Court Rules

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

36 rules from official source documents

30 of 36 checked against the court's document. Unmarked rules: Checked against the court's document A value with a question mark is not in the court's wording on its card.

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

Original videotapes and audiotapes must be filed with the Clerk of Courts upon completion of each witness’s prerecording.

Upon the completion of the prerecording of each witnesses' testimony the original videotapes and.audiotapes shall be filed with the Clerk of Courts.

Court-level rulesOfficial source

CRITICAL

A copy of the videotape testimony must be made and filed with the Clerk of Courts as soon as possible after the testimony is recorded.

A copy of the videotape testimony shall be ma4e _ and filed with the Clerk of Courts as soon a_s possible a:fter the testimony is originally recorded.

Court-level rulesOfficial source

We could not confirm this summary. Read the court's wording below.CRITICAL?

The Clerk is instructed not to ac"cept a civil complaint unless the requirements of Rules 1.01 and 1.02, supra, are met.

Court-level rulesOfficial source

Filing deadlines

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

In a case assigned for trial where a party is in default for an answer or reply, affirmative defenses or new matter may be included only if filed within ten days after assignment.

In all cases assigned for trial wherein a party is in defau1t·for an answer or reply, no affirmative defenses or new matter may be inserted in the answer or reply unless the sBllle is filed within ten (10) days from the date of the assignment.

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

If an answer filed within the ten-day period contains new matter or affirmative defenses, a reply asserting further new matter or affirmative defenses must be filed within ten days after the answer is filed.

If an answer. is filed within the ten (10) day period containing new ·matter·· or a:Cfirmative defenses, ·a reply ·setting forth further new. matters or affirmative defenses mt1.st be filed within ten {10) days of the filing of the answer.

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

An objection to assignment to the videotape docket must specifically enumerate its grounds in writing and be filed within ten days after assignment.

If counsel objects after·a case has been assigned to the videotape docket, such objections are to be specifically enumerated in writing and filed within .10 days after the assignment.

Court-level rulesOfficial source

CRITICAL

The application must be filed at least ten days before trial or the summons will not be issued.

Such application shall be filed at _least ten (10) days prior to trial, or the summons will not be issued.

Court-level rulesOfficial source

CRITICAL

Represented defendants who had counsel at bind over must file pretrial motions within three days after arraignment; all other defendants must file within ten days.

All pre-trial· inotions shall be filed within three (3) days after arraignment for those defendants who are represented by counsel at the time of bind over to the grand jury. All other defendants shall file such motions within ten (10) days after arraignment.

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

Defendants represented by counsel at bind over must apply for diversion within three days after arraignment; all other defendants must apply within ten days.

B) Applications for those defenda.~ts who are repre- sented.by counsel at the time of bind over to the grand jury shall be made within three ( 3) days after arraigruiient ... All other defendants sha::1.1 make application within ten (10) days after arraignment.

Court-level rulesOfficial source

CRITICAL

Filing a motion to suppress or initiating discovery after applying for diversion automatically revokes the diversion application.

C) Filing of a motion to suppress or initiating discovery proceedings subseq1.,1ent ..to )flaking application for di version, Will re.Sult in the automatic( revocation df such application for diversion.

Court-level rulesOfficial source

CRITICAL

The Court will not entertain a diversion application made after the defendant has filed a motion to suppress or initiated discovery proceedings.

D) No application for diversion will be entertained by the Court if made after the defendant has filed a motion to suppress or initiated any discovery pr_oceedings:.

Court-level rulesOfficial source

CRITICAL

A mental examination request must be made within three days after arraignment for defendants represented by counsel at bind over, and within ten days for all other defendants.

A request for a mental examination for any of the above reasons shall be.made within·three (3).days after arraignment for those defendants who are represented by counsel at the time of bind over to the grand jury. All other defendants shall make such request within ten (10) days after arraignment.

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

An application to prerecord any or all testimony in a criminal trial must be filed within twenty days after arraignment.

.An application requesting the prerecording of any or all of the testimony in a criminal trial, must be filed .withi,n twenty days after arraignment

Court-level rulesOfficial source

CRITICAL

In cases assigned for trial under the cited rules, plaintiff and defendant testimony must be filed by their separately assigned dates; missing the date may result in dismissal for plaintiff or default judgment or a limitation on defendant's testimony.

D. When cases are assigned for trial pursuant to Civ. R. 40 and Sup. R. 12 _(B), separate dates will be assigned for the filing of plaintiff's and defendant's testimony. Failure of plaintiff to file said testimony on or before.said date will cause the case to be dismissed for wa.~t of prosecution; failure of defendant to file his testimony on·or before said date will result _in a default judgment or the limiting of defendant to the testimony so filed.

