Court Rules

Butler County Court of Common Pleas, General Division Filing Timing and Cure Windows

53 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Butler County Court of Common Pleas, General Division; use the court rules overview to switch categories without leaving this court.

A document is considered filed when the Clerk accepts it into the case record.

“Filed” means the acceptance of a document into the record of a case.

Court-level rulesCRITICALOfficial source

Subject to the deficiency-correction rule, an electronic document is filed upon submission regardless of the Portal's stamp date.

(4) Effective Date of Filing. Subject to 5(c), below, documents shall be considered filed upon submission, regardless of the date ultimately stamped on the document by the e-Filing Portal.

Court-level rulesCRITICALOfficial source

A rejected document is considered filed upon submission if its deficiencies are corrected in a timely manner, consistent with Section D(4).

(i) A rejected document will be considered filed upon submission, consistent with Section D(4) of this rule, provided any deficiencies are corrected in a timely manner.

Court-level rulesCRITICALOfficial source
Deadline
2 business days

A filer must correct deficiencies within two business days to preserve the original submission date; otherwise, filing occurs when all deficiencies are corrected.

(c) Upon receipt of a notice of deficiencies, the submitting party shall cure or correct any deficiencies within 2 business days in order to preserve the date of original submission as the filing date. If deficiencies are not timely corrected, the document will be deemed filed upon the date all deficiencies are ultimately corrected.

Court-level rulesCRITICALOfficial source
Deadline
14 calendar days

The sale-requesting party or its counsel must submit a proposed order confirming the sale within 14 calendar days after the specified sale-related return or report, with possible contempt sanctions for late submission.

Within 14 calendar days after the Sheriff’s return of an order of sale or writ of execution, or a private selling officer’s report on order of sale, the party requesting the sale, or its counsel, shall submit to the Court a proposed Order confirming the sale. Failure to timely submit the proposed confirmation entry may result in a citation for contempt.

Court-level rulesCRITICALOfficial source
Deadline
7 calendar days

For a Sheriff’s sale, the confirmation entry must require the sale-requesting party or counsel to prepare and deliver a deed to the Sheriff within 7 calendar days after filing.

When property is sold at Sheriff’s sale, the confirmation entry shall order that the party requesting the sale, or its counsel, shall prepare, and deliver to the Sheriff, within 7 calendar days after filing of the confirmation entry, a deed conveying title to the purchaser.

Court-level rulesCRITICALOfficial source
Deadline
7 calendar days

For a private selling officer’s sale, the confirmation entry must require conveyance to the purchaser by deed within 7 calendar days after filing.

When property is sold by a private selling officer, the confirmation entry shall order the private selling officer convey the property to the purchaser by deed within 7 calendar days after filing the confirmation entry.

Court-level rulesCRITICALOfficial source

Within 30 days after return of sale, the Court must approve the proposed sale-confirmation order or identify changes required before filing approval.

Within 30 days after the return of sale, the Court shall either approve the order confirming the sale or notify the party submitting the proposed order of changes required before the proposed Order may be approved for filing.

Court-level rulesCRITICALOfficial source
Deadline
7 calendar days

Any revised sale-confirmation order must be returned to the Court within 7 calendar days.

Revised orders, including any required changes, shall be returned to the Court within 7 calendar days.

Court-level rulesCRITICALOfficial source

A purchaser may waive all or part of the 30-day period by signing the confirmation entry, but an entry not approved by the purchaser cannot be filed until the unwaived period expires.

A purchaser may waive all or any part of the 30 day period by signing the confirmation entry, but no confirmation entry not approved by the purchaser shall be filed until said period has expired.

Court-level rulesCRITICALOfficial source

The appointed-counsel fee application is due within 30 days after the final hearing.

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within 30 days from the date of the final hearing.

Court-level rulesCRITICALOfficial source

The separate post-conviction fee application is due within 30 days after entry of the judge's decision.

Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within 30 days of the date of the entry of the judge's decision.

