Franklin County Court of Common Pleas Filing Timing and Cure Windows

A compliant pretrial statement must be filed two weeks before trial.

Pre-trial Statements in accordance with Local Rule 41.04 are required and must be filed two weeks prior to trial.

A motion in limine must be filed at least 28 days before trial unless extraordinary circumstances are shown.

Motions in Limine must be filed at least 28 days before trial absent a showing of extraordinary circumstances.

A response to a motion in limine is due 14 days after the motion is filed.

Responses are due 14 days after the motion in limine is filed.

Proposed agreed jury instructions must be sent to the staff attorney two weeks before trial.

Proposed Agreed Jury Instructions must be sent to the Staff Attorney two weeks prior to the trial date.

Deadline

7 business days

Unless the pretrial order sets an earlier date, trial counsel must meet in person about case-specific jury instructions no later than seven business days before trial.

Unless an earlier date is specified in a pretrial order in your case, all trial counsel are obligated to meet and confer in person about the case-specific parts of the jury charge no later than 7 business days before the start of trial.

Chambers normally gives counsel 30 days after settlement notice to file a final entry or stipulation of dismissal, with more time for probate approval or other unusual circumstances; failure to file timely may result in dismissal from the active docket.

Normally a formal notice will be sent by chambers confirming settlement, and advising that counsel have 30 days to file a final Entry or stipulation of dismissal. In matters requiring approval from the Probate Court or other unusual circumstances, more time will be allotted. If the final Entry or stipulation is not timely received, the Court will dismiss the case from the active docket, pursuant to Local Rule 25.03.

The deadlines in the Original Case Schedule are binding except for the Trial Assignment Date.

Unless and until the Original Case Schedule is amended, the deadlines set forth therein (except the Trial Assignment, discussed later) are binding on the parties.

A motion seeking leave to file a long brief is due no later than seven days before the brief is due.

Remember, a motion for leave to file a long brief must be filed no later than seven days prior to the time for filing the brief.

A late motion for leave to file a long brief must show cause and excusable neglect and address the delay; excusable neglect will not be presumed.

A motion filed after that deadline has passed must show cause for the requested leave and excusable neglect for the delay in seeking it. Civ. R. 6(B)(2). The Court will not presume excusable neglect when considering such late-filed motions, and the Court will generally deny such motions if they fail to even acknowledge or address the movant’s tardiness.

Deadline

24 hours

The Joint Final Pretrial Statement must be filed at least 24 hours before the Final Pretrial Conference.

Joint Final Pretrial Statement must be filed with the Court no later than 24 hours before the Final Pretrial Conference itself.

A motion in limine must be filed at least seven days before trial.

Motions in Limine must be filed at least seven days before trial.

A response to a motion in limine is due three days after filing.

Responses are due three days after the motions are filed.

A complete set of proposed jury instructions must be submitted before the first day of trial.

The parties must submit a “complete” set of proposed jury instructions to the Court before the first day of trial.

After receiving notice of settlement, the Court will order the parties to file an entry of dismissal within thirty days.

When the Court receives notice that a case has been settled, the Court will, by order, give the parties thirty days to file an entry of dismissal of the case.

Deadline

30 calendar days

Motions in limine are discouraged and require good-faith discussion and certification of reasonable resolution efforts; they must be filed 30 days before trial unless a final pretrial order sets a different date.

Motions in limine are discouraged. They may be filed only after good faith discussion by Counsel and upon certification that reasonable efforts to resolve the issue(s) were exhausted. All motions in limine shall be filed 30 days prior to the trial date or, if a final pre-trial order is entered, by the date set forth in that order.

Deadline

14 calendar days

A docketed list of deposition objections requiring rulings must be filed at least 14 days before trial.

A list of the deposition objections that need to be ruled upon shall also be filed to the docket at least 14 days prior to the start of trial.

Deadline

14 calendar days

Proposed jury instructions, interrogatories, and verdict forms are due at least 14 days before trial, unless a final pretrial order sets a different date.

Proposed jury instructions, interrogatories, and verdict forms should be filed to the docket, and emailed to the Staff Attorney in Microsoft Word format, at least 14 days prior to the start of trial or by the date set in the final pre-trial order, if one is entered.

Deadline

14 calendar days

Motions in limine may be filed only after a good-faith effort to resolve the issues and no later than 14 days before trial.

Motions in Limine may only be filed after a good faith effort to resolve issues between counsel, and must be filed no later than fourteen (14) days before trial

Deadline

7 calendar days

Responsive briefs to motions in limine must be submitted no later than 7 days before trial.

responsive briefs must be submitted no later than seven (7) days before trial.

Motions in limine must be filed at least seven days before trial unless extraordinary circumstances are shown.

Motions in Limine must be filed at least 7 days before trial absent a showing of extraordinary circumstances.

Responses to a motion in limine are due three days after the motion is filed.

Responses are due 3 days after the motion in limine is filed.

After settlement, chambers normally gives counsel 30 days to file a final entry or stipulation of dismissal.

Normally a formal notice will be sent by chambers confirming settlement, and advising that counsel have 30 days to file a final Entry or stipulation of dismissal.

After settlement, counsel generally have 30 days to file a final entry or stipulation of dismissal, and failure to do so may result in dismissal from the active docket under Local Rule 25.03.

Normally, a formal notice will be sent by the Court confirming settlement, and advising that counsel have 30 days to file a final Entry or stipulation of dismissal. If the final Entry or stipulation is not timely received, the Court will dismiss the case from the active docket pursuant to Local Rule 25.03.

The pretrial statement must be filed three days before the final pretrial conference.

Pre-trial Statements in accordance with Local Rule 16.04 are required and must be filed three days prior to the Final Pre-Trial Conference.

Unless the Court orders otherwise, a motion in limine must be filed at least 14 days before trial, absent extraordinary circumstances.

Unless the Court otherwise orders, Motions in Limine must be filed at least 14 days before trial absent a showing of extraordinary circumstances.

A response to a motion in limine is due seven days after the motion is filed.

Responses are due 7 days after the motion in limine is filed.

Counsel must confer on joint jury instructions, interrogatories, and verdict forms and email Word-format documents to the staff attorney three days before trial.

Counsel shall confer and attempt to agree upon joint jury instructions, interrogatories, and verdict forms and send them to the staff attorney in Word Format via email three days before trial.

If counsel cannot agree on joint jury instructions, one draft with highlighted differences must be emailed to the staff attorney three days before trial.

If counsel do not agree upon joint jury instructions, one draft shall be submitted to the staff attorney via email, with differences highlighted, three days before trial.

Unless a case-specific order changes the deadlines, responses to civil or criminal motions and reply memoranda must be filed within the periods in Civ. R. 6(C).

Unless a different period is set by order in a specific case, responses to a civil or criminal case motion, and any reply memoranda, shall be filed within the time periods set forth in Civ. R. 6(C).

A discovery motion under Civ. R. 26(C) or 37 must be accompanied, contemporaneously, by copies of the disputed portions of the relevant documents.

If relief is sought under Civ. R. 26(C) or Civ. R. 37 concerning any interrogatories, requests for production or inspection, or requests for admissions, copies of the portions of the documents which are in dispute shall be filed with the Court contemporaneously with any such discovery motion.

A motion seeking leave to exceed the memorandum or brief page limits must be filed no later than seven days before the brief-filing deadline.

A motion for leave to file a memorandum or brief in excess of the page limitations set forth in 12.01 and 12.02 above shall be made no later than seven days prior to the time for filing the brief.

Unless the Trial Judge directs otherwise, counsel prevailing in a decision, order, decree, or judgment must prepare and submit the proper journal entry to opposing counsel within five days.

Unless the Trial Judge otherwise directs, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, shall within five days thereafter prepare the proper journal entry and submit it to the counsel for the adverse party

Adverse counsel must approve or reject the submitted journal entry within three days after receipt.

who shall approve or reject the entry within three days after receipt.

If counsel fails to present an entry within 20 days after the decision, order, decree, or judgment, the Trial Judge must cause the proper entry to be prepared and filed without notice to counsel or take other appropriate action.

If counsel fails to present any entry within 20 days after the decision, order, decree, or judgment is rendered, the Trial Judge shall cause the proper entry to be prepared and filed without submission or notice to counsel or take such other action as may be appropriate under the circumstances.

Counsel must promptly submit an entry of dismissal to the Trial Judge after settling any case.

Counsel shall promptly submit an entry of dismissal to the Trial Judge following settlement of any case.

If counsel does not present the dismissal entry within 20 days after notifying the Trial Judge of settlement, the Trial Judge may dismiss the case for want of prosecution.

If counsel fails to present such an entry to the Trial Judge within 20 days after representation to the Trial Judge that a case has been settled, the Trial Judge may order the case dismissed for want of prosecution.

