Bellevue Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A civil document filed by fax is deemed filed when received by the Clerk and has the same force and effect as the original.

A pleading, motion, or other document filed with the Court by facsimile transmission shall be deemed filed when received by the Clerk of Court and will have the same force and effect as the original of the document being transmitted.

CRITICAL

Documents must reach the Clerk during regular office hours; documents received after 4:30 PM Monday through Friday are deemed received or filed the next business day, with the Court’s fax-machine notation controlling the cutoff unless otherwise ordered.

All documents which are submitted to the Cou1t must be received by the Clerk of Court during the regular office hours of the Clerk of Court (Local Rule I ). Any document received after 4:30 PM Monday through Friday, shall be deemed received and/or filed of the next business day. For the purpose of this Local Rule, 4:30 PM. Shall be determined by the notation on the Court's facsimile machine unless otherwise ordered by the Court.

CRITICAL

In civil jury cases, each party’s attorney must furnish the Court a brief of the issues and law expected to be presented to the jury at least five days before trial.

In all civil jury cases, attorneys for all parties to the action shall, at least five (5) days before date of trial, furnish to the Court a brief of the issues and the l aw they expect the Judge to present to and charge the jury.

CRITICAL

If the adverse party also files a summary-judgment motion, the hearing date is extended to 30 days from service of the later motion on the opposing party.

In the event the adverse paiiy also files a Motion for Summary Judgment, the hearing date shall be extended to thitty (30) days from the service upon the opposing party o f the latter Motion.

CRITICAL

The court was required to commence using and filing the electronic statistical reports on or before February 15, 2016.

The Bellevue Municipal Court shall commence the use and filing of electronically submitted Supreme Court Administrative and Individual Judge Statistical Reports on or before February 1 5, 20 1 6, Pursuant to Superintendence Rule 37(B).

CRITICAL

Criminal motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

Motions must be filed within the time l imits established by the Ohio Rules of Criminal Procedure.

CRITICAL

Unless otherwise ordered, a summary-judgment motion is heard on authorized briefs and materials without oral argument 30 days after service, and the adverse party may serve and file opposing affidavits before the hearing.

(H) Summary Judgment. Unless otherwise ordered by the Com1, Motions for Summary Judgment shall be heard on briefs and other materials authorized by Civil Rule 56 (C) without oral arguments thhiy (30) day after service of the Motion upon the opposing party. The adverse party prior to the day of the hearing may serve and file opposing patty affidavits.

CRITICAL

After a case is set for a proceeding requiring personal appearance, a dismissal request based on settlement or another reason must be submitted in writing within twenty days of the scheduled appearance, following prompt telephone notice to the Clerk.

After a case has been set for pre-trial, trial or other proceedings requiring personal appearance, a request for dismissal by the plaintiff or by agreement of the parties due to settlement or some other reason shall be submitted in wtiting to the Court within twenty (20) d ays of the scheduled court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.

CRITICAL

For a case held for settlement entry, if the judgment entry is not received within twenty days, the party will be notified that the case will be dismissed unless the entry is received within ten more days.

When a file has been marked to be held for settlement entry and the judgment entry has not been received within twenty (20) days, the Clerk of Court shall notify the party that his or her case will be dismissed unless the entry is received within ten ( 1 0) d ays.

CRITICAL

When ordered, each party must deliver its trial brief to the Court and other counsel at least one weekday before trial, unless the Court orders otherwise.

When a trial brief is required by order of Court, counsel for each party shall deliver a copy to the Court and all other counsel at least one ( I ) weekday prior to commencement of trial unless otherwise ordered by Court.

CRITICAL

Deadline

3 business days

In criminal cases the Clerk of Court will accept for filing documents by facsimile transmission, provided however, that the original of that document is filed with the Court within three (3) business days when received by the Clerk of Court by facsimile transmission on condition that the original of that document is timely filed.

In criminal cases the Clerk of Court will accept for filing documents by facsimile transmission, provided however, that the original of that document is filed with the Court within three (3) business days when received by the Clerk of Court by facsimile transmission on condition that the original of that document is timely filed.

CRITICAL

Upon perfection of service, the Clerk of Court shall notify counsel of the default and that a failure to submit a motion for default within thirty (30) days may result in the case being dismissed.

Upon perfection of service, the Clerk of Court shall notify counsel of the default and that a failure to submit a motion for default within thirty (30) days may result in the case being dismissed.

WARNING

When directed by the Court, counsel for the party in whose favor an entry is entered must prepare and submit a journal entry within ten days; opposing counsel must approve or reject it within five days of receipt and may file written objections.

When ordered or directed by the Comt, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten ( 1 0) days unless the time is extended by the Court, prepare a proper journal entry and submit it to opposing counsel who shall approve or reject it within five (5) days after its receipt and may file objections in writing with the Court.

WARNING

If a case not set for trial has had no action for six months, the Clerk will notify the party that it will be dismissed within seven days unless good cause is shown.

If no action has been taken on a file for a six ( 6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within seven (7) days unless good cause is shown.

WARNING

Proposed findings must be submitted to the Court with any written objections and counterproposals within ten days after opposing counsel receives them; only the Court’s findings become part of the record.

Within ten ( 1 0) days after receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and counter proposals, if any, in writing; -however, only those findings of fact and conclusions of law made by the Court shall form part of the record.

WARNING

After a written request for findings, the Judge may direct the requesting party to prepare and submit proposed findings and conclusions to opposing counsel within ten days.

When a request for findings of fact and conclusions of law is m ade, the Judge may d irect the party making the written request to prepare, within ten (1 0) days, proposed findings of fact and conclusions of law and submit them to the opposing counsel.

WARNING

A party may move within ten days after findings are filed for the Court to amend or add findings and amend the judgment.

Upon motion of a party made within ten ( 1 0) days after the filing of the findings, the Court may amend the findings, make additional findings and may amend the judgment accordingly.

WARNING

When default judgment is available, the plaintiff’s failure to demand it within thirty days after notice of the defendant’s default constitutes cause for dismissal for want of prosecution.

In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure, thereafter, of such party to make demand for j udgment by default under Rule 55 (A) of Ohio Rules of Civil Procedure within thirty (30) days from the time that plaintiff has notice of defendant's default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.