemed filed on the following business day.

CRITICAL

A rejected document is not part of the official record, must be re-filed to satisfy filing requirements, and loses its original submission timestamp.

In the event the Clerk rejects a submitted document following Clerk Review, the document shall not become part of the official Court record and the e-Filer will be required to re-file the document to meet necessary filing requirements. Once a submitted document is rejected, the date and time associated with its initial submission to the Clerk of Courts, which would have been the date and time on the time-stamp in the event the document was accepted for filing, becomes void.

CRITICAL

Electronically filed documents will be deemed filed the day of submission through 11:59 pm.

Electronically filed documents will be deemed filed the day of submission through 11:59 pm.

CRITICAL

Once a document is submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk's office. A filer cannot make changes to any document once it has been submitted and accepted for filing.

Once a document is submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk's office. A filer cannot make changes to any document once it has been submitted and accepted for filing.

CRITICAL

The hand-signed PDF exhibit must be filed at the same time as the Word-format proposed order.

However, a copy of the same proposed order or document, hand-signed by the pro se party, shall also be filed, simultaneously and in PDF format, as an exhibit associated with the proposed order that is submitted in word format.

CRITICAL

For an accepted e-filing, the electronic stamp records the transmission timestamp, which becomes the filing date and time subject to the stated exceptions.

If a document submitted for e-Filing has been accepted by the Clerk after Clerk Review, the document will receive an electronic stamp. This stamp will include the date and time that the filer transmitted the document to the e-Filing System (i.e., date and time of receipt outlined in Section A above). Subject to the exceptions noted in Section F below, the date and time reflected on the electronic stamp shall become the filing date and time for that document.

CRITICAL

A document rejected after Clerk Review is not part of the Official Court Record, and the e-filer must resubmit it to meet filing requirements.

In the event the Court rejects a submitted document following Clerk Review, the document shall not become a part of the Official Court Record and the e-Filer will be required to resubmit the document to meet filing requirements.

CRITICAL

Documents fax-filed during technical issues must be e-filed promptly after the issues are resolved.

For an e-filer experiencing technical issues, the filing may be made by fax, provided that the filer promptly e-files the documents upon resolution of the technical issues.

CRITICAL

After an affidavit of indigency is rejected, the party must be given at least 30 days to pay the deposit; the filing may be dismissed if it is not paid within 30 days.

In the event the affidavit of indigency is rejected by the judge or magistrate, the court will give at least 30 days for the party to pay the applicable deposit, and if the deposit is not paid within 30 days, the filing may be dismissed.

CRITICAL

The filer must prepare and submit the summons after filing the complaint; the clerk will not issue service of process until the filer has issued the summons.

The filer shall prepare and submit the summons after the complaint has been filed, and the clerk will not issue the service of process until the filer has issued the summons.

CRITICAL

Applies to

Final entry or decree

The Clerk of the Common Pleas Court must file final entries and decrees upon presentation.

The Clerk of the Common Pleas Court shall file all final entries or decrees upon presentation.

CRITICAL

Motions to withdraw properties from a Sheriff's Sale must be filed by 4:00 p.m. on the preceding day.

Therefore, and notwithstanding the provisions above with respect to the 24/7 nature of e-Filing, motions requesting that properties be withdrawn from Sheriffs Sales shall be filed no later than 4:00p.m. on the day prior to the Sheriff's Sale to allow for sufficient time for the motions and proposed orders/entries to follow the process outlined above.

CRITICAL

An electronically transmitted document signed by a Judge or Magistrate is filed upon the Clerk's complete receipt, if Court-adopted procedures are followed.

The electronic transmission of a document that has been electronically signed by a Judge or Magistrate in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk, constitute filing of the document for all purposes of the Ohio Civil Rules, Ohio Criminal Rules, Rules of Superintendence, and the Local Rules of this Court.

CRITICAL

An incorrectly submitted e-filing, including one with a wrong case number, incorrect PDF, or corrupt or unreadable file, will be rejected and the filer notified to resubmit.

A document that is incorrectly submitted for e-Filing (e.g., as a result of entering a wrong case number, attaching an incorrect PDF file to a submission for e-Filing, or where the electronic file is corrupt or unreadable) will be rejected and the filer will be notified of the errors) and the need to resubmit.

CRITICAL

An incorrectly submitted e-filing will be rejected, and the filer will be notified of the errors and need to resubmit.

A document that is incorrectly submitted for e-Filing (e.g., as a result of entering a wrong case number, attaching an incorrect PDF file to a submission for e-Filing, or where the electronic file is corrupt or unreadable) will be rejected and the filer will be notified of the errors) and the need to re-submit.

