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

CRITICAL

The opposing party has 14 days after service to file a counter motion and/or affidavits.

The opposing party has 14 days from the date of service to file a counter motion and/or affidavits.

CRITICAL

An opposing attorney must file a written objection within 14 days from the date of mailing to prevent presentation of the proposed entry under the stated procedure.

Notice to the opposing counsel that the proposed entry will be presented to the Court for approval after the expiration of fourteen (14) days from the date of mailing unless the other attorney, within the fourteen (14) days, files a written objection stating the grounds with particularity, attaches his/her own proposed entry and sets the matter for hearing.

CRITICAL

The Defendant must file an Answer within 42 days after service or the case may proceed as an uncontested final divorce hearing.

If an Answer is not filed by Defendant within forty-two (42) days from service, this matter may proceed as an uncontested final divorce hearing.

CRITICAL

A parent may not relocate the children out of their current county without first obtaining a modified parenting time order.

Neither parent may relocate the children out of Clinton County (or the County where the children presently reside) without first obtaining a modified parenting time order.

CRITICAL

Opposing counsel must sign and return the document within 10 days of receipt.

Opposing counsel shall sign and return the document within ten (10) days of receipt.

CRITICAL

Counsel must file the dismissal entry after the full releases have been signed and complied with.

Once, the full releases have been signed and complied with, counsel for the parties shall file a Dismissal Entry terminating the cause of action with prejudice.

CRITICAL

Parents in divorce, legal separation, or dissolution actions involving a minor child under 16 must register for a Court-sponsored or Court-approved seminar within 30 days before or after filing the action or service of process.

All parents in divorce, legal separation or dissolution actions in which there are any minor children under sixteen years of age shall register for an educational seminar for separating parents sponsored by the Court (or a like educational seminar approved by the Court) within thirty (30) days before or after the filing of the action or service of process.

CRITICAL

In non-contested divorces and legal separations, the Defendant’s Answer is due within 42 days of service; if no timely Answer is filed, the noticed first pretrial date becomes the final hearing date.

In all non-contested divorces and actions for legal separation, if a timely Answer is not filed by the Defendant (within 42 days from service), the first pretrial date set out in notice served with the Complaint shall become the final hearing date.

CRITICAL

A Confirmation Entry that the purchaser has not approved must not be filed until the thirty-day examination period has expired.

but no Confirmation Entry not approved by the purchaser shall be filed until said period has expired.

CRITICAL

A party must file a motion for contempt or to compel division or exchange of personal property no later than the 30th day after the initial 30-day period expires for the Court to entertain it.

The Court will only entertain these motions if filed by a party on or before the 30th day after the expiration of the 30-day period.

CRITICAL

Submit Guardian Ad Litem reports to the Domestic Relations Assistant's Office, not the Clerk of Courts, at least 14 days before trial.

Guardian Ad Litem reports shall be submitted to the Domestic Relations Assistant's Office (not filed with the Clerk of Courts) at least fourteen (14) days prior to trial.

CRITICAL

If the parents cannot agree, the moving parent must file a motion, set a hearing, and obtain a modified parenting time order before relocating.

If the parents are unable to agree, the moving parent shall PRIOR TO RELOCATION: - 1. File a motion asking the Court to modify the parenting time schedule; - 2. Set a hearing; and - 3. Obtain a modified parenting time order.

CRITICAL

After technical problems cause a missed non-jurisdictional deadline, a party may move to file instanter no later than the next business day after the problems are resolved.

A party who misses a non-jurisdictional deadline because of technical problems with the filer's equipment, software, or internet access may move the Court to file a document instanter no later than the next business day following the resolution of the party's technical problems.

CRITICAL

The Court must assign a case for a scheduling conference within 60 days after the complaint is filed; the conference may be held in person or by telephone.

Within 60 days of the filing of a complaint, the Court shall assign the case for a scheduling conference (first pretrial) which may be conducted in person or by telephone.

CRITICAL

When the Court orders a pretrial statement, each party must file it on or before the designated date.

If so ordered by the Court, each party shall file a pretrial statement on or before the designated date.

CRITICAL

Motions and other written requests must be filed within 14 days after arraignment or plea unless the Court allows otherwise.

Motions and other written requests in criminal cases shall be filed within fourteen (14) days after arraignment or plea unless otherwise allowed by the Court.

