Dayton Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An electronic filing is not considered filed unless the Clerk receives it at the designated filing email address.

All electronic filings shall not be considered filed unless they are received by the Clerk through the electronic filing email address of EFileDMC@daytonohio.gov.

CRITICAL

If required cover-page information is missing, the Clerk may either docket and file the faxed document or place it in the failed-fax file, in which case it is not considered filed.

2. If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Office of 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 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.

CRITICAL

An accepted fax filing is deemed filed at the date and time the Clerk’s Office time-stamps it as received, not when it was transmitted.

Subject to the provisions of this Rule, all documents, sent by fax and accepted by the Clerk’s Office, shall be considered filed with the Clerk of Court as of the date and time the Clerk’s Office time-stamps the document received, as opposed to the date and time of the fax transmission.

CRITICAL

An electronically filed court-initiated document is deemed filed on the date and time shown on its official electronic time stamp.

After the document is electronically filed, it shall receive an electronic stamp with the date and time of filing, which shall be the official time stamp. Time of Filing An electronically filed court initiated document shall be deemed filed as of the date and time of the official time stamp.

CRITICAL

Filings submitted outside the Clerk’s Monday-through-Friday hours of 8:00 a.m. to 4:30 p.m., excluding listed court holidays, are considered filed the next business day.

The Clerk’s Office is open Monday through Friday, except for the Court’s listed holidays, from 8:00 am to 4:30 pm. If a filing is submitted outside of the Clerk’s hours, then the Clerk’s Office shall be considered filed on the next business day.

WARNING

Filers should expect that processing, time-stamping, and website notation of a fax filing may take one to two Court business days.

Everyone using facsimile filing should be aware that it may take 1 to 2 Court business days for a fax filing to be processed, time-stamped, and notated on the Clerk’s website.

WARNING

Anyone filing by fax is responsible for verifying that the Clerk's Office received and accepted the filing.

Anyone using facsimile filing is responsible for verifying the filing has been received and accepted by the Office of the Clerk of Court.

WARNING

The defendant is responsible for confirming that a mailed or faxed plea was properly filed and received.

It is the responsibility of the defendant to determine if a mailed or faxed plea has been properly filed and received.

WARNING

The sending party bears all risks of transmitting a document by fax to the Clerk of Court.

The risks of transmitting a document by fax to the Clerk of Court shall be borne entirely by the sending party.

WARNING

The Clerk's Office is deemed open to receive faxed documents on the same days and during the same hours that 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

A rejected electronic filing is referred for review and resubmission or other necessary action.

If the document is rejected for electronic filing, it shall be referred for review and resubmission or other necessary action.

INFO

Filers are urged to use available technology, including the Clerk’s website, to verify fax filing status.

Filers are urged to use whatever technological means are available, including checking the Clerk’s website.

INFO

Settlement entries may be filed at any time.

Entries of settlement may be filed at any time.

INFO

An electronically filed document is filed and docketed as part of the court record once accepted.

If the document is accepted for electronic filing, it shall be filed and docketed as part of the court record.

CRITICAL

The journal entry must be submitted to the judge within 15 days of the decision; otherwise the judge will prepare it.

Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge or thereafter the judge shall prepare the entry.

CRITICAL

Opposing memoranda are due within 14 days after service or by the day before trial or the motion hearing, whichever is earlier, unless the assigned judge sets another time.

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, or at such other time as set by the assigned judge.

CRITICAL

A request to contest a photo enforcement citation must be made within 30 days of receipt.

You have 30 days from receipt of the citation to contest and request a hearing. To contest the citation, you must complete option "B" on the back of the citation.

CRITICAL

A written notice of intent to offer evidence or argue self-defense, defense of another, or defense of residence must be filed at least 14 days before the misdemeanor bench or jury trial.

A written Notice of intent to offer evidence or argue Self-Defense, Defense of Another, or Defense of Residence shall be filed with the Court not less than fourteen (14) days before the bench or jury trial of the misdemeanor case.

CRITICAL

The report and award becomes final, and judgment is entered, 30 days after filing unless rejecting parties file conforming amended pleadings within that period.

