Barberton Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An electronic filing received after 4 p.m. Eastern Time is file-stamped the next business day.

The electronically transmitted document's filing date is determined by court hours. Any filings sent electronically and received by the Court after 4 pm. Eastern Time will be file-stamped the next business day.

CRITICAL

A counterclaim or cross-claim in small claims must be filed with the Small Claims Division and served on all other parties at least seven days before trial of the plaintiff’s original claim.

Any person who files a counterclaim or cross-claim shall file it with the Small Claims Division and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.

CRITICAL

The Clerk may not issue a writ or alias writ of restitution more than 60 days after the restitution order unless the Presiding Judge authorizes it.

The Clerk shall not issue a writ of restitution or an alias writ of restitution after sixty (60) days from the date a Court ordered restitution of the premises, unless authorized by the Presiding Judge.

CRITICAL

Each party must file complete proposed jury instructions and a trial brief seven full days before trial.

Each party shall file, seven full days in advance of trial, a complete set of instructions suitable for charging the jury. Parties shall file a trial brief seven full days in advance of trial.

CRITICAL

Deadline

7 calendar days

A withdrawal request must be filed at least seven calendar days before the next hearing unless otherwise permitted.

Any request to withdraw must be in writing and be filed with the court at least seven calendar days before the next scheduled hearing, or as otherwise permitted

CRITICAL

A recording request must reach the assigned judge no later than 30 minutes before the session, unless the trial judge permits otherwise.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing and submitted to the assigned judge as far in advance as reasonably practical, but no later than one-half (1/2) hour before the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

After permission is granted, the applicant must file the notice and permission order with the Ohio Supreme Court’s Office of Attorney Services within 30 days.

If the judge or magistrate grants the applicant's motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within thirty (30) days.

CRITICAL

A required judgment or dismissal entry must be filed within 30 days.

The entry shall be filed within thirty (30) days.

CRITICAL

A jury demand in a forcible-entry-and-detainer case must follow Rule 4.6 and be made at least three days before trial.

A demand for jury trial shall be made in accordance with BMCR Number 4.6, except that it shall not be made fewer than three days prior to the trial date.

CRITICAL

Documents served after the original complaint must be filed within three days after service, except specified discovery materials, which are filed only by court order or for evidence or motion consideration.

All documents, after the original complaint, required to be served upon a party shall be filed with the court within three days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the court or for use as evidence or for consideration of a motion in the proceeding.

WARNING

Any praecipe for subpoena or order designating a person to serve a subpoena should be filed with the Clerk no later than seven days before the date of trial. If a witness fails to appear at trial and the filing for such service was made fewer than seven days before trial, then such nonappearance shall not constitute grounds for a continuance.

Any praecipe for subpoena or order designating a person to serve a subpoena should be filed with the Clerk no later than seven days before the date of trial. If a witness fails to appear at trial and the filing for such service was made fewer than seven days before trial, then such nonappearance shall not constitute grounds for a continuance.