Darke County Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

Electronic, email, and fax filings are accepted Monday through Friday from 7:30 a.m. to 4:00 p.m., excluding holidays; after-hours filings are deemed filed the Court’s next business day.

All documents that are filed electronically, by email or fax, will be accepted Monday through Friday from 7:30 am to 4:00 pm, excluding holidays. Documents sent after-hours will be deemed filed on the next business day of the Court.

CRITICAL

A praecipe requesting witness subpoenas must be filed with the Court at least seven days before trial.

The praecipe (request) for subpoenas of witnesses shall be filed with the Court at least seven (7) days before the date of trial.

CRITICAL

Settlement entries may be filed at any time, but avoiding trial by settlement requires an Agreed Judgment Entry before trial begins or an agreement placed on the record on the scheduled trial date; any variance requires Court approval.

Entries of settlement may be filed at any time; however, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry before commencement of the trial, or by placing the agreement on the record on the scheduled date of trial. Any variance from this rule is subject to Court approval.

CRITICAL

Final pretrial briefs in jury trials must be filed by the date set by the Judge.

In all cases of trial by jury, the parties shall be required to file final pretrial briefs. All pretrial briefs shall be filed by a date set by the Judge and shall include a recitation of the undisputed facts; a recitation of disputed legal and factual issues, stipulations, if any; relevant case law and statutory authority; a list of witnesses to be called to testify; and, any proposed jury instructions.

CRITICAL

Deadline

48 hours

Traffic citations must be filed within 48 hours of the offense and include the defendant’s current driving record and the officer’s statement of facts.

All traffic citations shall be filed within forty-eight (48) hours of the offense and shall include a current driving record of Defendant and a statement of facts of the officer.

CRITICAL

The Judgment Entry must be submitted to the Court within fourteen days of the decision.

Counsel for the party in whose favor an Order or Judgment is rendered shall prepare a Judgment Entry and submit it to the Court within fourteen (14) days of the decision.

CRITICAL

For a case marked “Case Settled, Entry to Follow,” the entry must be received within 10 days after notice that the case will be dismissed if it has not arrived within 30 days; a variance requires court approval.

On files marked “Case Settled, Entry to Follow” if the entry has not been received within thirty (30) days, the Clerk of Courts shall notify the party that the case will be dismissed, unless the entry is received within ten (10) days of notice. Variance to this rule is subject to Court approval.

CRITICAL

Opposing memoranda are due no later than fourteen days after service of the motion or the day before the motion’s trial or hearing, whichever is earlier.

Opposing memoranda shall be filed not later than fourteen (14) days from the service of the motion or on the day prior to the trial or hearing on the motion, whichever is earlier.

CRITICAL

Forcible Entry and Detainer cases must be set according to the time limits in O.R.C. §1923.

The case shall be set pursuant to the time limits set forth in O.R.C. §1923.

CRITICAL

The status report must be filed immediately after the pretrial concludes.

Once the pretrial is concluded, Plaintiff or Plaintiff’s counsel shall notify the Court immediately as to the status of the case by filing a status report.

CRITICAL

Untimely filed motions will be summarily overruled.

Motions untimely filed shall be summarily overruled.

CRITICAL

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

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

CRITICAL

The prevailing party’s entry must be submitted within 14 days of the decision.

Counsel for the party in whose favor an order or judgment is rendered shall prepare an appropriate entry and submit it to the Court within fourteen (14) days of the decision.

CRITICAL

Exclude the first day of service of process and include the last day when calculating filing time; if the last day falls on a weekend or holiday, count the next business day instead.

Filing time shall be calculated by excluding the first day of service of process and including the last. If the last day falls on a Saturday, Sunday or a Holiday, it shall be excluded and the next business day counted.

WARNING

A motion is deemed submitted when opposing memoranda are filed or the filing period expires, whichever occurs first.

Motions shall be deemed submitted when opposing memoranda are filed or the time for filing expires, whichever is earlier.

WARNING

Settlement entries may be filed at any time, but settlement avoids trial only if the agreed entry is submitted before trial or the agreement is placed on the record on the scheduled trial date, subject to Court approval of a variance.

Entries of settlement may be filed at any time; however, the avoidance of trial by settlement shall be allowed only upon submission of an Agreed Judgment Entry before commencement of the trial, or by placing the agreement on the record on the scheduled date for trial. Variance to this step is subject to Court approval.

WARNING

Entries and Orders must not be submitted while the Court is in trial.

Entries and Orders shall not be submitted while Court is in trial.