Auglaize County Court of Common Pleas Filing Timing and Cure Windows

CRITICAL

If a fax filing lacks the required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not filed; the Clerk need not notify the sender but may do so if practicable.

(B) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at the Clerk’s discretion; (1) enter the document in the Case Docket and file the document; or (2) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Court. (C ) The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.

CRITICAL

An accepted fax filing is considered filed when the Clerk time-stamps receipt, not when the fax was transmitted.

(A) Subject to the provision of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

CRITICAL

E-filers are responsible for submitting compliant documents and allowing enough time for filing, Clerk review, and any resubmission because noncompliant documents may be rejected and not filed.

E-filers must always be aware of the statute of limitations, the savings statute, and similar time limits. It is solely the e-filer’s obligation to submit only documents which fully comply with court rules, policies, procedures, and practices. Documents that do not fully comply may be rejected, not docketed, and not filed. The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

CRITICAL

Electronic filing does not change or extend applicable statutes of limitation.

Electronic filing does not alter or extend applicable statutes of limitation.

CRITICAL

A rejected submission is not part of the court record and must be resubmitted to meet the requirements within 48 hours or it will be rejected.

 If the submission is rejected, the document shall not become part of the court record and the filer shall be required to re-submit the document to meet the requirements within 48 hours. If not resubmitted within 48 hours, the document will be rejected.

CRITICAL

An accepted submission is deemed filed and receives an electronic stamp showing when it was submitted to the e-file system.

Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the courts e-file system.

WARNING

The Clerk’s office is deemed open to receive fax filings on the days and during the hours the court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

WARNING

The sender bears all risks of fax transmission, and fax filers are urged to verify receipt using available technological means.

(D) The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.

WARNING

If a system error prevents receipt, the Court may, upon satisfactory proof, order that the document be filed as of its submission date.

If a submission is not received by the court because of a system error, the court may, upon satisfactory proof, enter an order permitting the document to be filed as to the date it was submitted.

INFO

The Clerk of Court may acknowledge receipt of a fax transmission but is not required to do so.

(C) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.

INFO

An electronically submitted document is filed and docketed after Clerk review and acceptance.

Accepted: An electronically submitted document has been reviewed by the Clerk, filed and docketed.

INFO

Upon receipt of an electronic submission, the system must issue confirmation showing the receipt date and time as proof of receipt.

Upon receipt, the Court’s e-file system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the facsimile document is filed.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.

CRITICAL

In civil cases, all parties must file their pre-trial statements at least three days before the Final Pre-trial.

In all Civil cases, Pre-trial Statements by all parties shall be filed with the Court at least three (3) days before date of Final Pre-trial.

CRITICAL

Video depositions must be filed no later than 14 days before trial.

All Video Depositions shall be filed no later than fourteen (14) days before trial and shall be accompanied by a written transcript of the testimony.

CRITICAL

Unless the Court directs otherwise, prevailing counsel must prepare and submit the judgment entry within five days after the order, decree, or judgment, and opposing counsel must approve or reject it within five days after receipt.

Unless the Court otherwise directs, counsel for the parties in whose favor an order, decree or Judgment is rendered, shall within five (5) days thereafter, prepare the proper Judgment Entry and submit it to counsel for the adverse party who shall approve or reject the same within five (5) days after receipt thereof.

CRITICAL

Appellants must submit their briefs at least 14 days before the hearing.

All Appellants shall submit briefs at least fourteen (14) days prior to the time set for hearing.

CRITICAL

Appellees must submit their briefs no later than the time set for the hearing.

Appellees shall submit briefs at or prior to the time set for hearing.

CRITICAL

The opposing party must answer a conciliation petition within 14 days after service.

Service of the petition shall be in accordance with the Civil Rules and the opposing party shall answer the petition within fourteen (14) days of service.

CRITICAL

Within 15 days after bankruptcy is filed, the attorney of record or self-represented party must file written notice with the Clerk and include the stay order or other documentation confirming the filing and its date.

Whenever any party to an action pending in this Court files bankruptcy, the attorney of record or the party, if acting in a pro se capacity shall, within fifteen (15) days after filing bankruptcy, file written Notice of Filing with the Clerk of this Court. Such Notice shall include a copy of the Order Staying State Court actions or other appropriate documentation confirming and giving the date of such filing.

CRITICAL

Within 15 days after a stay is lifted by the Bankruptcy Court or by operation of law, the attorney or party must file and serve notice of the lifting on all counsel or self-represented parties.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

CRITICAL

A party requesting separate findings under Civil Rule 52 must submit proposed findings within five days after receiving notice of the Court’s decision.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law

CRITICAL

Opposing counsel must submit and serve their proposed findings within five days after receiving the requesting party’s proposals.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

CRITICAL

Ordered judgment entries must be filed within fourteen days unless other arrangements are made.

If Counsel are ordered to prepare Judgment Entries, same shall be filed within fourteen (14) days unless other arrangements are made.

CRITICAL

Deadline

48 hours

A complaint or probation violation must be filed within 48 hours of a child’s arrest.

Upon arrest of a child, a detention hearing will be held within forty-eight (48) hours either by the Court or by personnel at the detention facility. A complaint or probation violation will also be filed within the same time constraints.

WARNING

Counsel must promptly submit a dismissal order after settlement; if counsel has not done so within 15 days after representing to the Court that the case settled, the Court may dismiss for want of prosecution or enter settlement and dismissal and assess costs.

Counsel shall promptly submit an order of dismissal following settlement of the case. If counsel fails to do so within fifteen (15) days after representation to the Court that the case has been settled, the Court may order the case dismissed for want of prosecution or file a Judgment Entry of settlement and dismissal, and assess costs.

WARNING

When ordered to prepare an entry, counsel must prepare and submit it within 14 days unless the Court allows another period.

G. When the Court orders counsel to prepare an entry, counsel will have fourteen (14) days to prepare the same and submit it to the Court unless some other time period is allowed.

WARNING

The Clerk must docket and forward the IV-D Application to the CSEA within 14 days after the support entry is filed.

H. Unless previously filed, all Judgment Entries ordering support shall be accompanied by a signed and completed IV-D Application which the Clerk of Court shall docket and forward to the CSEA within fourteen (14) days of the filing of the Entry.

WARNING

If the home-investigation motion is granted, the investigator must prepare and provide a written report to the Court at least 14 days before the final hearing.

B. If the motion is granted, a written report shall be prepared and provided to the Court by the court appointed investigator at least fourteen (14) days prior to the final hearing.