Crawford County Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

The Clerk must notify the filer if a fax cannot be filed, and a submitted document is considered filed only after the Clerk stamps it and it is properly docketed.

The Clerk shall notify the attorney or other parties if the transmitted document cannot be filed for any reason. All document submitted will be considered filed only when the date/time has been stamped by the Clerk and the document has been properly docketed.

INFO

A landlord may file a complaint to release all deposited rent at any time after the tenant files a rent escrow application.

A complaint to release the total rent deposited may be filed by the landlord any time after the tenant’s application for rent escrow has been filed.

INFO

Either party may file a motion for partial release of deposited rent at any time while the rent escrow case is pending.

At any time during the pendency of a rent escrow case, either party may file a motion for partial release of rent deposited.

CRITICAL

Deadline

3 business days

Jury demands in forcible entry and detainer actions must be filed no later than three business days before trial.

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 scheduled trial date.

CRITICAL

The settlement judgment entry is due within 14 days after notification, unless the Court orders otherwise.

The Plaintiff must submit a judgment entry detailing the settlement terms within fourteen (14) days of such notification, unless otherwise ordered by the Court.

CRITICAL

Motions, except those normally made at trial, must be made within the time limits prescribed by the Ohio Rules of Criminal Procedure.

All motions, except those normally made at trial, shall be made in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedure.

CRITICAL

An entry for a settlement that avoids trial must be filed within 30 days or the case will be dismissed for want of prosecution.

but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

CRITICAL

A counsel-prepared journal entry must be submitted to opposing counsel within 14 days of the decision.

If counsel- prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the decision.

CRITICAL

Special-proceeding hearings must be set within applicable Ohio Revised Code time limits or, in other cases, within a reasonable time not exceeding 90 days.

Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

CRITICAL

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.

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

The written notification of an employment or residence change is due within ten days.

The debtor/applicant shall provide this Court and the Trustee with written notification of any changes in employment or place of residence within ten (10) days.

CRITICAL

A defendant must reduce their affidavit to an answer or move as if served with the complaint within 14 days of their filing.

If a Defendant, the same reduce his/her affidavit to an answer or move as though served with complaint within fourteen [14] days of the date of his/her filing.

CRITICAL

A later jury-trial waiver must be made at least eight days before trial.

Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.

CRITICAL

Opposing counsel must approve or reject the entry within 7 days; otherwise, it must be sent to the Court marked “unapproved.”

Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the Court marked “unapproved”.

CRITICAL

After a party files objections, any other party has ten days to file objections.

Thereafter, any other party shall have a period of ten days to file objections.

CRITICAL

The opposing party must move or plead by the fourteenth day after the pleading or amended pleading is filed, unless the Court orders otherwise.

The opposing party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.

CRITICAL

Settlement or voluntary-dismissal notice must be given before the day of trial or the next scheduled hearing.

Such notification must occur before the day of trial or next scheduled hearing.

CRITICAL

After dismissal for nonpayment, a new trusteeship may not be filed for six months unless the debtor/applicant obtains relief by motion supported by affidavit showing the failure was not willful neglect.

If a trusteeship is dismissed for nonpayment, the trusteeship shall not be reinstated, and the debtor/applicant shall not be permitted to file for a new trusteeship for a period of six (6) months from date of the dismissal of the trusteeship, unless, upon motion supported by affidavit, the debtor/applicant proves to the satisfaction of this Court that the failure to maintain the trusteeship was not due to willful neglect.

CRITICAL

If a case not set for trial has had no action for six months, the clerk must notify the party that it will be dismissed within 30 days unless good cause is shown.

If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within thirty (30) days unless good cause is shown.

CRITICAL

The journal entry must be submitted to the Judge for signature within 21 days of the decision.

Within twenty-one (21) days of the decision, the journal entry shall be submitted to the Judge for signature.

CRITICAL

Deadline

3 working days

The debtor/applicant must make each trusteeship payment within three working days after receiving pay from the employer.

Payments are to be made into the trusteeship within three (3) working days of the date the debtor/applicant received his/her pay from his/her employer.

CRITICAL

After a Small Claims Court case is transferred to the regular docket, defendants must file an answer within fourteen days of the transfer entry.

