Avon Lake Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A faxed document is deemed filed when the Clerk receives and time-stamps it.

It shall be deemed filed when received and time-stamped by the clerk.

CRITICAL

A document received by fax outside the court’s regular business hours is deemed filed on the next business day.

Any document received outside of the regular business hours of the court shall be deemed filed as of the next business day.

CRITICAL

Counterclaims and cross-claims must be filed with the court at least seven days before trial.

(A) All counterclaims and cross-claims must be served upon the opposing parties and file with the court at least seven days before the scheduled trial.

CRITICAL

Subpoenas must be filed at least seven days before trial, with the filing fee and witness fees paid when filed.

All subpoenas must be filed seven days prior to the scheduled trial date with the filing fee and witness fees paid at the time of filing.

CRITICAL

A third party complaint must be filed at least ten days before the scheduled trial date.

(A) Any party seeking to join a new party to a pending case must file a third party complaint at least ten days before the scheduled trial date.

WARNING

The Clerk may reject a faxed document that is wholly or partly illegible and must notify the sender as soon as practicable.

The clerk may reject any document which is illegible, either in whole or in part, and shall notify the sender of the same as soon as practicable.

CRITICAL

The court must be notified of the withdrawal of a jury demand no later than seven days before trial.

(B) Notice to the court of the withdrawal of a jury demand shall be made no later than seven days prior to the date of trial.

CRITICAL

The jury-trial deposit is due within 60 days after the pleading containing the demand is filed.

(D) When a jury trial is demanded, the party requesting the same shall make an advance deposit within 60 days after the filing of the pleading that contains the jury demand. If the deposit is not timely made, the jury demand will be waived and the case will proceed as a trial before the court.

CRITICAL

A motion to transfer a small claims matter to the regular civil docket must be filed at least seven days before trial.

A motion to transfer a small claims matter to the regular civil docket shall be filed at least seven days before the scheduled trial date.

CRITICAL

Pretrial motions must be filed and served on opposing parties at least seven days before trial; untimely motions will be stricken.

All pretrial motions shall be filed and served upon the opposing parties at least seven days before the scheduled trial date. Motions that are not timely filed shall be stricken from the file.

CRITICAL

Costs associated with a fax filing must be paid within three days after the document is received by fax.

Such costs shall be paid within three days of the receipt of the document by facsimile transmission.

CRITICAL

A party may file objections within fourteen days after the Magistrate's decision is filed.

Any party may, within fourteen days of the filing of a decision by the Magistrate, file objections.

CRITICAL

A motion to suppress must be filed no later than fourteen days after the first pretrial unless the court grants leave to file later.

(L) A Motion to Suppress shall be filed no later than fourteen days after the first pretrial, unless leave to file is granted by the court.

CRITICAL

When a court order requires a trial brief, counsel for each party must file it at least seven days before trial.

(A) Where a trial brief is required by order of court, counsel for each party shall file a copy with the court and serve the same and all other counsel at least seven days prior to the commencement of trial.

CRITICAL

The other party has ten days thereafter to file objections.

Thereafter, the other party shall have a period of ten days to file objections.

CRITICAL

Unless the court orders otherwise, the plaintiff must submit an entry within fourteen days after the telephone notice.

The plaintiff must submit an entry within fourteen days of such telephone notification, unless otherwise ordered by the court.

CRITICAL

In jury cases, attorneys seeking specific instructions must file proposed instructions at least seven days before trial.

(C) In all jury cases, attorneys for all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the court, and serve the same upon opposing counsel.

CRITICAL

Deadline

3 business days

The original of a document faxed to the court must be filed within three business days after the fax is received; the court may strike the document if the original is not timely filed.

All pleadings, motions, or other documents other than the original complaint or any other pleading that joins or adds a new party, may be transmitted to the court by facsimile transmission provided that the original of the document is filed with the court within three business days of the receipt of the facsimile.

CRITICAL

A person charged with a waivable traffic offense may file a written not-guilty plea requesting trial or pretrial, and must file it before the initial-appearance date.

A person charged with a traffic offense that may be waived may enter a not guilty plea in writing and request a trial or a pretrial.. Such writing must be filed with the court prior to the date of the initial appearance.

WARNING

Before arraignment, defense counsel may file a written appearance and not-guilty plea under Crim. R. 10(B), except for the offenses listed in Local Rule 17(D).

Prior to arraignment, Defendant's counsel may file a written appearance and a plea of not guilty pursuant to Crim. R. 10(B), except for those offenses listed in Local Rule 17(D) below.

WARNING

An untimely motion to transfer will be stricken from the file.

An untimely motion to transfer shall be stricken from the file.