Chardon Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when the fax was transmitted.

F. Subject to the provisions of these rules, all documents sent by fax and accepted by the clerk shall be considered filed as of the date and time the clerk time-stamps the document received, rather than as of the date and time of the fax transmission.

CRITICAL

The Clerk may not accept or docket an entry until the appropriate Judge or Magistrate approves it.

No entry shall be accepted or docketed by the Clerk until it is approved by the appropriate Judge or Magistrate.

WARNING

If default judgment is denied, the Court will explain the reason and allow time to resubmit an amended motion.

If the default is denied, the Court will notify the Plaintiff and/or Plaintiff’s counsel as to the reason of the denial and allow a time frame for resubmission of an amended motion for default judgment.

CRITICAL

When a trial brief is required by court order, each party’s counsel must file a copy with the clerk at least seven days before trial.

Where a trial brief is required by order of court, counsel for each party shall file a copy with the clerk at least seven days prior to the commencement of trial.

CRITICAL

At the conclusion of the first-count hearing, the judge or magistrate must file a judgment entry and have a copy served on all parties.

At the conclusion of the hearing on the first count, the judge or magistrate shall file a judgment entry and cause a copy to be served upon all parties.

CRITICAL

Moving parties may file a reply memorandum to the opposing party's memorandum in opposition to the motion. The reply brief must be filed within ten (10) days from the time notice of the opposing party's memorandum in opposition to the motion was received. If no memorandum is filed within this time limit, the motion may be decided forthwith.

Moving parties may file a reply memorandum to the opposing party's memorandum in opposition to the motion. The reply brief must be filed within ten (10) days from the time notice of the opposing party's memorandum in opposition to the motion was received. If no memorandum is filed within this time limit, the motion may be decided forthwith.

CRITICAL

When no other law or rule fixes the deadline, a response must be filed by the 14th day after service of the paper requiring the response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper, shall be filed and served on or before the 14th day after the date of service of the pleading, motion, or other paper, requiring the response.

CRITICAL

A party challenging another party’s identified expert must file a motion in limine before the Final Pretrial Conference.

Prior to the Final Pretrial Conference, a party that wishes to challenge the qualifications of an expert witness identified by another party, must file a Motion in Limine setting forth the facts and law in support of the Motion to disqualify the expert from testifying.

CRITICAL

Unless the Court orders otherwise, a deposition may not be filed before the later of the pretrial-statement filing deadline or seven days before trial.

1. In addition to the requirements of Rule 13 of the Rules of Superintendence for the Courts of Ohio, unless otherwise ordered by the Court, no deposition shall be filed prior to the deadline for filing of any pretrial statement or seven (7) days prior to trial, whichever is later.

CRITICAL

In jury cases, parties seeking specific instructions must file proposed jury instructions with the clerk and serve opposing counsel at least seven days before trial.

In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

CRITICAL

Each party's trial counsel must file a pretrial statement at least seven days before the pretrial conference.

At least seven (7) days prior to the pretrial conference, trial counsel for each of the parties shall file a pretrial statement.

CRITICAL

A reply to the response must be filed by the seventh day after service of the response.

Any reply to said response shall be filed and served on or before the seventh day after the date of service of the response.

CRITICAL

Deadline

3 business days

A jury demand in a forcible entry and detainer action must be filed no later than three business days before trial.

F. Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the trial date.

CRITICAL

Unless the court orders otherwise, a missing exhibit must be filed separately within five days after the fax transmission, or the court may strike the document or exhibit.

1. Unless otherwise directed by court order, the missing exhibit shall be filed as a separate document not later than five days following the transmission of the fax document. Failure to file the same shall result in the court striking the document and/or exhibit in its sole discretion.

CRITICAL

The separate fee application for judicial-release and other post-conviction motions is due within 30 days after the judge’s decision entry.

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

CRITICAL

Every CR. 41(A) dismissal must be presented to the court for termination before it is filed, whether or not the judge has signed it.

All CR. 41(A) dismissals, whether or not signed by the judge, must be presented to the court for termination before filing.

CRITICAL

An opposition memorandum must be filed and served within 14 days after notice of the motion is received.

Be filed and served within fourteen (14) days from the time notice of the motion was received.

CRITICAL

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within thirty (30) days from the date of the final hearing. Fee applications submitted outside the thirty-day (30) guideline shall be subject to a reduction of the amount requested at the discretion of the judge assigned to hear the case.

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within thirty (30) days from the date of the final hearing. Fee applications submitted outside the thirty-day (30) guideline shall be subject to a reduction of the amount requested at the discretion of the judge assigned to hear the case.

CRITICAL

A request made after the status report hearing to hold the pretrial conference by phone must be filed no later than seven days before the scheduled pretrial.

Any request to hold the pretrial conference by phone made after the status report hearing, shall be in writing, shall indicate that the requesting party has contacted opposing parties, and received their consent, and shall be filed no later than seven days before the scheduled pretrial.

CRITICAL

A written application to the assigned judge for permission to record or broadcast must be made as early as reasonably practical and at least one-half hour before the proceeding, unless the judge permits otherwise.

Application for permission to record and/or broadcast proceedings shall be made in writing to the assigned judge as far in advance as reasonably practical, but in no event less than one- half hour prior to the proceeding unless otherwise permitted by the judge.

CRITICAL

For charges not listed in subsection C, counsel choosing this alternative must file the letter or notice of appearance before the date of the initial appearance.

The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant with the exception of charges listed in (C) by filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following: 1. Notice of Appearance; 2. Plea on the defendant’s behalf; 3. Waiver of the time for speedy trial; 4. Request that a pretrial be set.

WARNING

The Court may allow a motion in limine before trial when an expert’s qualifications or expected testimony were inadequately described or in other cases at the Court’s discretion.

In cases where a party has not sufficiently described the qualifications of an expert witness expected to testify at trial, or has not provided an adequate summary of the expert witness' expected testimony, or in other cases at the discretion of the Court, the Court may allow a Motion in Limine to be filed before Trial.

WARNING

A defendant charged with an offense eligible for processing by the Violations Bureau may use the bureau’s listed procedures at any time before arraignment.

At any time prior to arraignment, a defendant charged with an offense that can be processed by the violations bureau may: