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

CRITICAL

The appellee must file a brief within 30 days after the appellant's brief is filed.

the appellee shall file a brief within thirty (30) days after the filing of appellant's brief.

CRITICAL

Upon the filing of such a request, the Assignment Commissioner/Court Reporter for the Domestic Relations Division will estimate the cost of the transcript and file a Notice of Request for Transcript granting an extension of time in which to file objections until the fourteenth day following the filing of a completed transcript.

Upon the filing of such a request, the Assignment Commissioner/Court Reporter for the Domestic Relations Division will estimate the cost of the transcript and file a Notice of Request for Transcript granting an extension of time in which to file objections until the fourteenth day following the filing of a completed transcript.

CRITICAL

If the appellee considers other transcript portions necessary, it may file and serve a designation of those portions within 10 days of the appellant’s statement.

If the appellee considers a transcript of other parts of the proceedings necessary, it may, within 10 days of the appellant’s statement, file and serve the appellant a designation of additional parts to be included.

CRITICAL

Unless an extension is granted, the trial-court clerk must transmit the record when it is complete or 40 days after the notice of appeal is filed.

Unless a court has granted an extension of time, the clerk of the trial court is required to transmit the record to the clerk for the Court of Appeals when the record is complete, or when 40 days have elapsed after the filing of the notice of appeal.

CRITICAL

The docket statement must be filed when the notice of appeal is filed.

Counsel for the appellant, or the appellant if pro se, must complete, serve, and file this docket statement at the time of filing the notice of appeal.

CRITICAL

Deadline

5 business days

A magistrate's proposed decision must be prepared and filed within five business days of the hearing, unless waived or tried to the bench.

Within five (5) business days of hearing, a magistrate's proposed decision is prepared and filed unless waived or tried to bench.

CRITICAL

After the transcript is completed and the requesting party is notified of the balance due, the party has ten days to pay the remaining amount.

Upon completion of the transcript, the Assignment Commissioner/Court Reporter will notify the party requesting the transcript of the exact amount still due and owing. The requesting party then has ten (10) days in which to pay this remaining amount.

CRITICAL

If an agreement is reached and placed on the record, the entries must be prepared, circulated, and submitted to the Court within fourteen days unless the Court directs otherwise.

If an agreement has been reached by the parties and is placed on the record, entries shall be prepared and circulated and submitted to the Court within fourteen (14) days of placing the agreement on the record unless the Court directs otherwise.

CRITICAL

Deadline

5 business days

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

If proposed decision waived or heard by judge, judgment entry shall be prepared within five (5) business days of hearing.

CRITICAL

If the appellant does not order additional transcript portions within 10 days, the appellee must order them or ask the Court of Appeals to require the appellant to do so.

If the appellant refuses to or does not order the additional parts within 10 days, the appellee must either order the parts from the court reporter or ask the Court of Appeals to require the appellant to do so.

CRITICAL

The application fee must be paid to the Clerk within seven days after the affidavit of indigency or financial disclosure form is submitted.

The fee shall be paid to the Clerk within seven (7) days of submitting an affidavit of indigency/financial disclosure form.

CRITICAL

Deadline

15 business days

The child support enforcement agency must prepare appropriate R.C. 3121.03 orders within 15 business days after the judgment entry is filed.

The child support enforcement agency prepares appropriate R.C. 3121.03 orders within fifteen (15) business days of judgment entry's filing.

CRITICAL

An opposing party must move or plead in response no later than the fourteenth day after a pleading or amended pleading is filed.

Any opposing party shall move or plead to the pleadings or amended pleadings so filed on or before the fourteenth day after such pleading or amended pleading is filed.

CRITICAL

The fourteen-day period for filing objections begins on the date the Notice of Filing of Transcript is filed.

The fourteen-day period of time in which to file objections begins on the date on which this Notice is filed.

CRITICAL

Objections must be filed with the Clerk within 14 days after the Proposed Decision is filed.

All objections to a magistrate's proposed decision must be in writing and filed with the Clerk of Court's Office within fourteen (14) days of the filing of the Proposed Decision.

CRITICAL

A party seeking a transcript must file a written extension request and a transcript request within the 14-day period for filing objections.

Any party wishing to have a transcript of proceedings before the Magistrate must file a written request for an extension of time within which to file objections and a request for a transcript within the fourteen (14) day time period permitted for the filing of objections.

CRITICAL

If a transcript is needed, order it from the court reporter when filing the notice of appeal by filing a request directed to the reporter with the trial-court clerk.