The report and award shall become final thirty (30) days after its filing and the Court shall enter judgment in accordance therewith unless, within said thirty (30) day period, parties rejecting the report and award file amended pleadings conforming with subsection (2) of this rule.

CRITICAL

A bail bond agent must keep registration current by filing a certified copy of a renewed power of attorney by August 1 of each odd-numbered year.

The bail bond agent shall keep his or her registration current by filing a certified copy of a renewed power of attorney by the first day of August of each odd-numbered year.

CRITICAL

Opposing counsel must approve or reject the journal entry within five days.

Opposing counsel shall approve or reject the entry within five (5) days.

CRITICAL

A plaintiff may initiate a Writ of Restitution within 30 days after entry of restitution, and the court may stay that deadline in writing.

If the defendant (tenant) fails to vacate or remove personal property from the premises after restitution is granted by the Court, the plaintiff/owner may initiate a Writ of Restitution within 30 days from the date of the Entry of Restitution, by posting the required fee for the Writ with the Clerk of Court. The 30-day deadline for initiating the Writ may be stayed upon written approval of the Court.

CRITICAL

To avoid waiver of a jury trial, a written jury demand must be filed and the advance jury deposit paid by the hearing date.

Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid.

CRITICAL

A written notice of alibi must be filed at least 14 days before the misdemeanor bench or jury trial and served on the prosecuting attorney.

A written Notice of Alibi shall be filed with the Court not less than fourteen (14) Days before the bench or jury trial of the misdemeanor case and shall be served upon the prosecuting attorney.

CRITICAL

The arbitrator must file a written report and award within 30 days after the hearing.

Within thirty (30) days after the hearing, the arbitrator shall file a written report and award with the Clerk of Court

CRITICAL

The praecipe must be filed at least five days before trial.

The praecipe shall be filed at least five (5) days in advance of the trial date.

CRITICAL

If a case has had no action for 90 days and no answer has been filed, the Clerk will issue a dismissal notice advising that the case will be dismissed in 10 days unless good cause is shown or a default-judgment motion is filed.

If no action has been taken on a case for ninety (90) days and no answer has been filed by the defendant, then the Clerk shall send plaintiff/counsel a Notification of Dismissal. The Notification will advise that the case will be dismissed in ten (10) days unless good cause is shown to the contrary or a motion for default judgment is filed with the Court.

CRITICAL

The stolen-vehicle affidavit and police report must be returned within 30 days of receiving the citation.

If the vehicle was stolen, you must complete option "C" (Affidavit) on the back of the citation stating the vehicle or plate was stolen and attach a copy of the police report. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

A party requesting a court-appointed interpreter must make a written request at least three days before trial or hearing, unless the Court waives the written-request requirement.

In a criminal, traffic, or civil case, the party requesting a court appointed foreign language interpreter or sign language interpreter shall make a written request to the Court at least three (3) days before the date of the trial or hearing. The Court will determine if an interpreter is necessary, arrange for an interpreter, and appoint one. The Court may waive the written request requirement.

CRITICAL

A mailed or faxed written plea must be received before arraignment; otherwise, the defendant must appear to enter a plea and is responsible for confirming receipt, and failure to file timely or appear can result in an arrest warrant.

The written plea may be mailed or faxed and must be received by the Clerk of Court before the arraignment date. If the mailed or faxed plea is not received before the arraignment date, the defendant shall appear before the Court to enter a plea. It is the responsibility of the defendant to determine if the mailed or faxed plea has been properly filed and received. Failure to timely file a written plea or appear before the Court can result in a warrant for the defendant’s arrest.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the fax filing, and failure to do so may result in the document or exhibit being struck.

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 exhibit, as required by this paragraph, may result in the Court striking the document and/or exhibit.

CRITICAL

Failure to pay the deposit or file an approved poverty affidavit within ten days after filing the jury demand waives jury trial.

Failure to make the $800 deposit or to file the poverty affidavit within ten (10) days after filing the Jury Demand constitutes a waiver of trial by jury.