CRITICAL

Civil protection order petitions must be filed with the Clerk of Courts between 8:30 a.m. and 3:30 p.m.

Petitions MUST be filed with the Clerk of Courts between the hours of 8:30 a.m. and 3:30 p.m.

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

Papers required to be served after the complaint must be filed within three days after service, except that specified discovery materials are not filed unless ordered or used as evidence or in connection with a motion.

B. In accordance with Ohio Civil Rule 5(D), all papers, after the complaint, required to be served upon a party shall be filed with the Court within three days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the Court or for use as evidence or for consideration of a motion in the proceeding.

CRITICAL

Final decrees, entries, and Magistrate’s Decisions involving children’s issues must be submitted to the Administrative Assistant to the DR Magistrate for compliance review before filing.

All final decrees/entries/Magistrate's Decisions that include children's issues must be submitted to the Administrative Assistant to the DR Magistrate for compliance review prior to filing.

WARNING

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

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

WARNING

If the title examination reveals specified defects or an undisclosed interest, the purchaser may notify the Court by written motion to set aside the sale within the thirty-day period.

Should examination disclose the title so purchased to be unmarketable by reason of any defect in the proceedings or the existence of any interest not previously disclosed, said purchaser may, within the thirty (30) day period, notify the Court thereof by written motion requesting that said sale be set aside.

WARNING

After a timely Rule 52 request, the Judge or Magistrate may direct the requesting party to prepare and file proposed findings within 7 days and serve opposing counsel with a copy.

When a timely written request for findings of fact and conclusions of law is made pursuant to Ohio Civil Rule 52, the Judge or Magistrate may direct the party making the written request to prepare, within seven (7) days, proposed findings of facts and conclusions of law and file them with the Court serving a copy on the opposing counsel.

WARNING

Opposing counsel may submit counter-proposed findings and conclusions within 10 days after receiving the proposed findings.

Within ten (10) days after its receipt by the opposing counsel, opposing counsel may submit to the Court counter proposed findings and conclusions.

WARNING

A purchaser has thirty days from the sale date to obtain an examination of the real estate's title.

Any purchaser at the Court ordered sale shall have thirty (30) days from the date of sale to obtain examination of title to said real estate.

WARNING

Absent unusual circumstances or a contrary court order, a health care expense reimbursement request should be made within 30 days of the date payment is made or due.

Absent unusual circumstances, or court order to the contrary, a request for reimbursement of health care expenses should be made within thirty (30) days of the date when payment is made or due.

WARNING

A motion not timely filed or not disposed of may be heard and decided at trial at the trial judge's discretion.

Motions not filed in such time or not disposed of will be heard and decided at the trial at the discretion of the trial judge.

WARNING

The Court may approve the separate entry up to 60 days after the final decree is filed.

Any such entry may be approved by the Court up to sixty (60) days subsequent to the filing of a final decree.

WARNING

The Court may set a reasonable period for correcting title defects, but that period cannot exceed ninety days.

The Court may, however, fix a reasonable time, not to exceed ninety (90) days, within which such defects may be corrected.

WARNING

Deadline

1 business days

After technical problems cause a missed non-jurisdictional deadline, a party may move to file instanter by the next business day after the problems are resolved.

A party who misses a non-jurisdictional deadline because of technical problems with the filer's equipment, software, or internet access may move the Court to file a document instanter no later than the next business day following the resolution of the party's technical problems.

WARNING

If counsel does not present the dismissal entry within 20 days after informing the Court of settlement, the Judge may dismiss the case for want of prosecution.

If counsel fails to present such an entry to the Judge within twenty (20) days after informing the Court that a case has been settled, the Judge may order the case dismissed as for want of prosecuting.

WARNING

Therefore, _____, requests that if _____ does not file objections or provide this Court with his/her draft Entry within fourteen (14) days of the filing of this Notice, that this Court sign the attached Entry and file with the Court.

Therefore, _____, requests that if _____ does not file objections or provide this Court with his/her draft Entry within fourteen (14) days of the filing of this Notice, that this Court sign the attached Entry and file with the Court.

WARNING

After announcing a decision, the Court may order counsel to prepare the appropriate document and forward it to opposing counsel within 10 days.

After the Court has announced its decision on any matter requiring an entry, order, decision or decree, the Court may order counsel to prepare the appropriate document and forward it to opposing counsel within ten (10) days.