Brown County Court of Common Pleas, General and Domestic Relations Division Filing Timing and Cure Windows

CRITICALCriminal cases

The clerk must deliver a post-conviction petition to the Court one day after filing.

The clerk shall deliver the post-conviction petition to the Court one day after it has been filed.

CRITICALCivil cases

Petitions for Civil Protection Orders may be filed with the Clerk only until 3:15 p.m. when the Court is in session.

Petitions are accepted by the Clerk of Courts until 3:15 p.m. when the Court is in session. The Clerk of Courts shall not accept the filing of a Petition for a Civil Protection Order after 3:15 p.m.

CRITICAL

The Clerk of Courts may reject a fax filing if it lacks the required cover page or includes a filing that is not permitted by the rule.

The Clerk of Courts is hereby authorized to reject any facsimile transmission filing if the sender fails to provide the cover page required under Local Rule 3.4 or if the transmission contains a filing not acceptable under Local Rule 3.3.

CRITICAL

A fax filing is considered filed when received by the Clerk, using the date and time printed at the top of each page by the Clerk's fax equipment; no other timestamp is required.

Subject to the other provisions of this Local Rule, all documents filed by fax shall be considered filed with the Clerk of Courts as of the date and time that the fax transmission has been received by the Clerk of Courts. For purposes of this provision and for docketing such filings into the electronic Case Docket System, a facsimile filing shall be deemed to have been received by the Clerk of Courts as of the date and time printed at the top of each page of the incoming fax transmission as printed out by the Clerk of Courts’ facsimile equipment. There shall be no other date and time stamp required for the filing of fax documents with the Clerk of Courts.

CRITICAL

If illegible, the Clerk of Courts may reject sent documents or request the source documents which shall be provided by counsel within three (3) days of request.

If illegible, the Clerk of Courts may reject sent documents or request the source documents which shall be provided by counsel within three (3) days of request.

CRITICAL

For cases requiring a report under Civ. R. 53(E)(1), adjudication on the merits may not be delivered to the Court for approval until 14 days after the report is filed.

Adjudication upon the merits by a Magistrate in any case in which a report is required under Civ. R. 53(E)(1) shall not be delivered to the Court for approval until fourteen (14) days have elapsed from the filing of his report,

CRITICAL

Any party may file objections and supporting memoranda to the Magistrate’s Report within 14 days.

Objections and Memoranda in Support of such Objections to the Magistrate’s Report may be filed by any party within fourteen (14) days in accordance with Civ. R. (53)(E)(2) and Crim. R. 19(D)(3)(6).

CRITICAL

Any party may file a memorandum contra within 7 days after objections are filed.

Memoranda Contra may be filed by any party within seven (7) days after the filing of such objections.

INFOCivil cases

Petitions will be heard as the Court is able to schedule them on its docket.

The Petitions will be heard as the Court is able to schedule the hearing on its docket.

CRITICALCriminal cases

Private counsel must request payment of fees in an indigent-defendant case within 30 days after the final Entry is filed.

All requests by private counsel for payment of fees on indigent defendant cases shall be made within thirty (30) days after the filing of the final Entry.

CRITICALCriminal cases

A pre-trial motion filed outside the Local Rule 12 time limit will not be heard or decided unless the Judge exercises discretion, and filing it will not continue the trial assignment.

Motions not filed within the time set forth in Local Rule 12 will not be heard nor decided except at the discretion of the Judge. An assignment for trial will not be continued because of the filing of such a motion.

CRITICALCriminal cases

A defendant seeking discovery must request it within seven days after arraignment.

The defendant shall make his request for discovery (pursuant to Rules 7(E) and 16 of the Ohio Rules of Criminal Procedure), if such discovery is desired, within seven (7) days after arraignment.

CRITICALCriminal cases

The State must respond to the defendant’s discovery request before or at the first pre-trial.

Upon the filing of a request for discovery by the defendant, the State shall respond to such request prior to or at the first pre-trial.

CRITICALCriminal cases

The defendant must respond to the State’s Motion for Discovery before or at the second pre-trial.

The defendant shall respond to any Motion for Discovery by the State prior to or at the second pre-trial.

