Defiance Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An accepted fax filing is considered filed when the Clerk time-stamps it, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by FAX and accepted by the Clerk shall be considered filed with the Court 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

If a fax filing lacks the required cover-page information, the Clerk may place it in the failed-fax file with a notation that it is not considered filed and why.

If a document is submitted by FAX to the Court without the cover page information listed above, the Clerk may deposit the document in a file of "failed faxed documents" with a notation of the reason the document shall not be considered filed with the Court.

CRITICAL

During a mediation stay, the Clerk may accept only the listed documents or documents expressly permitted by the rules or Court Order.

The Clerk of Court shall not accept for filing any documents while a case is in mediation, unless expressly permitted by these rules or by Court Order. Only the following documents may be filed while a mediation stay is in effect: 1. Motion to lift the mediation stay; 2. Response to a motion to lift mediation stay; 3. Motion or stipulation to dismiss the case; and 4. Notice related to counsel.

WARNING

Fax transmissions may be sent at any time, but those received outside the Clerk's normal business hours will be stamped in receipt order on the next business day.

Facsimile transmissions may be sent at any time, however, any documents received by the court outside of normal business hours of the office of the Clerk of Court will be file stamped in the order of their receipt the next business day.

INFO

Settlement entries may be filed at any time.

Entries of settlement may be filed at any time.

CRITICAL

When the defendant has appeared, a hearing on the default-judgment application must be set and the defendant or representative must receive at least 14 days' notice.

(E) If the defendant has entered an appearance in the action, in accordance with Civil Rule 55(A}, a hearing shall be set on the application for the default judgment with defendant or defendant's representative being given at least fourteen (14) day notice before the hearing date.

CRITICAL

The journal entry must be submitted to opposing counsel within 10 days of the decision.

That entry shall be submitted to opposing counsel within ten (10) days of the decision.

CRITICAL

The defendant must file the counterclaim with the Clerk before the trial date to initiate the consolidated-trial procedure.

To initiate this procedure, defendant must first serve a counter-claim upon plaintiff and file same with the Clerk of Court before the trial date

CRITICAL

A hearing on a motion to revive judgment must be scheduled, with notice given at least 14 days before the hearing.

A hearing shall be scheduled and notice given at least fourteen (14) days prior to the scheduled hearing date.

CRITICAL

After the Judge orally approves a waiver of personal appearance, the written waiver, plea, and time waiver must be filed within five days or the defendant will be summoned for arraignment.

If a waiver to personally appear for arraignment has been orally approved by the Judge, a written waiver, containing the information specified in the preceding paragraph, together with a plea to the charge and a time waiver must be filed within five (5) days or defendant will be summoned to appear for arraignment.

CRITICAL

The rent-escrow hearing must be held within 14 days after the application is filed.

A hearing shall be held within fourteen (14) days from the date of filing.

CRITICAL

Reply briefs must be filed with the Clerk at least 10 days before trial, with copies certified to opposing counsel or unrepresented parties.

Reply briefs shall be filed with the Clerk of Court at least ten (10) days before the date of trial with copies certified to all opposing counsel or unrepresented parties.

CRITICAL

An eligible defendant who chooses the waiver procedure must act within the time specified in the citation.

A person charged with a minor misdemeanor offense or such other misdemeanor offense as from time to time may be specifically included in this procedure by administrative order of the Court, may, in lieu of appearance in court and within the time specified in the citation, appear personally at the Clerk's office or by mail, sign a waiver of trial, plead guilty in writing, and pay the stated fine and costs established by administrative order of the Court.

CRITICAL

Written motions and accompanying judgment entries must be filed within five days after an oral request for a new date.

Written motions and accompanying judgment entries must be filed within five (5) days after any oral requests for a new date.

CRITICAL

Motions must be filed within the deadlines 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

Either party may demand a jury trial, but the demand must be filed no later than 3 days before trial.

Either party may demand a trial by jury in accordance with Section 1923.10 of the Ohio Revised Code. Said jury demand must be filed no later than three (3) days prior to the date set for trial.

CRITICAL

Opposing counsel must approve or reject the journal entry within 10 days after receiving it.

Opposing counsel shall approve or reject the entry within ten (10) days of receipt.

CRITICAL

Deadline

5 business days

Praecipes or written instructions for subpoena requests must be filed at least five business days before trial, unless the Court allows otherwise.

The Clerk of Court, shall process requests for subpoenas from a praecipe or written instruction, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.

CRITICAL

Deadline

5 business days

A praecipe or written instructions for subpoenas must be filed at least five business days before trial, unless the Court allows otherwise.