If you need a transcript, you must order it from the court reporter at the time you file your notice of appeal. You order the transcript by filing a request, directed to the court reporter, with the clerk of the trial court.

CRITICAL

The assignment commissioner must schedule a pre-trial conference no later than 60 days after a responsive pleading is filed.

If a responsive pleading is filed within rule, the assignment commissioner shall schedule a pre-trial conference no later than sixty (60) days after a responsive pleading is filed.

CRITICAL

When an agency demand or request is required to prepare or file the transcript, the appellant must file it with the notice of appeal unless law or a Supreme Court rule provides otherwise.

In all cases in which demand or request to the agency by the appellant is a prerequisite to the preparation or filing of the transcript of the record by the agency, such demand or request shall be filed by the appellant at the time of filing the notice of appeal, unless otherwise provided by law or Rule of Supreme Court.

CRITICAL

The appellee must file and serve its brief within 20 days after the appellant’s brief is served.

The appellee must file and serve its brief within 20 days after service of the appellant’s brief.

CRITICAL

Deadline

5 business days

If the proposed decision is waived or the matter is tried to the bench, a judgment entry must be prepared within five business days.

If waived or tried to bench, a judgment entry is prepared within five (5) business days.

CRITICAL

Unless the court directs otherwise, counsel for the prevailing party must prepare the journal entry within seven days after the order, decree, or judgment is rendered.

Unless the court otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within seven days thereafter prepare the proper journal entry and include instructions to the Clerk for service.

CRITICAL

You must file your answer with the court within three days after serving a copy on the plaintiff's attorney.

Your answer must be filed with the court within three days after the service of a copy of the answer on the plaintiffs attorney.

CRITICAL

The appellant must furnish the transcript within 40 days after filing the notice of appeal unless a proper extension applies.

In the event that the undersigned does not furnish you with the complete transcript of proceedings within 40 days after the filing of the notice of appeal, or within any proper extension of time for transmission of the record, as prescribed by the Ohio Rules of Appellate Procedure or the local rules of court for the

CRITICAL

If the arbitrators’ decision is rejected under R.C. 2711.21, amended pleadings must be filed within 30 days.

If the decision of the arbitrators is rejected pursuant to R.C. 2711.21, pleadings shall be amended and filed with the Clerk of Courts within thirty (30) days.

CRITICAL

When no law or other rule sets the deadline, a pleading or amended pleading must be filed by the fourteenth day after the entry requiring or granting leave, unless the entry specifies otherwise and it is approved by the authority identified in the complete rule.

In all cases where the time for the filing of pleadings or amended pleadings is not fixed by law or another rule, the pleading or amended pleading shall be filed on or before the fourteenth day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, unless otherwise specified in the entry and approved by the

CRITICAL

Other temporary orders are not effective until 14 days after service on the defendant.

Other temporary orders shall not be effective until fourteen (14) days after service upon defendant.

CRITICAL

When only part of the transcript will be included, the assignments-of-error statement must be filed when the notice of appeal is filed.

If less than the entire transcript of proceedings is to be included in the record, appellant must, at the time of filing the notice of appeal, file a statement of the assignments of error appellant intends to present on appeal.

CRITICAL

An objection to the temporary order may be filed by proper motion and counter affidavit within 14 days.

'¿This order is granted upon application of (plaintiff/defendant) supported by affidavit. Objection to the order may be made by a proper motion and counter affidavit filed with the Court within fourteen (14)days, pursuant to Ohio Civil Rule 75(N)(2)."

CRITICAL

An applicant whose fee-waiver request is denied has 30 days from issuance of the order to make the required advance deposit or security; failure may result in dismissal.

Applicant is granted thirty (30) days from the issuance of this Order to make the required advance deposit or security. Failure to do so within the time allotted may result in dismissal of the applicant's

CRITICAL

The arbitrators’ names must be submitted to the Court within 60 days after the medical malpractice complaint is filed.

The name of plaintiff's(s') arbitrator and defendant's(s') arbitrator shall be submitted to the Court within sixty (60) days after a medical malpractice complaint is filed.

CRITICAL

The appellant must order preparation of the transcript and file it as soon as possible.

The appellant shall order the preparation of the transcript and file the same as soon as possible.

CRITICAL

If the Proposed Decision is in the abbreviated form permitted by Civ. R. 53(E), a party seeking findings of fact and conclusions of law must request them within 7 days after filing.

If the Magistrate's Proposed Decision was in the abbreviated form permitted by Civ. R. 53(E), parties wanting findings of fact and conclusions of law must request such within seven (7) days of the filing of the Proposed Decision.