CRITICALCriminal cases

The defendant and surety must show good cause by the date stated in the bail-forfeiture notice why judgment should not be entered against them.

The defendant and surety shall on or before the date set forth show good cause why Judgment should not be entered against them.

CRITICALCivil cases

A receiver must file an inventory as soon as practicable after appointment and no later than 30 days after taking possession, unless the Court orders otherwise.

As soon as practicable after his or her appointment, and not more than thirty (30) days after taking possession of property, a receiver shall file an inventory of all property and assets in the receiver’s possession unless otherwise order by the Court.

CRITICALCivil cases

A receiver must file a report of receipts, disbursements with receipts, and acts and transactions within three months of appointment and every three months thereafter until discharged, or at other times directed by the Court.

A receiver shall file reports of all receipts and of all moneys disbursed by said receiver (with receipts for same) and of the receiver’s acts and transactions within three (3) months after the date of appointment and at regular intervals every three (3) months thereafter until discharged or at such other times as the Court may direct.

CRITICALCivil cases

Failure to file a report within 30 days after it is due or ordered is grounds for removal, and a removed receiver is ineligible for any later appointment.

Failure to file any report within thirty (30) days after the same is due or ordered shall be grounds for removal as receiver. Any receiver so removed shall be ineligible for any subsequent appointment.

CRITICALCivil cases

The panel chair must file the written report and award within 30 days after the hearing and send copies to the parties or counsel on the same day.

Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award with the Clerk of Courts of Common Pleas, with a copy to the Judge and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICALCivil cases

Deadline

24 hours

A Domestic Violence Civil Protection Order petition not heard by 4:00 p.m. must be heard within 24 hours after filing with the Clerk of Courts.

If a Petition for a Domestic Violence Civil Protection Order is not heard by 4:00 p.m., it will be heard no later than 24 hours after it is filed with the Clerk of Courts.

CRITICALCivil cases

A Civil Stalking Protection Order petition not heard by 4:00 p.m. must be heard no later than the next day the Court is in session.

If a Petition for a Civil Stalking Protection Order is not heard by 4:00 p.m., it will be heard no later than the next day the Court is in session.

CRITICAL

A memorandum contra must be served on the movant’s attorney within 14 days after service of the supporting memorandum, and failure to serve and file one may be cause to grant the motion.

Any memorandum contra to said motion shall be served upon movant’s attorney within fourteen (14) days from the date the memorandum in support of the motion was served. Failure to serve and file a memorandum contra may be cause for the Court to grant the motion as served and filed.

CRITICAL

Summary judgment motions are submitted without oral argument on the Civ. R. 56(C) materials, with 14 days to respond and 7 days for the movant to reply after service on the opposing party, within the stated 21-day period.

Motion for Summary Judgment shall be submitted on the briefs and other material authorized by Civ. R. 56(C) without oral arguments twenty-one (21) days, allowing fourteen (14) days to respond and seven (7) days for movant to reply to the motion, after service on the motion on the opposing party.

CRITICALCivil cases

Objections to a Rule 37 discovery motion must be filed within the time specified in Ohio Civil Rule 33.

Objections to any Discovery Motion filed pursuant to Rule 37 of the Ohio Rules of Civil Procedure shall be filed within the time specified in Rule 33 of the Ohio Rules of Civil Procedure.

CRITICAL

Unless the Judge directs otherwise, prevailing counsel must prepare the Journal Entry within 14 days of the Court’s decision and submit it to adverse counsel for approval or rejection.

Unless the Judge otherwise directs, counsel for the party in whose favor an Order, Decree or Judgment is rendered, shall within fourteen (14) days of the Court’s decision prepare the proper Journal Entry, and submit it to the counsel for the adverse party, who shall approve or reject the same.

CRITICAL

Counsel who disagrees with a submitted Journal Entry must request a Court hearing within 7 days after the proposed entry is mailed or otherwise submitted.

If counsel to whom a Journal Entry is submitted does not agree with the entry as submitted, such counsel shall request a hearing before the Court within seven (7) days after the proposed entry is mailed or otherwise submitted to him.

CRITICAL

The Judge may prepare and file an entry without submission or notice, and must do so if counsel fails to present one within 14 days and no hearing request has been made.