Pre-trial statements must be submitted and filed by the pre-trial conference date if one is set, or fourteen days before trial otherwise.

All pre-trial statements shall be submitted and filed with the Court by the date of the pre-trial conference, if set, or fourteen days prior to trial.

Counsel must email proposed jury instructions to the judge's staff attorney as an attachment fourteen days before trial.

Counsel shall prepare proposed jury instructions and forward them as an email attachment fourteen days prior to the trial date to my staff attorney.

All motions in limine must be filed and emailed to the judge's staff attorney thirty days before trial.

All motions in limine shall be filed thirty days prior to the trial date, and shall also be emailed to my staff attorney.

A party intending to use a PowerPoint presentation during opening statements must submit it to the Court for approval fourteen days before trial.

Any party intending to use a power-point presentation during opening statements shall submit a copy of their presentation to the Court for its approval, 14 days before the trial date.

A Local Rule 41.04 pretrial statement is required and must be filed two weeks before trial.

Pre-trial Statements in accordance with Local Rule 41.04 are required and must be filed two weeks prior to trial.

A motion in limine must be filed at least 28 days before trial unless extraordinary circumstances are shown.

Motions in Limine must be filed at least 28 days before trial absent a showing of extraordinary circumstances.

A response to a motion in limine is due 14 days after the motion is filed.

Responses are due 14 days after the motion in limine is filed.

Deadline

7 business days

Unless a pretrial order sets an earlier date, trial counsel must confer in person about case-specific jury instructions no later than seven business days before trial.

Unless an earlier date is specified in a pretrial order in your case, all trial counsel are obligated to meet and confer in person about the case-specific parts of the jury charge no later than 7 business days before the start of trial.

Chambers normally sends a settlement notice giving counsel 30 days to file a final entry or stipulation of dismissal; extra time may be allowed for unusual matters, and failure to file timely may result in dismissal from the active docket.

Normally a formal notice will be sent by chambers confirming settlement, and advising that counsel have 30 days to file a final Entry or stipulation of dismissal. In matters requiring approval from the Probate Court or other unusual circumstances, more time will be allotted. If the final Entry or stipulation is not timely received, the Court will dismiss the case from the active docket, pursuant to Local Rule 25.03.

If no final pre-trial conference is scheduled, the joint pre-trial statement must be filed no later than 14 days before trial.

Upon request and pursuant to Local Rule 16, counsel shall file a joint Pre-Trial Statement on or before the date of the final pre-trial conference. Counsel must appear in person for the final pre-trial. If no final pre-trial conference is scheduled, then counsel shall file the joint pre-trial statement no later than 14 days before trial.

Motions in limine must be filed at least 14 days before trial unless extraordinary circumstances are shown.

Motions in limine must be filed at least 14 days before trial, absent a showing of extraordinary circumstances.

After notice of settlement, the parties have 20 days to finalize the settlement and submit the appropriate dismissal or settlement entry.

Upon notice of settlement the Court will file a Settled Entry to Follow Order, allowing the parties 20 days to finalize settlement and submit the appropriate dismissal/settlement entry.

An unacceptable or missing attorney certification causes the dispositive motion to be overruled and the case scheduled for trial within 90 days.

Where no certification is submitted, or where the submitted certification is not acceptable to the court, the dispositive motion will be overruled and the case will be scheduled for trial within ninety days.

If no final pretrial is scheduled, counsel must file the joint pretrial statement no later than 14 days before trial.

If no final pre-trial is scheduled, then counsel shall file the joint pre-trial statement no later than fourteen (14) days before trial.

Leave of court must be obtained before filing a motion or memorandum that is out of rule or beyond the case-management schedule deadline.

It is necessary to obtain leave of court prior to filing a motion or memorandum out of rule or beyond the deadline set in the Case Management schedule.

A stipulation among counsel cannot change any deadline without court approval.

No stipulation among counsel will change any deadline absent court approval.

If the required certification is missing or unacceptable, the dispositive motion will be overruled and the case scheduled for trial within 90 days.

Where no certification is submitted, or where the submitted certification is not acceptable to the court, the dispositive motion will be overruled and the case will be scheduled for trial within ninety days.

Motions in limine must be filed at least 14 days before trial unless extraordinary circumstances are shown.

Motions in limine must be filed at least 14 days before trial, absent a showing of extraordinary circumstances.

Motions in limine must be filed with the court three days before trial.

Motions in Limine: Motions in Limine shall be filed with the court three days before trial.

