Euclid Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

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

H. Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed as of the date and time the Clerk time-stamps the document received, rather than as of the date and time of the fax transmission.

WARNING

If a fax is sent without the required cover-page information, the Clerk may file it or place it among failed documents, in which case it is not considered filed.

E. In the event a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may file and enter the document in the docket and file the document, or deposit it in a file of failed documents with the notation of the reason for failure. In the later event, the document shall not be considered filed with the Clerk.

WARNING

The Clerk's office is deemed open to receive fax filings on regular Court business days and during the times specified in Rule 1.

The Clerk's office shall be deemed open to receive facsimile transmission of documents on the days that the Court is regularly open for business and during the times set forth in Rule 1.

CRITICAL

When default judgment is available because the defendant failed to answer or appear, the plaintiff’s failure to demand default judgment within 60 days after notice of default constitutes cause for dismissal for want of prosecution.

In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure of such party to make demand for judgment by default under Rule 55(A) of the Ohio Rules of Civil Procedure within sixty (60) days from the time that plaintiff has notice of defendant's . default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.

CRITICAL

If a party timely files objections, any other party may file objections no later than 10 days after the first objections are filed.

If any party timely files objections, any other party may also file objections not later than ten days after the first objections are filed.

CRITICAL

Unless the Court orders otherwise, summary-judgment motions must be heard without oral argument on briefs and authorized Rule 56(C) materials within 45 days after service on the opposing party.

Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and other material authorized by Civil Rule 56 (C) without oral argument within forty-five (45) days after service of the motion upon opposing party.

CRITICAL

Responses to summary-judgment motions must be served and filed within 28 days after service, unless the Court orders otherwise.

Responses to motions for summary judgment shall be served and filed within twenty-eight days after service of the motion unless otherwise ordered by the Court.

CRITICAL

Settlement entries may be filed at any time and need not be filed immediately, but must be filed within 30 days or the case will be dismissed for want of prosecution.

Entries of settlement may be filed at any time. Settlements are encouraged and shall be allowed without the immediate 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

When the judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to purchase a writ.

where the judgment is more than thirty (30) days old but less than sixty (60) days old, plaintiff must file a Motion for Leave to Purchase a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

Unless the Court orders otherwise, a missing exhibit must be filed separately within five days after fax transmission; failure may result in the Court striking the document or exhibit.

(1). Unless otherwise directed by Court order, the missing exhibit shall be filed as a separate document not later than five (5) days following the transmission of the fax document. Failure to file the same may result in the court striking the document and /or exhibit in its sole discretion.

CRITICAL

A party may file objections to the Magistrate’s Decision within seven days after it is filed.

A party may file objections to the Magistrate's Decision in a Forcible Entry and Detainer case within seven (7) days of the filing of the Magistrate's Decision.

CRITICAL

A written jury-trial demand in a forcible-entry-and-detainer action must be filed at least 7 days before the hearing date.

A written demand for a jury trial on a forcible entry and detainer action must be filed with the Court not less than seven (7) days prior to the date set for hearing on the action.

CRITICAL

A case becomes eligible for default judgment 45 days after the complaint is filed if no answer has been filed.

A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed.

CRITICAL

A party may file written objections to the Magistrate’s Decision within 14 days, as described in Ohio Civil Rule 53.

Each party may file objections to the Magistrate's Decision within fourteen (14) days in writing as described in Ohio Civil Rule 53.

CRITICAL

If the settlement entry is not received within twenty days, the Clerk must notify the plaintiff that the case will be dismissed unless the entry is received within ten days.

If the entry has not been received within twenty (20) days, the clerk shall notify the plaintiff that the case will be dismissed, unless the entry is received within ten (10) days.

CRITICAL

A media-permission request must be submitted as early as reasonably practical and at least 30 minutes before the proceeding, unless the Judge permits otherwise.

A. Any requests for permission to broadcast, record, photograph or televise Courtroom proceedings shall be submitted in writing to the Clerk of Court as far in advance as is reasonably practical, but in no event later than one half (1/2) hour prior to the start of the proceedings sought to be broadcast or photographed, unless otherwise permitted by the Judge.

CRITICAL

The objecting party must file the transcript within seven days after the Magistrate’s Decision is filed.

The objecting party shall file the transcript within seven (7) days of the filing of the Magistrate's Decision.

CRITICAL

An application for an extension of time must be filed no later than one day before the due date.

Applications for extensions of time shall be filed no later than one (1) day prior to the due date.

CRITICAL

All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion. A brief in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time. Motions requiring immediate attention will be ruled on earlier.

All briefs in opposition other than briefs in opposition to summary judgment, shall be filed and served within fourteen days after service of the motion. A brief in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. All motions, other than motions for summary judgment, will be considered submitted at the end of the fourteen (14) day period unless the Court has extended the time. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time. Motions requiring immediate attention will be ruled on earlier.

CRITICAL

A file removed from the Clerk's Office must be returned within 24 hours of removal.

Any files removed from the Clerk of Court's office shall be returned to said office within twenty-four (24) hours of removal.

CRITICAL

Responses to written motions other than summary-judgment motions must be served and filed within 14 days after service, unless the Court orders otherwise.

Responses to a written motion, other than motions for summary judgment, shall be served and filed within fourteen days after service of the motion unless otherwise ordered by the Court.

CRITICAL

An order in aid of execution must set the parties’ attendance date at least ten days after the order.

The order in aid of execution shall provide for the attendance of the parties named therein on a date not less than ten (10) days from the date of such order.

CRITICAL

Summary-judgment opposition briefs must be filed within twenty-eight days after service; the motion is considered submitted at the end of that period unless the Court extends the time.

All briefs in opposition to summary judgment shall be filed and served within twenty-eight days after service of the motion. Motions for Summary Judgment will be considered submitted at the end of the twenty-eight (28) day period unless the Court has extended the time.

WARNING

If the Court determines trial briefs are necessary, it may set their submission date no later than seven days before trial.

The Court may determine the necessity for trial briefs and schedule a date no later than seven (7) days prior to the trial for their submission.

WARNING

A movant may serve and file a reply within seven days after service of the response to a written motion.

A movant's reply to a response to any written motion may be served and filed within seven days after service of the response to the motion.