CRITICAL

When a special process server appointment order expires, a new application, affidavit, and order must be filed.

When the order appointing the special process server expires, a new Application, Affidavit, and Order must be filed.

CRITICAL

A not-guilty plea submitted by fax or mail must be submitted within ten days after the defendant receives the ticket.

The not guilty plea may be faxed or mailed within ten (10) days after the defendant received the ticket.

CRITICAL

A civil witness-subpoena praecipe must be filed with the Clerk at least five days before trial, excluding intervening Saturdays, Sundays, and holidays.

The praecipe (request) for subpoenas of witnesses in civil cases shall be filed with the Clerk not later than five (5) days (excluding intervening Saturdays, Sundays, and Holidays) before the date of trial.

CRITICAL

The plaintiff/landlord, counsel, or other responding party must file the response form within 21 days after service.

The Plaintiff/Landlord, their Counsel, or other responding party must file their Response to the Application to Seal Eviction Record form (Response) with the Clerk of Court within 21 days after being served.

CRITICAL

Deadline

2 business days

Filing fees are due within two business days of electronic submission; after notice and one additional business day without payment, a new suit is administratively dismissed or a subsequent filing is stricken.

Payment shall be made to the Clerk within two (2) business days of the submission of an electronic filing. If payment is not received within two (2) business days, then the Clerk will notify the filer through the email address that submitted the filing to the Clerk. If after one (1) additional business day the payment has still not been received, then one of the following will occur based on the type of filing: New Suit – the case will be administratively dismissed by the Court; Subsequent Filing – the filing will be stricken from the record by the Court.

CRITICAL

Deadline

24 hours

The recording request form should be presented as early as reasonably possible and must be presented at least 24 hours before the trial or hearing.

The Request form shall be presented as far in advance as reasonably possible to the assigned Judge’s office but in no event later than twenty-four (24) hours prior to the trial or hearing to be recorded.

CRITICAL

The option C driver affidavit must be completed, notarized, and returned within 30 days of receipt.

You must complete option "C" (Affidavit) on the back of your citation designating who the driver was at the time of the violation. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

Motions must be filed within the applicable 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

The journal entry must be submitted to opposing counsel within five days of the decision.

That entry shall be submitted to opposing counsel within five (5) days of the decision.

CRITICAL

The Public Defender's Office must file the appointment journal entry immediately upon the court's approval of representation.

Immediately upon approval by the court of representation of a defendant by the Public Defender's Office, that office shall file with the Clerk of Court a journal entry formalizing the appointment.

CRITICAL

A magistrate's decision is subject to a 14-day objection period under Civ.R. 53.

The magistrate's decision is subject to a fourteen (14) day objection period pursuant to Civ.R. 53.

CRITICAL

Motions must be filed with the Clerk of Court within the applicable Ohio Rules of Traffic Procedure deadlines.

Motions must be filed with the Clerk of Court within the time limits established by the Ohio Rules of Traffic Procedure.

CRITICAL

The affidavit reporting a vehicle sale and attaching proof of transfer or title must be returned within 30 days of citation receipt.

Complete option "C" (Affidavit) on the back of your citation stating you sold the vehicle and attach a copy of the transfer of sale or title. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

After the dismissal notice, the case will be dismissed in 10 days unless the plaintiff shows good cause to the contrary.

If plaintiff fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

A settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

CRITICAL

The option C affidavit must be completed, notarized, and returned within 30 days after receipt of the citation.

You must complete option "C" (Affidavit) on the back of your citation designating another person as the driver. You have 30 days from receipt of the citation to complete, notarize, and return the affidavit to our office.

CRITICAL

A motion raising an exception to an arbitrator must be filed within five days after the notice of assignment is mailed and will be heard by the assigned judge.

Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of the notice of assignment and shall be heard by the assigned judge.

CRITICAL

A faxed or mailed plea must reach the Clerk before arraignment; otherwise, the defendant must appear that day.

The faxed or mailed plea must be received by the Clerk of Court before the arraignment date or the defendant must appear on the arraignment date.