CRITICAL

Court documents electronically signed by a Judge or Magistrate are filed upon complete receipt by the Clerk, even though Clerk review and acceptance may delay posting.

Any documents submitted for e-Filing by the Court, after having been signed electronically, shall be deemed to have been filed as of the date and time of receipt of the same by the Clerk through the e-Filing System. Although such filings must still be reviewed and accepted by the Clerk, which may delay the posting of the signed, time-stamped image of the documents onto the Court's CMS and DMS, the electronic transmission of a document with an electronic signature by a Judge or Magistrate, executed and submitted in compliance with procedures outlined herein, shall, upon the complete receipt of the same by the Clerk, constitute filing of the document for all purposes of the Ohio Civil Rules, Ohio Criminal Rules, Rules of Superintendence, and the Local Rules of this Court.

WARNING

Documents submitted after 4:00 p.m. on a business day may be accepted as filed that day, while review and posting may occur the next or following business day and visibility may be the following day.

Documents submitted after 4:00 p.m. on a business day may be accepted as filed that day, but be reviewed and posted to the system that next business day or the following business day and viewable in the electronic filing system the following day.

WARNING

After a proposed consolidation order receives a judicial-decline notice, the filer must check the reason and follow any applicable instructions; a decline may require filing the consolidation motion in all cases.

The attorney/filer who submits a proposed consolidation order will receive a "judicial decline" notice associated with the order. The attorney/filer shall then check the noted reason for the decline and comply with the provided instructions, if necessary. It may be that the order is declined once all affected Judges have signed the same and the electronic version of the order is no longer needed. However, the noted reason for the decline could require further action from counsel with respect to the request to consolidate, i.e., file the motion in all cases to be consolidated.

WARNING

Temporary orders allocating parental rights and responsibilities, granting exclusive use of the marital residence or a vehicle, or imposing restraining orders may take effect immediately upon filing.

Temporary allocation of parental rights and responsibilities, exclusive use of the marital residence, exclusive use of a vehicle, and restraining orders may take immediate effect upon filing.

WARNING

For a transmission error, the Court may, upon satisfactory proof, order that the document be deemed filed as of its electronic submission date.

If a document submitted electronically for filing is not filed with the Court because of an error in the transmission of the document to the e-Filing System, whether that error originates with the e-Filing System or at the filer's end, the Court may, upon satisfactory proof, enter an order permitting the document to be deemed filed as of the date it was electronically submitted.

WARNING

For known or anticipated outages, the Clerk's Office must post an alert on both websites; for unexpected outages, it must post an acknowledgment after resolution, making reasonable efforts to do so within 24 hours or by noon the next business day.

i. If the system outage is known and/or anticipated ahead of time, the Clerk's Office shall post a message on the Clerk's website and the e-Filing website, alerting filers of a possible system outage. Said message shall constitute an official acknowledgment of a system outage that may have prevented some filers from submitting their filings within a certain timeframe. iL. If the system outage is unexpected, the Clerk's Office shall post a message on the Clerk's website once the outage has been resolved. Said message shall constitute an official acknowledgment of a system outage that may have prevented some filers from submitting their filings within a certain timeframe, as identified in the message. All reasonable efforts shall be made to post such a message within 24 hours of a resolved system outage or no later than 12:00 p.m. on the next business day after an unexpected system outage.

WARNING

Documents may be deemed filed, however, 24 hours a day, five days a week - Monday through Friday.

Documents may be deemed filed, however, 24 hours a day, five days a week - Monday through Friday.

WARNING

The e-Filing System qualifies as having a technical failure if it cannot accept filings continuously or intermittently for more than one hour after 10:00 a.m. on a given day.

The Clerk shall deem the e-Filing System to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day.

WARNING

If the Clerk discovers an error after accepting a document, the Clerk must immediately notify the filer of the error and any need to resubmit.

If the Clerk discovers the error after the document has been accepted, the Clerk shall immediately notify the filer of the error and the need to re-submit, if appropriate.

INFO

Documents are typically processed the same or next business day and viewable in the electronic system by the following day.

Documents are typically processed the same business day or the next business day and viewable in the electronic system by the following day.

INFO

The Clerk typically reviews and accepts e-filings within 24 hours, though processing may take up to 48 hours depending on volume and staffing.

Monday through Friday from 8:00 a.m. to 4:00 p.m. e-filings are then reviewed and "file stamped" and accepted into the system typically within 24 hours of submission but some submissions may take up to 48 hours to process based upon volume and staffing.