Court-level rulesCRITICALOfficial source

Criminal pretrial motions must meet Ohio Criminal Rules filing deadlines unless the assigned judge grants leave after notice to the adverse party.

All pretrial motions in criminal cases shall be filed in accordance with the time limits prescribed in the Ohio Rules of Criminal Procedure, unless leave to file such a motion is granted by the judge assigned to hear the case after notice to the adverse party.

Court-level rulesCRITICALOfficial source

Pretrial motions must be decided seven days before trial, and the prevailing party must prepare and submit an entry recording the disposition.

All pretrial motions shall be determined 7 days prior to trial, and an entry recording the disposition of that motion shall be prepared and submitted by the prevailing party.

Court-level rulesCRITICALOfficial source

The pretrial-statement deadline may be extended only with leave of court.

This deadline cannot be extended except by leave of court.

Judge Daniel E. HaugheyCRITICAL

Joint jury instructions must use the Microsoft Word file format and be submitted electronically at least two weeks before trial.

Joint jury instructions are required to be submitted in writing and electronically in Microsoft Word, at least two (2) weeks before trial.

Judge Daniel E. HaugheyCRITICAL

Proposed findings of fact and conclusions of law must be submitted electronically at least one week before a bench trial.

In lieu of jury instructions, for any issue to be tried to the court, each party shall submit to the court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions law.

Judge Daniel E. HaugheyCRITICAL

An objection to the admission or use of trial material must be filed before 4:00 p.m. on the indicated date, and a copy must be contemporaneously delivered to the court’s chambers.

Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated, and a copy of the objection shall be contemporaneously delivered to the court in chambers.

Judge Daniel E. HaugheyCRITICAL

The elements-to-be-proved memorandum for each bench-trial claim must be submitted electronically at least one week before trial.

For each claim to be tried to the court, each party shall submit to the court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.

Judge Daniel E. HaugheyCRITICAL

Transcripts and video depositions are due to the Clerk’s office before trial begins.

The parties, or their attorneys, are responsible for insuring that all transcripts and video depositions are filed with the Clerk’s office prior to trial.

Judge Daniel E. HaugheyCRITICAL

The written expert report must be supplied no later than 30 days after the expert-disclosure deadline.

The report must be supplied no later than 30 days after the deadline for the disclosure of the expert.

Judge Greg S. StephensCRITICAL

Supplemental expert reports must be exchanged when received and in all events no later than 30 days before trial.

Supplemental reports must be exchanged upon receipt, but no later than 30 days before trial.

Judge Greg S. StephensCRITICAL

All discovery, including depositions, must be completed by the discovery cutoff date provided in the scheduling order.

All discovery, including depositions, must be completed by the provided discovery cutoff date.

Judge Greg S. StephensCRITICAL

Supplemental expert reports are due no later than 30 days before trial unless good cause is shown.

Unless good cause is shown, all supplemental reports must be supplied no later than 30 days prior to trial.

Judge Greg S. StephensCRITICAL

The scheduling-order dates and deadlines in Sections C through G, and the trial date, may not be changed without leave of court.

However, none of the dates and deadlines set forth in Sections C through G of the scheduling order, as well as the trial date, may be altered without leave of court.

Judge Greg S. StephensCRITICAL
Deadline
14 days

A response to a motion other than a summary-judgment motion is due no later than 14 days after service unless leave to respond late is granted.

Responses to a motion (other than a motion for summary judgment) shall be filed no later than 14 days after service of the motion, unless leave to answer out of time is granted.

Judge Greg S. StephensCRITICAL
Deadline
7 days

A moving party’s reply is due no later than seven days after service of the response unless the court grants leave.

The moving party may reply to the response no later than 7 days after service of the response, unless otherwise granted by leave of court.

Judge Greg S. StephensCRITICAL

A summary-judgment response is due no later than 28 days after service, and the reply is due no later than seven days after service.

Responses to motions for summary judgment shall be filed no later than 28 days from service, and replies to summary judgment motions shall be filed no later than 7 days from service.

Judge Greg S. StephensCRITICAL

Failure to timely resubmit a corrected proposed order may result in denial of the associated motion.

