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

CRITICAL

If an electronically delivered document lacks required cover-page information or otherwise violates the Local Rules, the Clerk may file it or place it in the failed-documents file, in which case it is not considered filed.

2. If a document is delivered by electronic method to the Clerk of Court without the cover page information listed above, or if the document does not otherwise comply with any provisions of the Local Rules, the Clerk may, at its discretion: a. enter the document in the Case Docket and file the document; or b. deposit the document in a file of failed electronic 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.

CRITICAL

An electronically delivered document is filed when the Clerk time-stamps its receipt, not when it is electronically delivered; electronic delivery is accepted during the Clerk’s regular business days and hours.

Subject to the provisions of these rules, all documents delivered by electronic method 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 electronic delivery. The office of the Clerk of Court will be deemed open to receive electronic delivery of documents on the same days and at the same time the court is regularly open for business.

WARNING

Zoom appearance requests may require substantial advance notice, with prisons generally requiring two or three weeks.

Please note, many places need considerable notice (a week or more) for such requests, and prisons generally require such request two or three weeks in advance.

WARNING

A post-conviction motion hearing is scheduled only by court order and is usually scheduled within 60 days after the motion is filed unless otherwise ordered.

B. Post-Conviction Motions. Upon the filing of any post-conviction motion, only upon Order of the Court will the matter be scheduled for hearing. Unless otherwise Ordered, scheduling will usually be held within sixty (60) days after any motion is filed.

WARNING

The Clerk need not notify senders of failed electronic delivery, so senders are expected to check delivery; the Clerk will endeavor to report failed filings only.

As with current methods of paper delivery, the Clerk of Court is not legally required to send any form of notice to the sending party of a failed electronic delivery. Parties are expected to check on the efficacy of electronic delivery. The Clerk of Court shall endeavor to inform the sending party only of a failed filing.

WARNING

After accepting and docketing an electronically delivered document, the Clerk must notify the sender by the same electronic method, and the sender must retrieve the filed document from the docket.

Once an electronically delivered document is accepted by the Clerk and filed on the Case Docket, the Clerk of Courts shall send a notice (eg. bottom of the cover page) to the sending party by the same electronic method as received (eg. fax or email) that the document was accepted and filed. The Clerk of Courts shall not be responsible for return of the filed document; instead, the sending party may retrieve the document by searching the docket and retrieving the document (eg. download the document to your desk top).

CRITICAL

Objections to specified discovery motions, applications, interrogatories, or requests must be filed within ten days after service and accompanied by a memorandum or brief.

Objections to any discovery motion, application, interrogatories, or request under Rules 26 through 37 of the Civil Rules shall be filed within ten (10) days after service of the formal motion, application, interrogatories, or request, and shall be accompanied by a memorandum or brief.

CRITICAL

Counsel must present the agreement within 14 days after the Court is advised of it or the scheduled hearing date, whichever occurs earlier.

Counsel shall present agreements to the Court within 14 days after the Court is advised of the agreement or within 14 days after the date of the scheduled hearing, whichever is earlier.

CRITICAL

A Guardian ad Litem report must be submitted to the Court at least seven days before the hearing unless the Court permits another date; submission is deemed filing the report.

The report of the Guardian ad Litem shall be submitted to the Court at least seven (7) days in advance of hearing, unless another date is permitted by the Court on a case by case basis. Submission to the Court shall be deemed as “filing” the report as required by Supt. Rule 48(F)(2).

CRITICAL

The objection memorandum must be filed within 14 days after the Magistrate’s Decision is filed.

In cases where one or both parties objects to the Magistrate's Decision, a memorandum consisting of the reasons for the objections must be filed within fourteen (14) days after the filing of such decision.

CRITICAL

If the Defendant seeks discovery, the request must be filed within 7 days after arraignment.

If discovery is desired, the Defendant shall file a request for discovery within 7 days after the date of arraignment.

CRITICAL

Criminal Rule 12 motions, including suppression and intervention-in-lieu-of-conviction motions, must be filed before the final Pretrial Conference or 10 days before trial, whichever occurs first.

Motions pursuant to Criminal Rule 12, including motions to suppress and motions for intervention in lieu of conviction, shall be filed before the final Pretrial Conference or ten (10) days before trial, whichever is earlier.

CRITICAL

The witness and exhibit lists must be filed within 14 days before trial.

Within fourteen (14) days prior to any trial, both parties shall file a list of witnesses which they intend to call and a list of exhibits which they intend to introduce.