Notwithstanding the above, the Judge may cause a proper entry to be prepared and filed without submission or notice to counsel or take such other action as the Judge deems appropriate under the circumstances, and in the event counsel fails to present an entry within fourteen (14) days after the Order, Decree of Judgment is rendered (no request for a hearing as provided in Local Rule 14.2 having been made), the Judge shall cause the proper Entry to be prepared and filed without submission or notice to counsel.

CRITICAL

When Findings of Fact and Conclusions of Law are requested, the requesting party must prepare proposed findings within 5 days as directed by the Trial Judge and submit them to opposing counsel.

When a request for Findings of Fact and Conclusions of Law is made, the Trial Judge shall direct the party making the written request to prepare, within five (5) days, proposed Findings of Fact and Conclusions of Law and submit them to the opposing counsel.

CRITICAL

Within 10 days after opposing counsel receives the proposed findings, they must be submitted to the Court with any written objections and counterproposals; only findings made by the Court become part of the record.

Within ten (10) days after its 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 a part of the record.

CRITICALCivil cases

Depositions cited in the supporting memorandum must be filed by the motion’s filing date.

Any depositions cited in the memorandum must be filed no later than the filing date of the motion.

CRITICALCivil cases

The served party has 28 days after service to answer the complaint.

The party being served has twenty-eight (28) days to answer the complaint

CRITICALCivil cases

Responses to motions for summary judgment and other dispositive motions are due 14 days later.

Responses shall be filed fourteen (14) days later

CRITICALCivil cases

Replies to responses to motions for summary judgment and other dispositive motions are due seven days thereafter.

Replies seven (7) days thereafter

CRITICALCivil cases

Counsel must submit formal pre-trial statements 14 days before the formal pre-trial.

Fourteen (14) days prior to the formal pre-trial, counsel shall submit formal pre-trial statements.

CRITICALCivil cases

Jury instructions are due 14 days before the final pre-trial date.

Fourteen (14) days prior to the final pre-trial date

CRITICALCivil cases

Written objections to jury instructions are due seven days before the final pre-trial date.

Seven (7) days prior to the final pre-trial date.

CRITICALCivil cases

Exhibits must be exchanged and a copy provided to the Court 14 days before the final pre-trial date.

shall be exchanged Fourteen (14) days prior to the final pre-trial date, with a copy to the Court

CRITICALCivil cases

Objections to exhibits are due seven days before the pre-trial, with a copy to the Court.

Seven (7) days prior to the pre-trial, with a copy to the Court

CRITICALCivil cases

After counsel or the parties advise the Court that a case has settled, the dismissal or Settlement Entry is due within 30 days or earlier if the Court designates an earlier time.

If counsel or parties advise the Court that a case has been settled, the dismissal or Settlement Entry shall be due in thirty (30) days or an early time designated by the Court.

CRITICALCivil cases

The other party may file counter affidavits within 14 days after service of the complaint, answer, counterclaim, or motion for consideration in making 75(N) Temporary Orders.

C. Counter affidavits may be filed by the other party within fourteen (14) days of service upon them of the complaint, answer, counterclaim or motion for the Court to consider in making 75(N) Temporary Orders.

CRITICALCivil cases

A 75(N) Temporary Order generally may not issue until at least 15 days after service of the request, but the Court may issue it earlier if both parties have filed affidavits and at least one party has filed a notice of service.

A 75(N) Temporary Order shall not issue until at least fifteen (15) days after service of the request for the 75(N) Temporary Order on the other party. The Court may issue 75(N) Temporary Orders earlier than fifteen (15) days after service of the request in the event that both parties have filed affidavits and at least one party has filed a notice of service.

CRITICALCivil cases

After a 75(N) Temporary Order is journalized, a party may request an oral hearing on modification, which must be heard within 28 days; the Court will attempt to accommodate counsel’s schedule but may set a date requiring the attorneys and parties to be available, and the request does not delay the order’s issuance or effect.

E. After the journalization of a 75(N) Temporary Order, a party may request an oral hearing concerning modification of the 75(N) Temporary Order which shall be heard within twenty-eight (28) days of the request for the hearing. The Court shall attempt to accommodate the attorney’s schedule, however, if necessary, the Court shall simply set a Court date and the attorneys/parties shall need to make themselves available. A request for a hearing will not delay the issuance or the effect of a 75(N) order.