Failure to timely resubmit a corrected proposed order may result in denial of the motion.

Judge Greg S. StephensCRITICAL

The pretrial-statement deadline is 4:00 p.m. on the date specified in the scheduling order.

The pretrial statements shall be electronically delivered to the Court’s chambers via email to stephenscc@bcohio.gov no later than 4:00 p.m. on the date stated in the scheduling order.

Judge Greg S. StephensCRITICAL

The pretrial-statement deadline may not be extended without leave of court.

This deadline cannot be extended except by leave of court.

Judge Greg S. StephensCRITICAL

The joint jury instructions, interrogatories, and verdict forms are due at least one week before trial.

The parties shall confer and submit joint jury instructions, interrogatories and verdict forms electronically in Microsoft Word format, at least one week before trial.

Judge Greg S. StephensCRITICAL

If the parties cannot resolve all conflicts in jury instructions, interrogatories, or verdict forms, they must submit one reconciled redline version to the Court by the stated deadline.

In the event the parties cannot resolve all conflicts on jury instructions/interrogatories and/or verdict forms, the parties shall submit a single, reconciled redline version of the proposed instructions, interrogatories and/or verdict forms to the Court by the stated deadline.

Judge Greg S. StephensCRITICAL

The proposed findings, conclusions, and per-claim elements memoranda are due at least one week before trial.

In lieu of jury instructions, for any issue to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions of law. For each claim to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.

Judge Greg S. StephensCRITICAL

Written objections to exhibits or other trial material must be filed by 4:00 p.m. on the scheduling-order date, with a contemporaneous copy delivered to chambers.

Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated in the scheduling order, and a copy of the objections shall be contemporaneously delivered to the Court in chambers.

Judge Greg S. StephensCRITICAL

Pretrial statements must be delivered to the court in chambers by 4:00 p.m. on the indicated date, and the deadline may be extended only with leave of court.

The pretrial statements shall be delivered to the court in chambers no later than 4:00 p.m. on the date indicated. This deadline is firm and cannot be extended except by leave of court.

Judge Jennifer Muench-McElfreshCRITICAL

Separate trial-material sets must be delivered to opposing counsel and the court before 4:00 p.m. on the indicated date.

Separate sets of materials shall be delivered to opposing counsel and to the court before 4:00 p.m. on the date indicated.

Judge Jennifer Muench-McElfreshCRITICAL

Objections to the admission of exhibits or use of other trial material must be made in writing, filed before 4:00 p.m. on the indicated date, and copied contemporaneously to the court in chambers.

Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated and a copy of the objection shall be contemporaneously delivered to the court in chambers.

Judge Jennifer Muench-McElfreshCRITICAL

Counsel must file all transcripts and video depositions with the Clerk's office before trial.

Counsel is responsible for insuring that all transcripts and video depositions are filed with the Clerk's office prior to trial.

Judge Jennifer Muench-McElfreshCRITICAL

The Clerk must file specified initiating and appellate documents despite deficiencies and must notify the submitting party and assigned judge of those deficiencies.

(a) Pleadings (and other documents commencing a cause of action), Administrative Appeals, Objections to Magistrate’s Decisions, Motions to Set Aside Magistrate’s Orders, and Notices of Appeal shall be filed by the Clerk notwithstanding any deficiencies. The Clerk shall send notice of the deficiencies to the submitting party and the assigned judge.

Court-level rulesWARNINGOfficial source

For filings not covered by paragraph 5(a), the Clerk must notify the submitting party of deficiencies.

(b) As to filings other than those set forth in (a), above, the Clerk shall notify the submitting party of any deficiencies.

Court-level rulesWARNINGOfficial source

The Court may issue corrective orders on a party's motion or its own initiative to cure deficiencies and modify its records.

(i) Upon motion of a party, or upon its own initiative, the Court shall have discretion to issue orders necessary to correct and cure any deficiencies and to make modifications to its records consistent with this rule.