Where a case is transferred from Small Claims Court to the regular docket of the Court pursuant to Section 1925.10, Ohio Revised Code, the answer of the defendant or defendants shall be filed within fourteen (14) days of the date of the entry ordering such transfer.

CRITICAL

Deadline

24 hours

Proposed jury instructions must be submitted at least 24 hours before trial begins.

Such proposed jury instructions shall not be submitted less than twenty-four (24) hours prior to the beginning of said trial.

CRITICAL

If service fails, the clerk must notify counsel immediately; counsel must obtain service within six months after filing or the case may be dismissed after 30 days’ notice unless good cause is shown.

In then event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six [6] months from the date the cause of action has been filed, then the Clerk shall notify counsel that the counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.

CRITICAL

Deadline

5 court days

In actions other than jury trials, a party seeking a Court Reporter must file a written request at least five court days before trial; provision of a reporter is permissive.

In other actions, a Court Reporter may be supplied upon written request of either party or his/her counsel, provided such request is filed in writing at least five (5) court days prior to trial.

CRITICAL

After failure to obtain service of summons within 6 months in a new case, the Clerk must give counsel 30 days’ notice before dismissal, unless good cause is shown.

In all new cases, if counsel fails to obtain serve of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.

CRITICAL

If a settlement entry marked “to come” is not received within 30 days, the clerk must notify the party that the case will be dismissed unless the entry is received within the next 30 days.

When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his/her case will be dismissed unless the entry is received within thirty (30) days.

CRITICAL

A motion filed outside the Ohio Rules of Criminal Procedure time limits requires prior leave of court.

Motions made outside the time limits prescribed in the Ohio Rules of Criminal Procedure shall not be filed without first obtaining leave to file from the Court.

CRITICAL

Witness praecipes must be filed at least five days before trial unless the case is set for trial less than five days in advance.

All praecipes for witnesses shall, unless the case is set for trial less than five (5) days in advance, be filed not less than five (5) days prior to trial date.

CRITICAL

A party may file written objections to a magistrate’s decision within fourteen days after the decision is filed.

Any party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision.

CRITICAL

If a settlement entry is not received within 30 days after a file is marked “Settlement to Come,” the Clerk must notify the party that the case will be dismissed unless the entry is received within a further 30 days.

When a file has been marked “Settlement to Come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his/her case will be dismissed unless the entry is received within thirty (30) days.

CRITICAL

A secured creditor must answer the notice within ten days of receiving it; otherwise, the Court treats the creditor as having elected to participate and bars assertion of its lien while the debtor/applicant maintains the trusteeship agreement.

Failure of a secured creditor to answer such notice as provided in ORC §2329.70 within ten (10) days after receiving notice, shall be held by this Court as an election to participate in the trusteeship, and such creditor shall be estopped to assert its lien for so long as the debtor/applicant maintains his/her trusteeship agreement, as provided by ORC §2329.70.

CRITICAL

A criminal jury demand must be filed by the later of at least 10 days before trial or the third day after receiving notice of the trial date.

In criminal cases the demand for jury trial must be filed within the time limits set forth in Ohio Criminal Rule 23(A), that is not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later.

WARNING

The Court will freely grant the leave to file if the motion is filed and appropriate time is available to hear the subsequent pretrial motion.

The Court will freely grant the leave to file if the motion is filed and appropriate time is available to hear the subsequent pretrial motion.

WARNING

A trial must be scheduled within 60 days.

A trial shall be scheduled within sixty (60) days.

WARNING

Immediately after a responsive pleading is filed, the Clerk must forward it and the file to the Judge for hearing scheduling.

After any responsive pleading is filed, the Clerk shall immediately forward said pleading and file to the Judge so that the matter may be set for a hearing.

WARNING

When findings of fact and conclusions of law are requested, the objections period begins when the magistrate files a decision that includes them.

If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision including findings of fact and conclusions of law.

INFO

Settlement entries may be filed at any time.

Entries of settlement may be filed at any time.

INFO

A case may be settled to avoid trial without filing an entry at that point.

The avoidance of trial by settlement shall be allowed without the filing of an entry