Auglaize County Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

E-filers must submit compliant documents and allow enough time for filing, clerk review, and any necessary resubmission; noncompliant documents may be rejected and not filed.

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

A rejected document must be corrected and resubmitted within 48 hours or it will be rejected and will not become part of the court record.

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

Paper documents filed under the rule are deemed filed and become the official court record when the Clerk enters them in the Case Management System.

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official court record when they are entered by the Clerk in the Court’s Case Management System.

CRITICAL

An accepted submission is filed and docketed, deemed filed upon acceptance, and electronically stamped with its submission date and time.

If the submission is accepted, the document shall be filed and docketed. 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.

CRITICAL

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

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

An electronically submitted document is accepted after clerk review, filing, and docketing.

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

WARNING

After reviewing a submission, the Clerk must notify the filer whether it was accepted or rejected.

After Clerk review, the filer will receive notification from the clerk that the submission has been accepted or rejected by the clerk.

WARNING

The Clerk need not acknowledge a fax, the sender bears the transmission risk, and fax filers are urged to verify receipt using available technology.

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

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

Deadline

1 business days

Use of the specified equipment for trial-related proceedings requires Court approval consistent with Canon 3(A), and requests must be received by 4:00 p.m. at least one business day before the hearing.

No photographic, television, recording, broadcasting, telephonic equipment or devices shall be used within the confines of the Courthouse, and in official business, unless otherwise approved by the Court for trial related proceedings and as long as such action is approved by Canon 3(A), Ohio Code of Judicial Conduct. All requests pursuant to this rule shall be received no later than 4:00 p.m. at least one business day prior to the hearing.

WARNING

If a fax filing lacks the listed cover-page information, the Clerk may accept and file it or treat it as failed and not filed, and need not notify the sender of a failure.

(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.

INFO

Upon receipt of an e-filing, the system must issue a confirmation stating the date and time of receipt, which serves 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.

INFO

Filings may be submitted electronically to the Clerk at any time, 24 hours a day and seven days a week.

Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.

WARNING

If a system error prevents receipt, the Court may, upon satisfactory proof, permit the document to 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.

CRITICAL

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

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

CRITICAL

Adverse counsel must approve or reject the proposed Judgment Entry within five days after receiving it.

counsel for the adverse party who shall approve or reject the same within five (5) days after receipt thereof.

CRITICAL

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

All Video Depositions shall be filed no later than fourteen (14) days before trial

CRITICAL

A party requesting separate findings and conclusions must submit proposed findings and conclusions 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 and shall serve copies thereof on all opposing parties or their Counsel.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax filing, or the court may strike the document or exhibit.

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. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

CRITICAL

Within 15 days after a bankruptcy stay is lifted, counsel or the 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

If the Court exercises its discretion to require it, counsel must file an amended Pre-trial Statement including the items in paragraph (B) within five days after the Pre-trial.

At the Court’s discretion, counsel shall file within five (5) days after the Pre-trial, an amended Pre-trial Statement, including those items contained in paragraph (B), above.

CRITICAL

The investigation report must be filed with the Court as directed in the entry 30 days after the application is filed.

This report shall be filed with the Court as set forth in the entry 30 days after filing the application,

CRITICAL

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

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

Within 15 days after a party files bankruptcy, counsel or a self-represented party must file written notice with the Clerk, including 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

In civil cases, all parties must file their Pre-trial Statements with the Court 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

After timely objections, the applicant has 15 days from proof of service to respond and must say whether the applicant will rely on the case documentation or request an oral hearing.

If objection(s) are filed timely, the applicant shall have 15 days from the proof of service to respond to objections, if any, and shall indicate whether the applicant will rely upon the documentation in this case, or request an oral hearing.

CRITICAL

Counsel must promptly submit an order of dismissal after settlement; if it is not submitted within fifteen days after counsel represents to the Court that the case has 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.

CRITICAL

Objections must be filed at least 30 days before the hearing; if that date falls on a weekend or holiday, they are due on the prior court date.

All objections to the application shall be filed at least 30 days before the hearing. If the th 30 day falls on a weekend or holiday, the objection shall be due the last court date prior to that date,

CRITICAL

Unless the Court directs otherwise, counsel for the party in whose favor an order, decree, or judgment is rendered must prepare the proper Judgment Entry and submit it to adverse counsel within five days thereafter.

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

CRITICAL

A transfer motion must be filed at least five days before trial and approved by the Judge; good cause is an exception.

Except for good cause shown, no case shall be transferred from the small claims docket to the regular docket of the Court except up a motion by the moving party field at least five days prior to the scheduled trial date and approved by the Judge.

WARNING

The Court must set a hearing date approximately 80 days after the petition is filed.

Upon filing of a Petition for either Sealing or Expungement of a record, the Court shall set a hearing date approximately 80 days from the date of filing of the petition.

WARNING

A request for a view must be made at least seven days before the scheduled trial date; requests with less notice will not be honored.

Any party or their Counsel, who requests a view of the premises or scene, must make a request in writing for such not later than seven (7) days prior to the scheduled date of trial. No requests will be honored if made with less than seven (7) days notice.

INFO

A defendant may apply to the sentencing court for work-release participation at or before sentencing.

At or before the time of sentencing, a defendant may make application to the sentencing Court.