CRITICALCivil cases

A motion for exclusive occupancy must be set for hearing within 28 days of service of the motion and supporting affidavit, with a notice of service filed with the Court and a copy provided to the Magistrate or Judge.

F. All motions for exclusive occupancy of the marital residence shall be set for hearing within twenty-eight (28) days of service of a motion for exclusive occupancy and a supporting affidavit and upon the filing of a notice of service with the Court with a copy provided to the Magistrate/Judge.

CRITICALCivil cases

The plaintiff’s attorney must file the required title evidence with the clerk within 30 days after the complaint is filed.

In actions to quiet title, partition and for the marshaling and foreclosing of liens on real property,the attorney for the plaintiff shall procure and file with the clerk, within thirty (30) days after the filing of the Complaint, evidence of the state of the record title to the premises in question

CRITICALCivil cases

The Sheriff must return the sale to the Court and have it confirmed and the deed ordered no later than one week after the sale.

Not more than one week from the date of sale, the Sheriff shall make his return to the Court and have the sale confirmed and deed ordered.

CRITICALCivil cases

Confirmation-of-sale motions are normally considered ex parte, but an interested party may obtain a hearing by filing a request within one week after the sale.

Motions for Confirmation of Sale shall normally be considered ex parte in nature and no hearing shall be had on the confirmation of sale unless a request for a hearing is filed by any interested party within one week from the date of the sale.

CRITICALCivil cases

Deadline

7 business days

The proposed entry staying the case must be presented within seven business days after the Notice of Stay is filed with the Clerk of Courts.

If a notice of a stay is received, the party granted the foreclosure shall present a proposed entry staying the case to the Court within seven (7) business days of the filing of the Notice of Stay with the Clerk of Courts.

CRITICALCivil cases

Elections in partition cases must be filed with the clerk within seven days after the Sheriff’s return and the Commissioners’ report.

Elections in partition cases shall be filed with the clerk within seven (7) days of the date of the return of the Sheriff and the report of the Commissioners.

CRITICALCivil cases

An election filed after the seven-day period will not be considered.

No election filed after such date shall be considered

CRITICALCivil cases

The joint entry must be submitted within ten business days after mediation terminates.

during mediation, the parties shall submit a joint entry to the Court listing the issues settled and that remain disputed within ten (10) business days of the termination of the mediation.

CRITICALCivil cases

The mediation fee must be paid no later than ten business days before the scheduled mediation conference.

The mediation fee is $300 per party in interest. This fee shall be paid to the Clerk of Courts no later than ten (10) business days prior to the scheduled mediation conference.

CRITICALCivil cases

Attorneys must file and serve a Pretrial Statement at least 14 days before the first formal Pretrial Hearing.

All attorneys shall file with the Judge to whom the cause is assigned, and serve upon all other attorneys appearing in the action, not less than fourteen (14) days prior to the date of the first formal Pretrial Hearing, a Pretrial Statement:

WARNINGCriminal cases

The Court may extend the discovery time periods upon written application and a showing of good cause.

The Court may, in its discretion, extend the time periods herein upon written application and for good cause shown.

WARNING

A reply memorandum may be served and filed within 7 days after the memorandum contra.

A reply memorandum may be served and filed within seven (7) days of the memorandum contra.

WARNINGCivil cases

If the plaintiff’s attorney has not complied within 45 days after the complaint is filed, a cross-complainant or other interested party may, after notice to plaintiff’s counsel, seek leave to file the title evidence.

Upon failure of the attorney for the plaintiff to comply with the foregoing requirement within forty-five (45) days after the filing of the Complaint, any cross-complainant or other interested party, upon notice to plaintiff’s attorney, may procure leave to furnish and file such evidence of the state of the record of title shall become and remain a part of the files of the case.

WARNINGCivil cases

The Court will not act on an election before the seven-day period expires unless all parties consent.

the Court will not act on any election prior to the expiration of such seven (7) day period unless the consent of all parties to the action is obtained.

INFOCivil cases

Compensation applications are heard at the Court’s convenience.

Such applications shall be heard at the convenience of the Court.