INFO

Known system outages will be posted on the website when possible.

Known system outages will be posted on the website, if possible.

CRITICAL

A motion for a continuance must be filed no later than 7 days after the Court of Appeals issues written notice of oral argument.

A party must file a motion for a continuance no later than 7 days after the written notice issued by the Court of Appeals.

CRITICAL

The adverse party's counsel must approve or reject and return the entry within five days of receipt; if counsel does not act in time, the preparer must submit it to the court with a notation of when it was presented.

Said counsel shall submit the entry to counsel for the adverse party, who shall approve or reject the same within five days after the receipt thereof and return to the submitting attorney or the assignment commissioner for the judge's signature. Upon failure of the adverse party to act upon the entry in the specified time, its preparer shall submit it to the court for approval with a notation as to when it was presented to the adverse party.

CRITICAL

A notice of appeal generally must be filed within 30 days of the judgment’s entry, measured from the date it was filed with the clerk rather than the date the filer received it.

Generally, you must file a notice of appeal within 30 days of the entry of the judgment that you wish to appeal. That does not mean 30 days from the day you receive a copy of the judgment, but rather, 30 days from the date it was filed with the clerk. [App.R. 4(A)]

CRITICAL

When no filing time is fixed by statute or Supreme Court rule, the appellant must file a brief within 30 days after filing the transcript.

When the time for filing is not fixed by statute or Rule of the Supreme Court, appellant shall file a brief within thirty (30) days after filing the transcript of the record;

CRITICAL

A cross-appeal notice must be filed within 30 days of judgment entry or within 10 days after the first notice of appeal is filed.

If you are filing a cross-appeal, you must file your notice of appeal within 30 days of the entry of judgment or within 10 days after the filing of the first notice of appeal,

CRITICAL

The appellant must file and serve its brief within 20 days after the trial-court clerk transmits the record.

The appellant must file and serve its brief within 20 days of when the clerk of the trial court transmits the record.

CRITICAL

Deadline

5 business days

The assignment commissioner must prepare appropriate R.C. 3121.03 orders within five business days after the decree is prepared.

The assignment commissioner prepares appropriate R.C. 3121.03 orders within five (5) business days of decree's preparation.

CRITICAL

Deadline

5 business days

If the proposed decision is waived or the matter is heard by a judge, the decree of divorce must be prepared within five business days of the hearing.

If proposed decision waived or hearing by judge, a decree of divorce shall be prepared within five (5) business days of hearing.

CRITICAL

Neither court can extend the deadline for filing a notice of appeal.

Neither the trial court nor the Court of Appeals can extend the time for filing a notice of appeal. [App.R. 14(B)]

CRITICAL

Any reply brief must be filed within 10 days after the appellee's brief is filed.

Any reply brief shall be filed within ten (10) days after appellee's brief is filed.

CRITICAL

The SCRA affidavit must be filed no later than the trial day, default-hearing date, or final-disposition date, as applicable.

In any action or proceeding in which an individual who is a defendant has been served with summons, but has failed to answer, the plaintiff shall on or before the trial day or other date of default hearing or final disposition in such action or proceeding file with the court an affidavit in compliance with Servicemembers Civil Relief Act of 2003 and its amendments.

CRITICAL

Unless waived or tried to a judge, the magistrate's proposed decision must issue within 28 days after the hearing.

Unless waived or tried to judge, a magistrate's proposed decision shall issue within twenty-eight (28) days after date of hearing.

CRITICAL

Deadline

7 court days

When the petitioner requests that the respondent vacate the home, the assignment commissioner must schedule a hearing within seven court days after the petition is filed.

If petitioner requests that respondent vacate home, the assignment commissioner shall schedule a hearing within seven (7) court days of the filing of the petition.

CRITICAL

The panel chairperson must file the written report and award and provide a duplicate to the judge within 30 days after the hearing.

Within thirty (30) days after the hearing, the panel chairperson shall file a written report and award with the Clerk of the Court of Common Pleas and provide a duplicate copy to the judge.

CRITICAL

If the Court files an entry requesting changes to shared-parenting plans, the parties must file the changes within 14 days of the entry.

If an entry requesting changes is filed by the Court, the party/parties shall file such changes within fourteen (14) days of the Court's entry.

CRITICAL

A filing deadline falling on a Saturday, Sunday, or legal holiday runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

This does not in any way alter the provision of Civ.R. 6 that filing deadlines that fall on a Saturday, a Sunday or a legal holiday run until the end of the following day that is not a Saturday, a Sunday, or a legal holiday.