CRITICAL

Proposed jury instructions must be filed within 10 days before trial.

Within ten (10) days prior to any trial, both parties shall file proposed jury instructions with citation to the Ohio Jury Instructions or other resource.

CRITICAL

Deadline

7 business days

Counsel must submit a requested entry within seven business days unless the Court orders otherwise.

If counsel is requested to prepare an entry, counsel shall submit it to the Court within seven (7) business days after the request unless otherwise Ordered.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the electronic 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 electronically delivered document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.

WARNING

A party generally must file a counter-memorandum or other response within ten (10) days after receiving a motion, or the court will treat the motion as submitted and rule on it; exceptions apply.

If any party fails to file a counter-memorandum or other response within ten (10) days after the receipt of any motion except summary judgment (unless another specific time has been established by the Court), the motion will be treated as having been submitted and the Court will rule upon the same. This rule shall not apply to a motion for temporary injunction, a motion to modify a decree, a motion for a new trial, unless otherwise ordered, or to any motion otherwise assigned for a hearing by the Court.

WARNING

Unless the Court orders otherwise, counsel for the prevailing party must prepare the journal entry and submit it to opposing counsel for endorsement within seven days after the decree, judgment, or order.

Unless otherwise ordered by the Court, counsel for the party in whose favor a decree, judgment, or order is rendered, including orders and rulings pertaining to any part of a motion shall, within seven (7) days thereafter, prepare the proper journal entry and submit it to counsel for the adverse party for endorsement.

WARNING

Counsel receiving a proposed journal entry must approve or reject it within seven days; if counsel cannot agree, the judge will direct the entry or may prepare and file it.

Counsel to whom the entry is submitted shall approve or reject the same within seven (7) days after receipt thereof, and if counsel are unable to agree upon an entry, the judge making the decision or order shall direct what entry shall be made, or the Judge may prepare and file it himself.

WARNING

The party who initiated discovery may respond to objections within ten days after service, and the matter is automatically submitted when that response is filed or the ten-day period ends.

The party initiating discovery to which objections are filed may file an answer, memorandum, or brief within ten (10) days after service of the objections. Upon the filing of such answer, memorandum, or brief, or at the end of the ten (10) day period, the matter will be automatically submitted.

WARNING

Such reports are returnable to the Clerk on or before the seventh (7th) day following day after the proceeding was filed.

Such reports are returnable to the Clerk on or before the seventh (7th) day following day after the proceeding was filed.

WARNING

A receiver must post bond as ordered and file an inventory within 30 days of appointment unless the court grants an extension on a good-cause motion.

The receiver shall post bond as ordered by the Court and file an inventory not later than thirty (30) days from his appointment unless an extension is granted upon a motion filed for good cause shown.

WARNING

A trustee must account at least every two years unless the Court otherwise requires an account for good cause.

Every trustee administering a trust in this Court shall render an account of the administration of his trust at least once every two (2) years, unless by Order of the Court, on its own motion, or by motion of any person interested in the trust, for good cause shown, such account be otherwise required.

WARNING

A trustee must render a final account within 30 days after the trust terminates, or within another period ordered by the Court.

Every such trustee shall render a final account within thirty (30) days after termination of such trust, or within such periods of time as the Court may order.

WARNING

If a trustee does not file the overdue account within 30 days after service of a citation, the Court may deny compensation if it finds the delay unreasonable.

In Page 17 of 45 ===== PAGE 18 ===== the event the trustee fails to file such account within thirty (30) days after he has been served with such citation, no allowances shall be made for his services if the Court finds that such delay was unreasonable.

WARNING

Ex parte motions for spousal support by cash or in-kind payment generally will be set for a hearing or a noticed written-response deadline, with a reply permitted within the time set by the notice, generally 10 to 14 days after the notice is filed.

Motions seeking ex parte Orders for spousal support by cash or in-kind payment will generally be set for hearing or deadline for written response with notice to the opposing party, permitting reply within the time permitted by the notice (generally 10 to 14 days after filing the notice).

WARNING

To obtain reimbursement from the Ohio Public Defender’s Office, appointed counsel should file fee and expense applications within 30 days after the last service, although late applications may still be considered and may receive a lower rate.

In order to obtain reimbursement from the Ohio Public Defender's Office, applications for fees and expenses should be filed with the Court within thirty (30) days after the date of the last service for the Defendant. Applications filed out of time will be considered for payment, possibly at the end of the fiscal year, and possibly for compensation at a lower rate.