The Clerk of Court, Criminal Division, shall process subpoenas from a praecipe or written instructions, filed at least five (5) business days in advance of the trial, unless otherwise allowed by the Court.

CRITICAL

After the possession issue is decided in a FED case with a money-damages claim, the case will be continued for the defendant to answer within 28 days after service of the complaint.

When a second cause of action in a FED has been filed alleging money damages, after the issue of possession of the premises has been determined, the case will be continued for defendant to answer within 28 days of service of the complaint.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a missing exhibit must be filed as a separate document within five Court days after the fax filing.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Court as a separate document, not later than five (S) Court days following the filing of the facsimile document.

CRITICAL

Plaintiff's counsel must file a trial brief with the Clerk at least 20 days before trial in a civil jury case.

(C) In any civil jury case, counsel for the plaintiff shall file a trial brief with the Clerk at least twenty (20] days before the date of trial.

CRITICAL

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

(3) 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 filing party that the matter will be dismissed within ten (10) days unless good cause is shown to the contrary.

CRITICAL

In other cases where a written jury demand was filed, the written waiver must be filed at least ten days before trial or before a plea or court trial begins.

A written waiver of jury demand is required in all other cases wherein a written jury demand has been filed. Said waiver must be filed at least ten (10) days prior to scheduled trial date, or prior to the entrance of any plea or commencement of any trial to the court.

CRITICAL

The jury demand and deposit must be filed at least 14 days before the scheduled trial date.

(A) In a civil case, other than forcible entry and detainer actions, either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit with the Clerk of Court. Said jury demand and deposit must be filed fourteen (14) days prior to the date scheduled for trial.

CRITICAL

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 after notice to the Court of settlement or the case may 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 after notice to the Court of settlement or the case may be dismissed for want of prosecution.

CRITICAL

The journal entry must be submitted to the Judge for approval and signature within 30 days of the decision.

Within thirty (30) days of the decision, the journal entry shall be submitted to the Judge for approval and signature.

CRITICAL

The affidavit for each issued traffic citation must be filed within 48 hours of the offense.

In all issued traffic citations, the affidavit shall be filed within forty-eight (48) hours of the offense.

CRITICAL

A person using the traffic waiver procedure must act within the time specified in the citation.

A person [but not an organization as defined in section 2901.01(d) of the Ohio Revised Code] charged with a traffic violation waiverable under OTR 13, or under administrative order of the Court, may in lieu of appearance in court, and within the time specified in the citation, appear personally at the Clerk's Office or by mail and sign a waiver of appearance, plead guilty in writing and pay the stated fine and costs as established by administrative order of the Court.

CRITICAL

If a settlement entry is not received within thirty 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 ten days.

(4) 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 their case will be dismissed unless the entry is received within ten (10) days.

CRITICAL

A party or counsel requesting a Court reporter must file the request in writing at least five days before trial.

(A) A Court reporter may be supplied upon the request of either party or his counsel, provided such request is filed in writing at least five (5) days prior to the trial.

CRITICAL

The party demanding a jury must pay the jury deposit within 14 days after receiving the trial date.

The party demanding a jury shall be required to pay the jury deposit within fourteen (14) days after receipt of trial date

WARNING

The Court may stay all filing deadlines for up to 60 days after referring a case to mediation.

Upon referral of a case to mediation, the Court may elect to stay all filing deadlines for up to 60 days.

WARNING

Pretrials will generally be set within 30 days after all responsive pleadings have been filed.

Pretrials will generally be set within thirty (30) days after all responsive pleading (i.e. answers, counter- claims, cross claims, Rule 12 motions, etc.) have been filed.

WARNING

A jury demand must be withdrawn at least 14 days before the scheduled trial to avoid the charge for calling off the jury.

unless a jury demand is withdrawn by a party at least fourteen (14) days in advance of the scheduled trial.

WARNING

If the journal entry is not submitted within the stated time, the Court may prepare it.

If a journal entry is not submitted within the time period stated the Court may prepare the journal entry.

WARNING

The jury excusal form must be returned before the date the person is summoned to report for jury service.

The following form must be completed and returned prior to the date you have been JURY EXCUSAL FORM summoned to report for jury service if you are requesting to be excused/deferred.

WARNING

The trial date will be set as close as possible to 14 days after filing.

The trial date will be set as close to fourteen (14) days from the date of filing as possible.

INFO

At pretrial, the Court determines whether trial briefs should be submitted and, if so, sets their filing date.

At the pretrial the Court shall, if applicable, determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.