Clinton County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court's Official Court Record when they are entered by the Clerk in the Court's e-File system.

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court's Official Court Record when they are entered by the Clerk in the Court's e-File system.

CRITICAL

A document is considered filed on its submission date and receives an electronic stamp showing its submission date and time.

Documents shall be considered filed upon date of submission and shall receive an electronic stamp that includes the date and time the filer submitted the document to the Court's e-File system.

CRITICAL

The QDRO must be prepared and submitted with the final decree or as soon as possible afterward.

The QDRO shall be prepared and submitted to the Court with the final decree, or as soon as possible thereafter.

CRITICAL

A document rejected for procedural, technical, or clerical deficiencies is not considered filed until those deficiencies are corrected.

"Rejected Document" refers to a document containing deficiencies such as errors or omissions of a party failing to comply with the procedural aspects of these Local Rules, technical requirements of the e-Filing Portal, or clerical errors while submitting a document for filing. Such document will not be considered filed until deficiencies have been corrected.

CRITICAL

A document is filed when it is accepted into the case record.

"Filed" means the acceptance of a document into the record of a case.

CRITICAL

Documents are considered filed on submission, with an electronic stamp showing the submission date and time and a confirmation sent to the filer.

Documents shall be considered filed upon date of submission and shall receive an electronic stamp that includes the date and time the filer submitted the document to the Court's e-File system. The filer shall receive a confirmation after submission.

CRITICAL

Documents submitted by licensed attorneys are not considered filed until submitted through the Portal.

No such documents shall be considered filed until they are submitted through the e-Filing Portal.

CRITICAL

A document with procedural, portal, or clerical deficiencies is not considered filed until those deficiencies are corrected.

"Rejected Document" refers to a document containing deficiencies such as errors or omissions of a party failing to comply with the procedural aspects of these Local Rules, technical requirements of the e-Filing Portal, or clerical errors while submitting a document for filing. Such document will not be considered filed until deficiencies have been corrected.

CRITICAL

A rejected document is considered filed when resubmitted if its deficiencies are corrected in a timely manner.

A rejected document will be considered filed upon resubmission, provided any deficiencies are corrected in a timely manner.

CRITICAL

A rejected document must be resubmitted to correct its deficiencies within 48 business hours; otherwise, it will be rejected, and the filer is responsible for timeliness.

If the document is rejected, the document shall not become part of the Court record and the submitter shall be required to re-submit the document to meet the requirements within 48 business hours. If not submitted within 48 hours, the document will be rejected. The burden for timeliness falls on the filing party.

CRITICAL

Once the Clerk accepts a document, it is deemed filed for purposes of Ohio law and the relevant rules of court procedure.

Once accepted by the Clerk the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.

CRITICAL

Technical failures cannot extend jurisdictional deadlines, including statutes of limitation and appeal deadlines.

Technical failures, whether the fault of the E-Filing Portal or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitation or deadlines for appeal).

CRITICAL

A rejected document is considered filed when resubmitted if its deficiencies are corrected timely.

A rejected document will be considered filed upon resubmission, provided any deficiencies are corrected in a timely manner.

CRITICAL

Attorneys may not withdraw before completing any assigned entries.

Attorneys may not withdraw prior to completion of any assigned entries.

CRITICAL

A. Where there are counsel of record other than the plaintiff, the confirmation of sale of real estate shall be endorsed by all such counsel who have appeared of record, in the event it is not so endorsed, counsel for Plaintiff shall file a Motion and Entry for Confirmation of Sale which shall be held for fourteen days before being submitted to the Court for ruling.

A. Where there are counsel of record other than the plaintiff, the confirmation of sale of real estate shall be endorsed by all such counsel who have appeared of record, in the event it is not so endorsed, counsel for Plaintiff shall file a Motion and Entry for Confirmation of Sale which shall be held for fourteen days before being submitted to the Court for ruling.

CRITICAL

The case-management schedule sets milestones from the month the case is filed: the torts and product-liability schedule has a 24-month maximum, while the general, civil, workers' compensation, and foreclosure schedule has a 12-month maximum; complex, administrative-appeal, and criminal litigation are excluded.

