Celina Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

To seek relation back for a corrective filing rejected because of technical errors, the filer must move for that relief.

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.

CRITICAL

An electronically transmitted document is considered filed on the date the clerk file-stamps it received, not on the date and time it was transmitted.

Subject to the provisions of these rules, all documents sent electronically and received by the clerk shall be considered filed with the Clerk of Courts as of the date the clerk file-stamps the document received, as opposed to the date and time of the transmission.

CRITICAL

Documents tendered without required court costs and fees or that do not conform to applicable rules will not be filed.

Documents tendered to the clerk without payment of court cost and fees or which do not conform to applicable rules will not be filed.

CRITICAL

The clerk must reject an electronically filed document submitted without a complete Document Description Form and notify the filer by email.

31.08 In the event a document is electronically filed without or with an incomplete Document Description Form, the clerk shall reject said document and the clerk shall notify the filer via electronic mail of said rejection.

CRITICAL

The e-filing service is available continuously, but filings must be completed during regular court hours to be timely that day; filings transmitted outside those hours are deemed filed the next normal business day.

31.04 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 regular court hours to be considered timely filed that day. Any documents transmitted outside of regular court hours shall be deemed filed on the next normal business day.

WARNING

The filer will be notified by email if a filing is rejected for any reason.

Filers will be notified via electronic mail if the filing is rejected for any reason.

WARNING

If an electronically sent document lacks the required cover-page information, the clerk may file it or place it among failed faxed documents, in which case it is not considered filed.

If a document is sent electronically to the Clerk of Court without the cover page information listed above, the clerk may, at its discretion: (A) enter the document in the case docket and file the document; or (B) 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 Courts.

WARNING

A filer may submit a corrective filing later, but it is a new filing and does not relate back to the original attempted filing.

A corrective filing may be sent at a later time if the filer elects to do so, but such 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.

CRITICAL

The reports must be submitted no later than the fifteenth day after the reporting period closes.

The reports shall be as perceived the by the Supreme Court and submitted no later than the fifteenth day after the close of the reporting period.

CRITICAL

The reimbursement request is due to the Court within 30 days after the case is disposed of or terminated.

the request is due to the Court within thirty (30) days after the case is disposed of or terminated.

CRITICAL

A party has 14 days after counsel becomes unable to represent the party or formally withdraws to secure new counsel.

20.17 If counsel shall become unable to represent a party or formally withdraw from a case, the party shall have fourteen (14) days to secure new counsel.

CRITICAL

Reimbursement requests to the Ohio Public Defender are due within 90 days after the end of the month in which the case is disposed of or terminated.

all requests for reimbursement are due to the Office of the Ohio Public Defender within ninety (90) days after the end of the month in which the case was finally disposed of or terminated.

CRITICAL

The opposing party must file a response within 21 days after service of the summary-judgment order.

The opposing party shall have twenty-one (21) days from the date of service of the order to file a response.

CRITICAL

Pre-trial statements and copies must be submitted or served at least seven days before final pre-trial unless the Court directs otherwise.

All pre-trial statements shall not be filed with the clerk but shall be directly submitted to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pre-trial unless the Court otherwise directs.

CRITICAL

The jury-demand deposit must be made 30 days before the scheduled jury trial.

Said deposit is to be made thirty (30) days prior to the date scheduled for the jury trial.

CRITICAL

At least 28 days must have passed since service before a default judgment may be granted.

Upon the filing of a motion for default judgment, a judgment will be granted at that time if the following requirements are met: 28 days have passed since service; the court has a military affidavit on file in the case for the defendant(s); no answer has been filed or appearance made by the defendant(s); and a proposed judgment entry has been submitted to the Court for its approval.

CRITICAL

A party requesting separate findings of fact and conclusions of law under Civil Rule 52 must submit proposed findings to the Court and serve them on opposing parties or counsel within seven days after receiving notice of the decision.

20.11 When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule 52, the party requesting such statement shall, within seven (7) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof on all opposing parties or their counsel.

CRITICAL

A party opposing an other motion must file a written response within 14 days after service of the motion.

Any party opposing the motion shall file a written response within fourteen (14) days of service of the motion.

CRITICAL

Oral argument is waived unless a written request is received at least 7 days before the scheduled hearing.

Oral arguments shall be considered waived and the motion(s) submitted, unless written request for oral arguments is received not later than seven (7) days prior to the scheduled hearing.

CRITICAL

If the Court does not receive the entry within twenty-one (21) days of rendering its decision, the Court may give notice of a Hearing on Entry, and counsel of record shall appear and show cause why they have failed to submit the entry.

If the Court does not receive the entry within twenty-one (21) days of rendering its decision, the Court may give notice of a Hearing on Entry, and counsel of record shall appear and show cause why they have failed to submit the entry.

