Eaton Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

Accepted fax or email documents are filed as of the transmission date and time, with receipt timestamps determining filing time; the Clerk receives these submissions 24 hours a day, seven days a week, including holidays.

21.07.01 Subject to the provisions of these rules, all documents sent by fax or email and accepted by the Clerk shall be considered filed with the Clerk as of the date and time reflected on the fax transmission or email. The office of the Clerk will be open to receive emails and facsimile transmission of documents on the basis of twenty-four hours per day seven days per week including holidays. Each page of any document received by the clerk shall be automatically imprinted with the date and time of receipt. The date and time imprinted on the document shall determine the time of filing, provided the document is deemed accepted by the clerk.

CRITICAL

If a fax or email filing lacks the required cover-page information, the clerk may file it or place it in the failed-filings file, in which case it is not considered filed.

21.04.02 (A) If a document is sent by fax or email to the clerk without the cover page information listed above, the clerk may do either of the following: (1) enter the document in the case docket and file the document; (2) deposit the document in a file of failed faxed or emailed documents with a notation of the reason for the failure. (B) If the Clerk acts pursuant to division (A)(2) of this section, the document shall not be considered filed with the Clerk.

CRITICAL

Documents tendered without required payment or that do not conform to applicable rules are deemed not filed.

Documents tendered to the Clerk without payment of court costs and fees or that do not conform to applicable rules shall be deemed not filed.

CRITICAL

Written responses are due no later than the seventh day after service, or, when an oral hearing is requested, three days before the hearing.

Parties wishing to respond in writing to such motions shall do so not later than the seventh (7th) day following the service of the motion or three (3) days prior to the oral hearing date if an oral hearing has been requested.

CRITICAL

Reports must follow the Supreme Court’s prescribed form and be submitted no later than the fifteenth day after the reporting period closes.

The reports shall be as prescribed by the Supreme Court and submitted no later than the fifteenth day after the close of the reporting period.

CRITICAL

The written pretrial statement must be filed at or before the pretrial hearing.

The written pretrial statement shall be filed at or before the pretrial hearing, containing all of the above-required information.

CRITICAL

The adverse party must file and serve opposing affidavits and a memorandum before the scheduled non-oral hearing date.

The adverse party shall file and serve opposing affidavits and memorandum prior to the day set for non-oral hearing.

CRITICAL

Counsel who demanded a jury trial must notify the Clerk of Court by written notice at least ten days before trial if the jury trial is to be waived.

If jury trial in either civil or criminal trials is to be waived, it is the responsibility of the counsel who demanded the jury trial to notify the Clerk of Court by written Notice to the Court at least ten (10) days prior to the trial date.

CRITICAL

A pending case in which service is not obtained within six months must be dismissed by the Court on its own initiative without prejudice.

Any pending case wherein service is not obtained within six months shall be dismissed by the Court sua sponte without prejudice.

CRITICAL

Where required, trial briefs are due within three days of trial when there is a substantial conflict about specific legal questions; the Magistrate may also require them case by case.

Trial Briefs. Trial briefs shall be required on all civil jury cases, within three (3) days of trial where there is a substantial conflict of views as to specific questions of law, and may be required from case to case as ordered by the Magistrate.

CRITICAL

The written jury request and payment of the jury deposit must occur at least 30 days before trial to avoid waiver of a jury trial.

Trial by jury will be waived unless requested in writing and the jury deposit is paid at least 30 days before trial.

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, or the Court may strike the document, exhibit, or both.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five court days following the filing of the facsimile document. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this section.

WARNING

For residential property, the plaintiff may supplement the damages claim within 30 days after obtaining possession.

When residential property is involved, the plaintiff may supplement the claim for damages within 30 days of obtaining possession of the premises.