## C. CASE MANAGEMENT GUIDELINES ## TYPE OF CASE:* TORTS & PRODUCT LIABILITY (24 Months Maximum) GENERAL, CIVIL, WORKERS COMP & FORECLOSURE (12 Months Maximum) ## EVENT: | CASE FILED | 0 MO.** | 0 MO. | | --- | --- | --- | | SCHEDULING CONFERENCE | 2 MO. | 2 MO. | | MOTIONS TO JOIN NEW PARTIES: | 4 MO. | 3 MO. | | PLAINTIFF DISCLOSES EXPERTS | 7 MO. | 3 MO. | | DEFENDANT DISCLOSES EXPERTS | 10 MO. | 5 MO. | | DISCOVERY CUTOFF | 12 MO. | 7 MO. | | DISPOSITIVE MOTION CUTOFF | 13 MO. | 8 MO. | | FORMAL PRETRIAL CONFERENCE | 2 WEEKS BEFORE TRIAL | 2 WEEKS BEFORE TRIAL | | TRIAL: | 15 MO. | 10-12 MO. | *DOES NOT INCLUDE COMPLEX, ADMINISTRATIVE APPEAL OR CRIMINAL LITIGATION. **ALL TIMES MEASURED IN MONTHS FROM MONTH IN WHICH CASE IS FILED.

CRITICAL

A rejected document must be corrected and resubmitted within 48 business hours; otherwise, it will be rejected, and the filer bears responsibility for timeliness.

If the document is rejected, the document shall not become part of the Court record and the submitter shall be required to re-submit the document to meet the requirements within 48 business hours. If not submitted within 48 hours, the document will be rejected. The burden for timeliness falls on the filing party.

CRITICAL

For purposes of Ohio law and relevant court-procedure rules, a document is deemed filed once accepted by the Clerk.

Once accepted by the Clerk the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.

CRITICAL

Documents submitted outside the e-Filing Portal are not considered filed until submitted through the portal.

No such documents shall be considered filed until they are submitted through the e-Filing Portal.

CRITICAL

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court's Official Court Record when they are entered by the Clerk in the Court's E-File system.

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court's Official Court Record when they are entered by the Clerk in the Court's E-File system.

CRITICAL

A Friday petition for a Domestic Violence Civil Protection Order must be filed with the Clerk of Courts by noon and will be heard that day.

Any Petition for a Domestic Violence Civil Protection Order filed on a Friday MUST be filed with the Clerk of Courts by noon and will be heard that day.

WARNING

A petition filed after 2:00 p.m. will not be heard until the next day.

Any Petition filed after 2:00 p.m. shall not be heard until the next day.

WARNING

For a submission lost because of hardware or software error, the Court may allow filing nunc pro tunc to the intended filing date upon satisfactory proof and good cause.

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.

WARNING

For a hardware or software error that prevents receipt, the Court may allow filing nunc pro tunc to the intended filing date upon satisfactory proof and good cause.

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.

WARNING

Absent extraordinary circumstances, the Court will not permit an attorney to withdraw less than 30 days before a scheduled final hearing.

In the absence of extraordinary circumstances, the Court will not grant an attorney permission to withdraw less than thirty (30) days prior to a scheduled final hearing.

WARNING

Check local court rules to determine when the parenting proceeding affidavit must be filed.

Instructions: Check local court rules to determine when this form must be filed.

WARNING

A temporary child support order is effective on its stated date or, if it states no date, on the date it is filed.

Temporary child support orders shall be effective on the date stated or, if none, on the date the order is filed.

INFO

The assigned judge or magistrate may grant or deny the motion in their discretion.

The judge or magistrate assigned to the case may grant or deny such motion in his or her discretion.

CRITICAL

The Court shall dismiss on its own motion a filing that does not conform to applicable requirements or pass compliance review within 45 days of the initial filing.

Further, if the filing fails to conform to the requirements of Local Rules, State Law or the Ohio Rules of Civil Procedure or fails to pass compliance standards within forty-five (45) days from the initial filing, the Court shall dismiss the filing on its own motion.

CRITICAL

A client who has not signed the entry must request a hearing within seven days after the motion is served to prevent the Court from signing the entry without a hearing.

If the client has not signed the entry, the motion shall also state that the Court may sign the entry unless the client requests a hearing within seven (7) days after the motion is served.

CRITICAL

Unless otherwise ordered, the evaluator must provide the report to the Court at least 7 days before the hearing.

The psychologist or psychiatrist will provide the Court with the original written report and recommendations (including case name and number and date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.

CRITICAL

A motion to dissolve an ex parte temporary restraining order under this rule must be heard within 14 days after it is filed.

Any motion to dissolve an ex parte temporary restraining order granted pursuant to this Local Rule shall be heard within fourteen (14) days of the date the motion to dissolve is filed.

CRITICAL

A Preliminary Certificate may be prepared by an attorney or title company and must be completed no more than 30 days before the complaint is filed.

Said certificate may be prepared by an attorney or title company, and shall be completed not more than thirty (30) days prior to the filing of the complaint.

CRITICAL

If the agreement is read into the record, the endorsed agreed entry must be presented within 30 days of the hearing.

