Conneaut 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.

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

CRITICAL

Electronic filing must be completed by 4:00 p.m. to be considered timely filed that day.

All electronic filing of documents must be completed by 4:00 pm to be considered timely filed that day.

CRITICAL

A document tendered without payment, with incomplete payment authorization information, or in nonconformity with applicable rules will not be filed.

Documents tendered to the Clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.

CRITICAL

A filing over 50 pages cannot be submitted by fax and will not be accepted by the court.

Any intended filing which exceeds 50 pages cannot be filed by facsimile transmission and therefore will not be accepted by the Court.

WARNING

The clerk’s office is deemed open for receiving fax filings on the same days and at the same times the court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

WARNING

Documents transmitted outside regular court hours are deemed filed on the clerk’s next normal business day.

Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the clerk.

WARNING

For a fax filing missing the required cover-page information, the clerk may file it or place it in the failed-fax file; in the latter case it is not filed.

4.09. If a document is sent by fax to the Clerk of Court without the cover page information listed above, the clerk may, at his/her discretion: 1) Enter the document in the Case Docket and file the document; or 2) 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.

INFO

The text permits agreed entries to be filed at any time before trial or fourteen days upon agreement by the parties.

Agreed entries may be filed at any time prior to trial or fourteen (14) days upon agreement by the parties.

CRITICAL

Plea agreements must be executed before the jury trial day and will not be accepted on that day unless the jury demand has been withdrawn.

All plea agreements must be executed prior to the jury trial day. No plea agreements will be accepted by the Court on the day of the jury trial, unless jury demand has been withdrawn.

CRITICAL

After transfer to the regular docket, a party may demand a jury trial by serving the other parties and filing the demand with the Clerk within seven days after transfer.

If the case is transferred to the regular docket of the Court, the parties to the action may then demand a trial by jury in any case presenting an issue triable of right by a jury by serving upon the other parties and filing with the Clerk of Court a demand therefore at any time after the transfer of the action to the regular docket but not later than seven days after said action has been transferred.

CRITICAL

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, each missing exhibit must be filed separately within five court days after the faxed document is filed; failure may result in the document or exhibit being stricken.

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. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

CRITICAL

Adverse parties must serve and file opposing briefs and documentation within 14 days after the motion is filed.

Adverse parties shall serve and file opposing briefs and documentation within fourteen (14) days of the filing of the Motion.

CRITICAL

A small claims hearing must be set between 15 and 40 days after the action is filed.

The time set for the hearing shall be not less than fifteen (15) days and not more than forty (40) days after the filing of the action.

CRITICAL

Attorneys must notify the court by 3:00 P.M. on the day before trial of any plea change, or jury costs will be attached to the case.

All attorneys shall notify the court by 3:00 P.M. of the day preceding their trial of any change in plea or jury costs will be attached to their case.

CRITICAL

If the defendant does not respond within 28 days after service is perfected, a motion for default judgment and proposed judgment entry should be filed and submitted with supporting evidence.

Upon perfection of service and the failure of defendant to respond in twenty- eight (28) days, a Motion for Default Judgment and a proposed Judgment Entry should be filed and submitted, respectively, with the appropriate supporting evidence.

CRITICAL

A request or application for a Writ of Restitution must be made no more than 30 days after the Court’s Order for the Court to issue the writ.

In cases where an Order granting the plaintiff the right to request a Writ of Restitution has been issued, no Writ of Restitution will be issued by this Court if the request or application for a Writ of Restitution is made more than thirty (30) days after the date of the Court’s Order.

CRITICAL

Criminal cases are heard only at their regularly scheduled time unless the defendant files a written motion in advance to appear at another time.

All criminal cases shall be heard only at the regularly scheduled date and time. Defendants may appear for hearing or disposition of their case at a time other than the regularly scheduled date and time only upon written motion filed in advance with the Court.

CRITICAL

Reports must follow the Supreme Court’s prescribed form and be submitted no later than the fifteenth day after the reporting period closes.

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

WARNING

If the Court grants an appearing defendant leave to answer, the answer may be filed within seven days of the hearing.

At the hearing, the Court may either issue a default judgment in favor the plaintiff and against the defendant or grant the appearing defendant leave to file an answer to the complaint within seven (7) days of the hearing.

WARNING

Unless the Court orders otherwise, a summary-judgment motion hearing must occur no less than 15 days after service and filing of the motion.

Unless otherwise ordered by the Court, Motions for Summary Judgment shall be heard on briefs and supporting documentation authorized by Civil Rule 56(C) without oral hearing no less than fifteen (15) days after the service and filing of the Motion.

WARNING

A status conference will be scheduled at least 14 days before every jury trial.

A status conference will be scheduled at least fourteen (14) days prior to all jury trials.

WARNING

When a civil defendant has not answered or defended within 90 days after the complaint is filed, the Court will serve the plaintiff with notice that dismissal may follow unless good cause is shown.

In any civil case where a defendant has failed to answer or otherwise defend ninety (90) days after the filing of the complaint, the Court shall cause to be served upon the plaintiff a Notice pursuant to Rule 41 of the Ohio Rules of Civil Procedure that the Court will dismiss the case for want of prosecution unless good cause is shown.

WARNING

If the plaintiff does not seek default judgment or show good cause, the Court shall dismiss the action without prejudice for want of prosecution after six months.

If the plaintiff fails to move the Court for an Order granting judgment by default pursuant to Rule 55(A) or otherwise show good cause why it should not be dismissed, then, in that case, the Court shall dismiss the action without prejudice, for want of prosecution after six (6) months.