Delaware County Court of Common Pleas, General Division Filing Timing and Cure Windows

A rejected filing must be resubmitted within 24 hours of the rejection email—a firm deadline applying on weekends and holidays—to retain the original rejection date, and later corrective filings will be rejected unless a new filing attempt is made.

(iii)If for any reason the document submitted for e-filing is not accepted and filed by the clerk, the e-filer will be notified via email that the document was rejected and the reason for rejection. A rejected filing will be treated by the court as having been tendered to the clerk for filing on the date of the rejection if the e-filer resubmits the rejected document through the e-filing system within 24 hours after the rejection email was sent by the clerk. That 24-hour window is a firm deadline, and it applies even on weekends and holidays. Any corrective filing submitted after the 24-hour period expires will be rejected. If an e-filer wishes to file the rejected document electronically after the 24-hour correction period, that e-filer may initiate a new e-filing attempt, but the document will not be treated by the court as having been tendered to the clerk on the date of the initial rejection.

An e-filer seeking to relate a corrective filing back to a rejected filing’s date and time because of technical failure must file a motion requesting relief.

4. If a document is not filed due to technical failures and the e-filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the e-filer must file a motion with the court seeking relief.

The clerk electronically stamps an accepted document, and the document is considered filed on the date and time shown on that stamp.

(i) Upon acceptance by the clerk, a document will receive an electronic file stamp. (ii) This stamp will include the date and time when the clerk originally received the transmission. A document received electronically will be considered to have been filed on the date and time in the time stamp.

Facsimiles may be transmitted at all times, but those received after 4:30 p.m. on a business day or on a weekend or holiday are filed the next business day; filing time is determined by the clerk’s timestamp.

Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is open, any facsimile received by the clerk after 4:30 p.m. on a regular business day or anytime on a weekend or holiday will be filed on the next regular business day. For purposes of any filing deadline imposed by these Local Rules, court order, statute, or otherwise, a document will be deemed filed on the date and time when the clerk time stamps the document.

The clerk will not accept the listed discovery materials unless the court orders otherwise, they will be used as evidence, or they relate to a pending motion and accompany or are filed with it.

Pursuant to Civ.R. 5(D), the clerk will not accept for filing depositions upon oral examination, interrogatories, requests for production, and requests for admission unless: (1) the court otherwise orders, (2) they are to be used as evidence, or (3) they relate to a pending motion and are attached in support or filed contemporaneously with a pending motion.

Electronic documents may be submitted at all times, but filers after normal business hours assume the risk of technical failure preventing e-filing.

The clerk receives electronic documents 24 hours per day, seven days per week, regardless of whether the clerk’s office is open. Parties filing after normal business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) assume the risk of technical failures that prevent the e- filing of their document.

An electronically filed document requiring a fee may be rejected if the filer does not use the court’s established filing-fee payment mechanism.

Any document filed electronically that requires a filing fee may be rejected by the clerk of courts unless the electronic filer has complied with the mechanism established by these Local Rules for the payment of filing fees.

The clerk may designate the e-filing site as technically failed when it cannot continuously accept filings or has intermittent failures for more than one hour after 10:00 a.m., with known outages posted online when possible.

1. The clerk may deem the e-filing site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or only accepts filings intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. Known system outages will be posted on the clerk’s website, if possible.

An e-filer may seek appropriate relief when a technical failure of the court’s system or a problem on the filer’s end makes the filing untimely.

3. An e-filer whose filing is made untimely as a result of a Technical Failure of the clerk’s system or site, or as a result of problems on the e-filer’s end, may seek appropriate relief from the court.

An electronically transmitted document that the clerk does not successfully process receives no electronic file stamp, and the e-filer receives a rejection email.

(iii)A document electronically filed that is not successfully processed by the clerk will not receive an electronic file stamp, but the e-filer will receive a rejection email as provided in these Local Rules.

The clerk must immediately notify the attorney if a transmitted facsimile cannot be filed.

The clerk will immediately notify the attorney if the transmitted document cannot be filed for any reason.

Successful electronic filing results in a receipt confirmation showing the date and time acknowledged by the e-filer system.

All electronically-filed documents will receive a confirmation of receipt that includes the date and time acknowledgement displayed on the screen of the e-filer’s computer upon successful transmission of the e-filing.

The clerk assigns a confirmation number to each filing, and the e-filer receives the confirmation number, filing date, and filing time after successful transmission.

(i) A confirmation number will be assigned by the clerk to each filing received by the clerk. The confirmation number and the date and time of the filing will be displayed on the screen of the e-filer’s computer upon successful transmission of the filing.

The clerk emails notice that an electronically submitted document was accepted and filed, together with the confirmation and case numbers.

(ii) Upon successful processing by the clerk of the document submitted for e- filing, an email will be sent to the e-filer stating that the document was accepted and filed. The email will also contain the confirmation number and case number assigned, if any.

Unless good cause is shown, subpoena requests must be filed with the clerk at least two days before the trial date.

Except for good cause shown, neither the clerk nor the sheriff is required to issue subpoenas, unless requests are filed with the clerk at least two days prior to the trial date.

A party granted leave to amend must file the amended pleading with the clerk within seven days.