If the matter is read into the record, counsel shall present an agreed entry endorsed by both counsel, or parties if not represented, within thirty (30) days of the hearing.

CRITICAL

If either party is no longer satisfied with the agreement read into the record, a new motion may be filed only after the original agreement has been properly journalized.

If the original agreement of the parties that was read into the record is no longer satisfactory to either party, a new motion must be filed with the Court AFTER the original agreement has been properly journalized with the Court.

CRITICAL

The listed requirements must be met by the default hearing or the due date for a response to the summary-judgment motion; otherwise, the case will be dismissed without prejudice at the client's cost.

I understand that if the above requirements are not met as of the date of the default hearing or date a response to the motion for summary judgment is due, my case will be dismissed without prejudice at my client's cost.

CRITICAL

3) Termination Entry. Upon being advised that the parties have reached a resolution in mediation, the mediator's administrative assistant shall cause a Rule 41(a) Dismissal Entry to be filed with the Clerk dismissing the action without prejudice.

3) Termination Entry. Upon being advised that the parties have reached a resolution in mediation, the mediator's administrative assistant shall cause a Rule 41(a) Dismissal Entry to be filed with the Clerk dismissing the action without prejudice.

CRITICAL

The affidavit must be filed with each party’s first pleading in the parenting proceeding.

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

CRITICAL

The Preliminary Certificate of Title must be filed and completed no more than 30 days before the Complaint is filed.

4.0) A Preliminary Certificate of Title as required by Local Rule 20 was filed and completed not more than thirty (30) days prior of the filing of the Complaint.

CRITICAL

Counsel for the party requesting the sale must file the certificate of service with the Clerk of Courts at least seven days before the scheduled sale.

Not less than seven (7) days prior to the scheduled sale date, counsel for the party requesting the sale shall file with the Clerk of Courts a Certificate of Service of Notice of Sale Date certifying compliance with local Rule 21 (A)

CRITICAL

In the covered administrative-agency appeals, the appellant must file assignments of error and a brief within twenty days after the proceeding record is filed with the Clerk.

- 1. Within twenty (20) days after the filing of the record of proceeding with the Clerk of the Common Pleas Court, the appellant shall file his assignments of error and brief.

CRITICAL

A responsive motion must be filed at least seven days before the scheduled hearing.

Any responsive motion shall be filed at least seven (7) days prior to the scheduled hearing.

CRITICAL

A person seeking to appeal a magistrate’s order must file a motion to set it aside no later than 10 days after entry of the order.

Pursuant to Civ.R. 53(C)(3)(b), any person may appeal to the court from any order of a magistrate entered under Civ.R. 53(C)(3)(a) by filing a motion to set the order aside stating the party's objections with particularity no later than ten (10) days after the magistrate's order is entered.

CRITICAL

A motion to produce requesting other business-interest documents must be made at least 28 days before the discovery cutoff date.

any other documents requested by the other party by motion to produce at least 28 days prior to discovery cutoff date.

CRITICAL

The document must be submitted to the Court within 30 days after the Court announces its decision.

The document shall be submitted to the Court within thirty (30) days after the Court announces its decision.

CRITICAL

Ex parte orders may be issued only at the time of or before service of the initial filings.

Ex parte orders shall only be issued at the time of, or prior to service of, the initial filings.

CRITICAL

Unless the judge or magistrate directs otherwise, counsel for the prevailing party must prepare the entry within 14 days, and opposing counsel must approve or reject it within 3 days of receipt.

Unless the Judge or Magistrate otherwise directs, counsel for the party in whose favor an order, decree, judgment or decision is rendered, shall within fourteen (14) days thereafter prepare the proper entry and/or decision and submit it to opposing counsel who shall approve or reject it within three (3) days after its receipt and who may file objections with the Court.

CRITICAL

The Notice of Intent to Relocate must be filed at least 30 days before the intended relocation.

The residential parent shall file a Notice of Intent to Relocate if the parent intends to move to a residence other than the residence specified in the parenting time order. The Notice shall be filed with the Juvenile Court at least thirty (30) days before the intended relocation. The address of the Juvenile Court is: Clinton County Common Pleas Court, Juvenile Division, Clinton County Courthouse, Wilmington, Ohio 45177.

CRITICAL

The first pretrial hearing must be scheduled when the Complaint is filed, for a date at least 60 days after the Complaint is filed.

The first pretrial hearing shall be set at the time the Complaint is filed. The date shall be at least 60 days after the filing of the Complaint.

CRITICAL

The appellant may file a reply brief within 10 days after the appellee's brief is filed.

Within ten (10) days after filing of the appellee's brief, the appellant may file a reply brief.