Bryan Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

If a fax filing lacks the required cover-page information, the Court may file it or place it in the failed-fax file, in which case it is not considered filed.

(F) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Court may, at its 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.

CRITICAL

Although the electronic-filing service is available around the clock, filings must be completed during regular court hours, and documents received outside those hours are deemed received for filing the next business day.

The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed during the regular court hours as set out in these rules. Any document received outside of those regular hours shall be deemed received for filing on the next business day.

CRITICAL

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

Subject to the provisions of these rules, al documents sent by fax and accepted by the Clerk shall be considered the filed with Clerk of Court 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

For electronic documents, the file stamp's effective date and time are those accepted by the court for filing.

The file stamp imbedded on electronic documents shall be the effective date and time as accepted by the court for filing.

CRITICAL

A filing does not relate back to an unsuccessful original filing attempt; a filer seeking relation back after rejection for technical errors must move the Court for relief.

A filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the Court seeking such relief.

WARNING

The Clerk's office is deemed open to receive fax filings only on the days and at the times 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.

INFO

The Clerk assigns a transaction number when a document is received in its entirety, and successful transmission displays the transaction number, filing date and time, and an image of the filed document.

A transaction number wil be assigned to each document when it is received in its entirety by the receiving device of the Clerk. The transaction number and the date and time of filing wil be displayed on the screen of the filer's computer, with an image upon of the document filed, successful transmission of the document.

INFO

Entries of settlement may be filed at any time.

Entries of settlement may be filed at any time.

CRITICAL

Deadline

7 business days

Praecipes or written instructions for subpoenas must be filed at least seven business days before trial, unless the Court allows otherwise.

The Clerk's Office shall process subpoenas from a praecipe or written instructions filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.

CRITICAL

If a case has had no action for six months and is not set for trial, the filing party will be notified that it will be dismissed within ten 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 filing party that the matter wil be dismissed pursuant to M.C. Sup. Rule 6 within ten (10) days unless good cause is shown to the contrary.

CRITICAL

The journal entry must be submitted to the Judge for approval and signature within 30 days of the decision.

Within thirty days of the decision, the journal entry shall be submitted to the Judge for approval and signature.

CRITICAL

Applies to

Answer

After possession is determined in an FED case with a second cause of action for money damages, the defendant must answer within 28 days of service of the complaint.

When a second cause of action in an FED has been filed alleging money damages, after the issue of possession of premises has been determined, the case will be continued for defendant to answer within 28 days of service of the complaint.

CRITICAL

Written motions and accompanying judgment entries must be filed within five days after an oral request for a new date.

Written motions and accompanying judgment entries must be filed within five (5) days after any oral requests for a new date.

CRITICAL

If the defendant has appeared, a hearing on the default-judgment application must be set and the defendant or representative must receive at least 14 days’ notice.

If the defendant has entered an appearance in the action in accordance with Civil Rule 55(A) a hearing shall be set on the application for the default judgment with defendant or defendant's representative being given at least fourteen (14) days notice before the hearing date.

CRITICAL

Reply briefs must be filed with the Clerk of Court at least 10 days before trial.

Reply briefs shall be filed with the Clerk of Court at least ten (10) days before the date of trial

CRITICAL

Either party may demand a jury trial, but the demand must be filed no later than three days before the trial date.

Either party may demand a trial by jury in accordance with Section 1923.10 of the Ohio Revised Code. Said jury demand must filed be no later than three (3) days prior to the date set for trial.

CRITICAL

Parties must file pre-trial motions by the Court-specified time before the pre-trial conference.

The respective parties are to exchange discovery and file any pre-trial motions within the time specified by the Court prior to the pre-trial conference.

CRITICAL

If a settlement entry marked as forthcoming is not received within 30 days, the party will be notified that the case will be dismissed unless the entry is received within ten days.

When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days then the Clerk shall notify the party that his case wil be dismissed unless the entry is received within ten (10) days.

CRITICAL

A settlement may avoid trial without an entry, but an entry must be filed within 30 days after notice of settlement to the Court or the case may be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days after notice to the Court of settlement or the case may be dismissed for want of prosecution.

CRITICAL

The required jury-demand waiver must be filed before the scheduled trial date, before any plea is entered, or before a court trial begins.

Said waiver must be filed prior to the scheduled trial date or prior to the entrance of any plea or commencement of any trial to the Court.

CRITICAL

In civil cases other than FED actions, a jury demand and the required deposit must be filed at least 14 days before trial, within the time specified by Ohio Civil Rule 38.

In a civil case other than FED actions either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit as set forth on Exhibit A with the Clerk of Court. Said jury demand and deposit must be filed fourteen (14) days prior to the date scheduled for trial.

CRITICAL

Counsel must obtain service of summons within six months of filing the cause of action; otherwise, the Clerk will notify counsel that the case will be dismissed without prejudice in ten days unless good cause is shown.

If counsel fails to obtain service of summons within six (6) months from the date of cause of action was filed, then the Clerk shall notify Counsel that the case will be dismissed without prejudice in ten (10) days unless good cause i s shown to the contrary.

CRITICAL

Applies to

Counterclaim

To initiate the consolidated-trial procedure, the defendant must file the counterclaim with the Clerk of Court before trial.

To initiate this procedure, defendant must first serve a counter-claim upon plaintif and file the same with the Clerk of Court before the trial date

CRITICAL

Opposing counsel must file any response in opposition within 14 days.

Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments within fourteen (14) days thereafter.

CRITICAL

The rent escrow hearing must be held within 14 days after the application is filed.

A hearing shall be held within fourteen (14) days from the date of filing.

CRITICAL

Deadline

7 business days

A subpoena request must be filed at least 7 business days before trial unless the Court allows otherwise.

The Clerk of Court shall process requests for subpoenas from a praecipe or written instruction filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, missing exhibits must be filed separately within five court days after the fax filing; failure may result in the document or exhibit being struck.

Unless the court otherwise missing orders,exhibit the shall be filed with the court, as a separate document, not later than five (5) court days fol owing 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

Motions must be filed within the deadlines established by the Ohio Rules of Criminal Procedure.

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

CRITICAL

A hearing on a motion to revive a judgment must be scheduled, with notice given at least 14 days beforehand.

A hearing shall be scheduled and notice be given at least fourteen (14) days prior to the scheduled hearing date.

CRITICAL

Plaintiff’s counsel must file the trial brief at least 20 days before trial.

In any civil jury case counsel for the plaintiff shall file a trial brief with the Clerk at least twenty (20) days before the date of trial.

WARNING

Motions are considered submitted at the end of the 14-day response period unless the Court extends the time.

All motions will be considered submitted at the end of said fourteen (14) day period unless the time is extended by the Court.