If leave is granted, the party is required to file the amended pleading with the clerk of courts within seven days.

The case-schedule discovery cutoff is the last date to seek judicial involvement in discovery, absent extraordinary circumstances; agreed discovery may continue afterward only if it does not delay other scheduled events.

The discovery-cutoff date specified in the case schedule will be the last date for any party to seek the involvement of the judge in the discovery process by way of motion seeking a ruling, an order, sanctions, or other court action, absent extraordinary circumstances. Voluntary, mutually agreed-upon discovery, including perpetuation of trial testimony by video recording or otherwise, may continue after the discovery cutoff in a manner that does not delay any other event on the case schedule.

Absent a court-specified disclosure date, the parties must jointly disclose all witnesses by the later of the final pretrial conference or 14 days before trial.

In the event the judge does not specify a date for the disclosure of witnesses or expert witnesses, the parties must jointly disclose all their witnesses on or before the final pretrial conference, or 14 days before trial, whichever is later.

Dispositive motions must be filed by the date specified in the case schedule or a court order.

All dispositive motions must be filed no later than the date specified in the case schedule or court order.

Applies to

Default judgment motion

A party seeking default judgment must apply in writing to the judge within 30 days after the defaulting party’s deadline to plead or defend.

The party entitled to a judgment by default may apply in writing to the judge within 30 days after the date upon which the defaulting party should have pleaded or otherwise defended.

The administrative-appeal record must be filed within 28 days after the notice of appeal unless an extension is granted.

The record must be filed no later than 28 days after the filing of the notice of appeal, unless an extension is granted.

The initial receivership plan and activity report must be submitted no later than two months after the receiver’s appointment.

The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.

After the initial plan and report, the receiver must file updated plans and reports at least semi-annually.

After filing the first plan and report, the receiver must file updated plans and reports no less often than semi-annually.

The court ordinarily will not approve receivership fees or proposed action until 14 days after service of the updated plan or report, although the court may alter that period for good cause.

(2) Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause, the court may alter this notice period.

Applies to

Preliminary judicial report

In an action seeking judicial sale of residential property consisting of one to four single-family units, the requesting parties must file a preliminary judicial report within 14 days after filing the pleadings seeking that relief.

(1) Preliminary Judicial Report. Pursuant to R.C. 2329.191(B), in every action demanding the judicial sale of residential real estate consisting of one to four single-family units, the party or parties seeking such judicial sale must file, within 14 days after the filing of the pleadings requesting such relief, a preliminary judicial report, including:

The preliminary judicial report must be effective within the 30 days before filing the complaint or other pleading requesting judicial sale.

The preliminary judicial report will be effective within 30 days prior to the filing of the complaint or other pleading requesting judicial sale.

In actions seeking judicial sale of more than four single-family residential units or commercial real estate, the requesting party must file a preliminary judicial report or an approved owner’s title-insurance commitment within 14 days after filing the pleadings requesting relief.

In every action demanding the judicial sale of residential real estate consisting of more than four single-family units or of commercial real estate, the party seeking that judicial sale must file with the clerk within 14 days after filing the pleadings requesting relief either a preliminary judicial report or a commitment for an owner’s fee policy of title insurance on the form approved by the department of insurance that is prepared and issued by a duly licensed title insurance agent on behalf of a licensed title insurance company.

The title-insurance commitment must be effective within 14 days before the judicial-sale pleading and contain all information required for a preliminary judicial report.

The commitment must have an effective date within 14 days prior to the filing of the complaint or other pleading requesting a judicial sale and must contain all of the information listed in section (A) for a preliminary judicial report.

The sheriff or private selling officer must file the return on sale with the clerk no later than the first Monday following the sale.

No later than the first Monday following the date of the sale, the sheriff or private selling officer must file the return with the clerk.

The required transport order must be submitted at least seven days before a hearing at which the defendant’s presence is required or requested.

Where a defendant is incarcerated in a location other than the Delaware County Jail, defense counsel must confirm a defendant’s location and submit a conveyance or transport order to the court at least seven days prior to any hearing where the defendant’s presence in required or requested.

Unless the court orders otherwise, a response to a criminal motion must be filed and served on opposing counsel by the fourteenth day following the motion's filing.

Once a motion has been filed, any response to the motion must be filed and served upon opposing counsel no later than the fourteenth day following the filing of the motion, unless the court orders otherwise.

Each original Court Certificate of Release must be filed when the Confirmation Entry is filed.

3. File each original Court Certificate of Release at the time of filing the Confirmation Entry.

Electronic filing deadlines and timing are governed by the court’s Eastern Time zone, not the filer’s time zone.

Time at the court (Eastern Time zone) governs, rather than the time zone from which the filing is made.

Deadline

24 hours

Failure to give settlement notice at least 24 hours before trial may result in sanctions, including jury costs.

Failure to do so may result in sanctions, including jury costs if notice of the settlement is not given at least 24 hours prior to the trial date.

The court ordinarily will not approve receivership fees or other proposed action until 14 days after service of the updated plan or report, unless the court alters the period for good cause.

Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object.

The movant may file and serve a reply memorandum within seven days after service of the response.

A reply memorandum may be filed by the movant and served upon opposing counsel within seven days after service of the response.