CRITICAL

Counsel requested to prepare a judgment entry in a contested matter has fourteen days after the Court’s decision to submit it to opposing counsel for approval.

After the Court renders a decision in a contested matter and requests counsel to prepare a judgment entry, counsel requested to prepare the entry shall have fourteen (14) days to submit the entry to opposing counsel for approval.

CRITICAL

A jury demand must be waived in writing at least seven days before trial to avoid liability for jury fees and expenses; a later waiver requires payment of incurred fees and expenses.

After a jury has been demanded, unless the jury is waived in writing not less than seven (7) days prior to the date set for trial, the party who requested that jury, and thereafter within such seven (7) days prior, waives same, shall pay all jury fees and expenses incurred as a result of such demand.

CRITICAL

For computing time, 90 calendar days after judgment is considered after term.

There shall be no term of Court, but in accordance with ORC Section #1901.29, for the purpose of computing time, 90 calendar days following judgment shall be considered after term.

CRITICAL

Debtor’s counsel must immediately file the required notice and attachments when a bankruptcy proceeding stays the Court’s proceedings.

If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this court’s proceedings, counsel for the debtor shall immediately file with the Court a notice of same with an attached, file stamped copy of the petition and entry staying proceedings as provided by the provisions of 11 U.S.C. 362.

CRITICAL

Deadline

10 working days

Subpoena-service praecipes must be filed at least 10 working days before the required appearance, unless the filer could not timely learn the person’s name or location and that information could not reasonably have been obtained; the stated failure of service is not grounds for a continuance when the rule is not followed.

Praecipes for the service of subpoenas shall be filed at least TEN (10) working days before the subpoenaed party is required to appear. If this rule is not complied with, the failure of the subpoenaed party to appear because of failure of service shall not constitute grounds for a continuance. This rule applies unless it can be shown that the person filing the praecipe was unaware of the name or location of the persons sought to be subpoenaed in sufficient time to comply and that such information could not reasonably have been obtained in time.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, the missing exhibit must be filed as a separate document within five court days after the facsimile document is filed.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.

CRITICAL

An application to return forfeited property must be submitted no later than 30 days after the case’s final disposition.

All applications for return of property subject to forfeiture shall be in writing, signed by the owner, and submitted no later than 30 days after final disposition of the case.

CRITICAL

Deadline

3 business days

Counsel requested to prepare an entry must submit it to the Court within three business days.

If counsel is requested to prepare an entry, counsel shall submit it to the Court within three (3) business days.

CRITICAL

Opposing counsel must submit and serve their proposed findings and conclusions within seven days after receiving the requesting party’s proposal.

Within seven (7) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing counsel shall submit and similarly serve their proposals.

CRITICAL

Court actions must be reported to the BMV within 7 days.

Reporting of court actions to the BMV shall be done within 7 days as prescribed by law.

CRITICAL

Each prospective juror must complete and return a juror questionnaire within seven days after receiving notice.

Each prospective juror shall be required to complete and return a juror questionnaire within seven days of the receipt of said notice.

CRITICAL

The Affidavit of Publication must be filed with the clerk and bailiff before the judicial sale.

Counsel for the party requesting any judicial sale shall prepare any newspaper publication required, cause the same to be published at the party’s expense and file an Affidavit of Publication with the clerk and bailiff prior to sale.

CRITICAL

Opposing counsel has seven days to approve and deliver the judgment entry to the Court or submit it with an alternate proposed entry.

Opposing counsel shall have seven (7) days to approve and deliver the entry to the Court or submit it, along with an alternate proposed entry to the Court.

CRITICAL

Within twenty-one days before trial, final pre-trial, or an evidentiary hearing, counsel may not withdraw without the Court’s written approval.

20.16 The Court will not permit counsel to withdraw from any action at any time within twenty-one (21) days in advance of trial, final pre-trial or evidentiary hearing without written approval of the Court.

CRITICAL

When an out-of-county incarcerated defendant is to be present at a hearing, defense counsel must file a motion requesting conveyance at least ten days beforehand.

If the attorney for the defendant wants the defendant present for a hearing and the defendant is incarcerated out of county, it is the responsibility of defense counsel to file, at least ten (10) days prior to the hearing, a motion requesting the defendant be conveyed to Mercer County for the hearing.

WARNING

If the Court does not receive a case-terminating entry within 28 days after receiving notice of settlement, it will assign an enforcement hearing; counsel of record and parties or persons with settlement authority must attend unless a termination entry is received before the hearing.

If the Court does not receive an entry terminating the case within twenty-eight (28) days after receipt of notification of settlement, the Court will assign the matter for Hearing on Enforcement of Settlement at which time all counsel of record and parties or persons with settlement authority shall be present unless a termination entry is received prior to said hearing.