CRITICAL

In criminal, delinquency, and serious youthful offender proceedings, a person may seek leave to file a delayed appeal after the 30-day period expires.

In criminal, delinquency, and serious youthful offender proceedings, a person may file a motion for leave to file a delayed appeal after the expiration of the 30-day period provided in App.R. 4(A). [App.R. 5(A)]

CRITICAL

If the appellant files a reply brief, it must do so within 10 days after service of the appellee’s brief.

If the appellant wants to file a reply brief, it must do so within 10 days after service of the appellee’s brief.

CRITICAL

The transcript order copy must be filed with the clerk when the notice of appeal is filed.

A copy of the order for the transcript of proceedings must be filed with the clerk and served on the court reporter at the time of filing the notice of appeal.

CRITICAL

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

This does not in any way alter the provision in 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.

CRITICAL

A party opposing a document’s introduction must file a written objection stating the particular legal objection at least seven days before the hearing, unless the objection’s basis was unforeseeable before the hearing.

Unless the party opposing introduction of the document into evidence files a written objection to the introduction of that document at least seven (7) days before the hearing, setting forth the particular legal objection raised; or 3. Unless the basis for the objection was unforeseeable prior to the hearing.

CRITICAL

A notice of appeal must be timely; otherwise, the Court of Appeals cannot hear the appeal and must dismiss it.

Moreover, a timely notice of appeal is jurisdictional. This means that if you do not file your appeal on time the Court of Appeals cannot hear it and must dismiss the case.

CRITICAL

Deadline

10 court days

If no request is made for the respondent to vacate the home, the assignment commissioner must schedule a hearing within ten court days.

If no request for vacation, then the assignment commissioner shall schedule a hearing within ten (10) court days.

CRITICAL

The judge or magistrate must decide the petition within 60 days after the record is complete unless the petitioner requests and is granted an extension.

Once all necessary information has been received, the judge or magistrate shall decide whether to grant or deny the Petition within 60 days of the completion of the record, unless Petitioner requests and is granted an extension of time.

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 day of hearing or

CRITICAL

Accelerated deadlines apply to App.R. 11.2 cases involving the listed abortion, adoption, parental-rights, and child-related matters.

Accelerated deadlines apply to cases falling under App.R. 11.2, which involve abortions without parental consent, adoption and parental rights, and dependent, abused, neglected, unruly, or delinquent children.

CRITICAL

An application for reconsideration must be filed within 10 days after the decision is filed with the clerk.

within 10 days after the decision is filed with the clerk of the Court of Appeals.

CRITICAL

Unless the party has already qualified as indigent, a deposit of half the estimated transcript cost must be filed with the Assignment Commissioner/Court Reporter within ten days after the Notice of Request for Transcript is filed.

Unless the party has been previously determined to qualify as an indigent litigant as set forth in these local rules, in order to preserve this extended time, a transcript deposit in the amount of one-half of the estimated amount must be filed with the Assignment Commissioner/Court Reporter within ten (10) days of the filing of the Notice of Request for Transcript.

CRITICAL

When shared parenting is requested, the judge or referee must rule within 28 days after a plan is filed and issue findings of fact and conclusions of law if required.

If one or both parties have requested shared parenting, the judge/referee shall rule upon the request within twenty-eight (28) days of a plan (or plans) being filed and issue findings of fact and conclusions of law, if required.

CRITICAL

If a party timely objects, another party may file objections within 10 days after the first objections are filed.

If any party timely files objections, any other party may also file objections not later than ten (10) days after the first objections are filed.

CRITICAL

For covered time periods, exclude the triggering day, extend a last day falling on a weekend, legal holiday, or specified closure, exclude intervening weekends and legal holidays for periods under seven days, and allow an act to be done the next qualifying day when the public office is closed.

a) In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the day of the act, event, or detault from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, a legal holiday, or closed by court or government action, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. When a public office in which an act, required by law, rule, or order of court, is to be performed is closed to the public for the entire day which constitutes the last day for doing such an act, or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday.

CRITICAL

Objections may be submitted 14 days before the arbitration hearing for the panel to consider when weighing the evidence.

It shall give such weight as the panel deems is justified after consideration of any objections which may be submitted fourteen (14) days prior to the arbitration hearing, but shall not be admitted into evidence at trial if the decision of the arbitration panel is not accepted by the parties

CRITICAL

The appellant must ensure timely transmission of the record and obtain any needed extensions.

The appellant is responsible for causing timely transmission of the record and for obtaining any necessary extensions of time.