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

Opposing counsel must file written, numbered objections and a brief statement of their basis within ten days after receiving notice from the Clerk that videotape testimony was filed.

Within ten days of the ·receipt of notice by the Clerk that videotape testimony has been filed by the proponent of such testimony, opposing counsel shall file in writing the numbered objections upon· which he wishes a ruling by the Court, together .with a-brief state(llent of.·the- basis ,fo,r such_. . objections.

Court-level rulesOfficial source

CRITICAL

Deadline
72 hours

Videotape deposition or trial testimony is subject to a 72-hour-before-trial filing restriction; the Court may expressly permit an exception before the deposition or testimony is taken, and noncompliant testimony will not be edited or presented to the jury.

H. osition or.trial testimdn shall. be filed· less than seventy-two hours prior to the date of trial, unless e_xpress permission is granted by the Court prior to the taking of the deposition or trial testimony. Any videotape depositions or trial testimony filed in violation of this rule will not be edited or presented to the jury.

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

The plaintiff’s and defendant’s appointed panel-member names must be forwarded to the Arbitration Commissioner within ten days from the pretrial conference.

The names of the two members of the panel to be appointe·d by the plaintiff. and defendant, respectively, shall be forwarded to the Arbitration Commissioner within ten (10) days from the date. of the pretrial conference.

Court-level rulesOfficial source

CRITICAL

If a party fails to appoint an arbitrator, the Court shall appoint one upon motion within five days after the motion is filed.

If there.is a failure of one or more parties to appoint one or more arbitrators as in (2) above, the Court shall, upon motion, appoint an arbitrator or arbitrators for the party or parties failing to so comply. Such appointment shall be made by the Court within five (5) days of the filing of said motion.

Court-level rulesOfficial source

CRITICAL

An exception to an arbitrator must be raised by motion within five days after the notice of assignment is mailed, and the assigned judge hears it.

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

Court-level rulesOfficial source

CRITICAL

If an arbitration decision is rejected under Section 2711.21 O.R.C., amended pleadings must be filed with the Clerk of Courts within 45 days.

If the decision of the arbitrators is rejected pursuant to Section 2711.21 O.R.C., pleadings shall be amended· and filed with the Clerk of Courts within forty-five (45) days.

Court-level rulesOfficial source

CRITICAL

The panel chairman must file a written report and award with the presiding judge and Clerk of Courts within thirty days after the hearing.

Within thirty ( ;30) days after the·hearing, the chairman of the panel shall file a \\II'i tten report and award with the presiding judge and the Clerk of Courts

Court-level rulesOfficial source

CRITICAL

Defendants represented by counsel when bound over to the grand jury must file pretrial motions within three days after arraignment.

All pre-tria:U.jnotions shall be filed within three (.3) days after arraignment for those defendants who are represente.d by counsel at the time d.f bind over to the grand jury.

Court-level rulesOfficial source

CRITICAL

Plaintiff must file testimony by its separately assigned date or the case will be dismissed for want of prosecution.

When cases are assigned for trial. pursuant to Civ. R. 40 and Sup. R. 12 _(B), separate date:, will be assigned for the filing of plaintiff's and defendant's testimony. Failure o:f plaintiff to file said testimony on or before said date will cause the case to be dismissed for want of prosecution;

Court-level rulesOfficial source

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

The Court will review objections without counsel present unless counsel files notice within 48 hours of filing the testimony that counsel wishes to follow the specified objection procedure.

The Court will review-all objections at its conveni·ence and without presence of -counsel l)Dless notice is· f,iled with the Court within forty~eight .(.48) -hours···of filing o:f the testimony with the Clerk that counsel wishes to comply with the following:

Court-level rulesOfficial source

CRITICAL

Opposing counsel must file written, numbered objections and a brief statement of their basis within ten days after receiving the Clerk's notice that videotape testimony was filed.

Within ten days of the ·receipt of notice by the Clerk that videotape testimony has been filed by the proponent of _such testimony, opposing counsel shall file in writing the numbered objections upon· which he wishes a ruling by the Court, together ,with a -J:irief s"tate([l(lnt. of ,-·the-_ basis _fo_:r- such _ _ - . - objections.

Court-level rulesOfficial source

CRITICAL

Deposition or trial testimony is subject to a pretrial filing restriction whose number of hours is illegible; the Court may expressly permit an exception in advance, and noncompliant videotape testimony will not be edited or presented to the jury.