Court-level rulesWARNINGOfficial source

The Court may deny a corrective-order motion from a party that acts in bad faith, manipulates e-filing for unfair advantage, or attempts to circumvent deadlines.

(ii) The Court may deny a motion requesting a corrective order to any party who acts in bad faith or otherwise manipulates the e-Filing system to gain unfair advantage or circumvent legal deadlines.

Court-level rulesWARNINGOfficial source

Upon satisfactory proof and good cause, the Court may permit a technically failed submission to be filed nunc pro tunc, but the submitter remains responsible for proper receipt, docketing, and service.

(F) Effect of Technical Error. If a submission is not received by the Clerk due to an error caused by the hardware or software of either the Clerk or the submitting party, upon satisfactory proof and for good cause shown, the Court may enter an order permitting the document to be filed nunc pro tunc to the date the submitter intended the document to be filed. Ultimately, it shall be the submitting party’s responsibility to ensure all documents are properly received, docketed, and served.

Court-level rulesWARNINGOfficial source

Parties may not classify a case as complex when filing, but they may submit a notice early enough for the Court to consider designation within 60 days after the case is filed.

(1) Parties shall not classify cases as “complex litigation” upon filing but may file a notice with the Court if they believe their case should be deemed as such. (2) Any notice of complex litigation must be timely filed to allow sufficient time for consideration so that the Court may designate the case as complex litigation within 60 days of the initial filing of the case.

Court-level rulesWARNINGOfficial source

The Court may, in its discretion, grant an ex parte extension of 30 additional days to file an answer or reply.

Leave of court may be granted ex parte for an additional 30 days for filing of an answer or reply within the discretion of the Court.

Court-level rulesWARNINGOfficial source

The Court must decide whether to grant or deny the Petition within 60 days after receiving all requested information, unless the Petitioner obtains an extension.

Once all information requested has been received, the Court shall decide whether to grant or deny the Petition within 60 days, unless Petitioner requests, and is granted, an extension of time.

Court-level rulesWARNINGOfficial source

Scheduling-order deadlines apply to motions filed on the last possible date, but the motion-response and reply deadlines stated in the standing order control when a motion is filed earlier.

The deadlines set forth in any scheduling order apply to motions which are filed on the last possible date. In the event of earlier filings, the deadlines herein are controlling.

Judge Greg S. StephensWARNING

A proposed order that cannot be easily electronically signed may be rejected and returned for resubmission by the stated deadline.

Entries which cannot be easily electronically signed may be rejected through the e-filing system and returned with a deadline for resubmission.

Judge Greg S. StephensWARNING

The Court may designate a case as complex litigation within 60 days after its initial filing.

(3) The Court may, on its own, designate a case as complex litigation within 60 days of the initial filing of the case.

Court-level rulesINFOOfficial source

Trial-perpetuation depositions may be taken after the discovery cutoff date.

Depositions taken for the purpose of perpetuation of testimony at trial may be taken after the cutoff date.

Judge Greg S. StephensINFO

All parties may change discovery, witness-disclosure, and expert-report exchange deadlines by agreed filing without filing a motion.

If all parties agree, discovery, witness disclosure and expert report exchange deadlines may be changed by agreed entry, without necessity of a motion.

Judge Greg S. StephensINFO

Motion practice is governed by Civil Rule 6(C)(1).

Motions shall be governed by Civil Rule 6(C)(1).

Judge Greg S. StephensINFO
Common questions about Butler County Court of Common Pleas, General Division filing timing and cure windows rules

When is a filing treated as filed in Butler County Court of Common Pleas, General Division?

The rule states a 4:00 p.m. filing cutoff. Pretrial statements must be delivered to the court in chambers by 4:00 p.m. on the indicated date, and the deadline may be extended only with leave of court.

View ruleSource: page 2, section E. PRETRIAL STATEMENTS

When is a filing treated as filed in Butler County Court of Common Pleas, General Division?

The rule addresses filing timing, filing status, or cure windows. Counsel must file all transcripts and video depositions with the Clerk's office before trial.

View ruleSource: page 3, section I. TRIAL