_H. osition or·· triai testilndn -- shall - be :filed less than hours prior to the date of trial, unless e;x:press permission is granted by the Court prior to the taking of the deposition or trial testimony. Any videotape deposit:ions or trial testimony filed in violation o:fthis rule will not be edited or presented to the jury.

Court-level rulesOfficial source

CRITICALCivil cases

The completed form must be returned at least 7 days before the CMC.

PLEASE FILL OUT THIS FORM AND RETURN VIA FAX (419) 627-6602 OR EMAIL TO bwright@eriecounty.oh.gov AT LEAST 7 DAYS PRIOR TO CMC

Judge Tygh Tone

WARNING

If title indicia are not supplied within 30 days after notice from the Court, the action may be dismissed for want of prosecution without prejudice.

and if the plaintiff and/or other party (ies) shall fail to supply such indic·ia of title within.thirty (30) days after having been hOtifit!d by the Court to do so, the cause may be . dismissed as for want of prosecution, but without prejudice to a future action based upon the same subject matter.

Court-level rulesOfficial source

WARNING

Deadline
48 hours

The Court ordinarily reviews objections without counsel present, unless counsel files notice within 48 hours after the testimony is filed stating that counsel wishes to follow the specified objection procedure.

E. The Court will review all objections at its convenience and without presence of counsel unless_notice is' f;i.led with the Court within forty~eight .(48) hours-of filing of the testimony with the Clerk that counsel wishes to comply with the following:

Court-level rulesOfficial source

WARNING

Counsel may file a brief statement explaining why opposing counsel's objections should be overruled within ten days after receiving those objections.

2. Within ten days of receipt from opposing counsel of objections filed with_the Court, counsel may file with the Court a brief statement setting forth any _reasons why he· believes such objections should· be overruled.

Court-level rulesOfficial source

WARNING

Counsel may file a brief statement explaining why opposing counsel's objections should be overruled within ten days after receiving them.

Within ten days of receipt from opposing counsel of objections :filed with _the Court, counsel may file with the Court a brief statement setting forth any_reasons why he believes such objections should oe overruled.

Court-level rulesOfficial source

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

These nominations must be forwarded to the assigned judge within ten (10) days after the date of the pre-trial conference.

Summary

Nominations for the panel chairman must be forwarded to the assigned judge within ten days after the pretrial conference.

Court-level rulesOfficial source

We could not confirm this summary. Read the court's wording below.CRITICAL?

All other defendants shall file such motions within ten (10) days after arraignment.

Court-level rulesOfficial source

We could not confirm this summary. Read the court's wording below.CRITICAL?

Ap:plications shall be submitted within 90 days from the date of disposition of the case.

Court-level rulesOfficial source

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

separate date:, will be assigned for the filing of plaintiff's and defendant's testimony. ... :failure o:f defendant to :file his· testimony on· or before said date will result .in a default judgment or the limit;i.ng o:f defendant to the testimony so :filed.

Summary

Defendant must file testimony by its separately assigned date or face default judgment or limitation to the testimony filed.

Court-level rulesOfficial source

We could not confirm this summary. Read the court's wording below.CRITICAL?

All forms must be completely filled out and must be submitted to·the Court within thirty (30) days of the conclusion of the assigned case.

Court-level rulesOfficial source
Common questions about Erie County Court of Common Pleas, General Division filing timing and cure windows rules

What filing deadlines does Erie County Court of Common Pleas, General Division set?

Erie County Court of Common Pleas, General Division: In a case assigned for trial where a party is in default for an answer or reply, affirmative defenses or new matter may be included only if filed within ten days after assignment.

View ruleOfficial source Source: page 9, section Cases Assigned for Trial

Judge Tygh Tone: The completed form must be returned at least 7 days before the CMC.

View ruleOfficial source Source: page 1, section CIVIL PRE-TRIAL CONFERENCE SUMMARY

30 more rules answer this question in the list above.

What filing deadlines apply to prerecording application filings in Erie County Court of Common Pleas, General Division?

An application to prerecord any or all testimony in a criminal trial must be filed within twenty days after arraignment.

View ruleOfficial source Source: page 46, section 17.11.1 Requests for Videotape

When is a filing treated as filed in Erie County Court of Common Pleas, General Division?

The Clerk must not accept a civil complaint unless it meets the requirements of Rules 1.01 and 1.02. Not yet verified. Check the linked order.

View ruleOfficial source Source: page 7, section Rule 1 - Pleadings and other papers