Deadline

3 business days

Applies to

Motion in limine

Motions in limine must be filed no later than three business days before trial.

Motions in limine shall be filed no later than three (3) business days prior to trial.

Applies to

Proposed jury instructions

Proposed jury instructions must be submitted no later than two days before closing arguments.

The parties shall submit proposed jury instructions no later than two (2) days prior to closing arguments.

The clerk stopped accepting facsimile filings in the listed civil case types on the specified final dates.

As of the dates listed below, the Clerk stopped accepting any documents for filing via facsimile in these case types: Civil Case Type Last Day for Facsimile Filings Foreclosure (E) October 21, 2011 Professional Tort (A) November 14, 2011 Product Liability (B) November 14, 2011 Personal Injury (C) November 16, 2011 Other Civil (H) November 23, 2011 (including Commercial Docket (H4) and cognovit, excluding civil stalking or sexually-oriented offense protection orders (H2)) Workers’ Compensation (D) November 30, 2011 Administrative Appeals (F) November 30, 2011 Complex Litigation (G) November 30, 2011 MS, JG, JG1, JG2, EX, LP case types December 7, 2011 (except for petitions for court-ordered motor vehicle and watercraft titles, and garnishment proceedings)

An accepted electronic submission is generally deemed filed on the receipt date and time shown in the confirmation, but submissions after 11:59 p.m. on a Friday or the business day before a court holiday are deemed filed the following business day.

The confirmation notice shall also inform the e-Filer that, if the document is accepted for filing, the date and time reflected in the confirmation notice shall serve as the date and time of filing, unless the document was submitted for filing after 11:59 p.m. on a Friday or after 11:59 p.m. on a business day before a Court holiday. In that case, the document will be deemed filed on the following business day.

An accepted document receives an electronic stamp showing the transmission and receipt date and time, which generally becomes its filing date and time subject to the stated exceptions.

If a document submitted for e-Filing has been accepted by the Clerk after Clerk Review, the document will receive an electronic stamp. This stamp will include the date and time that the filer transmitted the document to the e-Filing System (i.e., date and time of receipt outlined in Section A above). Subject to the exceptions noted in Section F below, the date and time reflected on the electronic stamp shall become the filing date and time for that document.

A document rejected after Clerk Review does not enter the court record; the filer must refile it, and the original submission timestamp becomes void.

In the event the Clerk rejects a submitted document following Clerk Review, the document shall not become part of the official Court record and the e-Filer will be required to re-file the document to meet necessary filing requirements. Once a submitted document is rejected, the date and time associated with its initial submission to the Clerk of Courts, which would have been the date and time on the timestamp in the event the document was accepted for filing, becomes void.

An accepted document submitted after 11:59 p.m. on a Friday or the business day before a court holiday is deemed filed the following business day despite retaining the original submission time on its electronic stamp.

If a document is submitted for e-Filing after 11:59 p.m. on a Friday or after 11:59 p.m. on a business day before a Court holiday, and that document is then accepted for filing after Clerk Review, the document shall be deemed to have been filed on the following business day, even though the electronic stamp on the document will bear the date and time of submission of said document.

Court documents signed electronically are deemed filed as of the date and time the Clerk receives them through the e-Filing System.

Any documents submitted for e-Filing by the Court, after having been signed electronically, shall be deemed to have been filed as of the date and time of receipt of the same by the Clerk through the e-Filing System.

Judicial electronic filings constitute filing upon complete receipt by the Clerk, even though Clerk review and acceptance may delay posting to the Court’s CMS and DMS.

Although such filings must still be reviewed and accepted by the Clerk, which may delay the posting of the signed, time-stamped image of the documents onto the Court’s CMS and DMS, the electronic transmission of a document with an electronic signature by a Judge or Magistrate, executed and submitted in compliance with procedures outlined herein, shall, upon the complete receipt of the same by the Clerk, constitute filing of the document for all purposes of the Ohio Civil Rules, Ohio Criminal Rules, Rules of Superintendence, and the Local Rules of this Court.

Motions requesting withdrawal of properties from Sheriff’s Sales must be filed by 5:00 p.m. on the Thursday before the sale.

motions requesting that properties be withdrawn from Sheriff’s Sales shall be filed no later than 5:00p.m. on the Thursday prior to the Sheriff’s Sale to allow for sufficient time for the motions and proposed orders/entries to follow the process outlined above.

A Court document electronically signed by a judge or magistrate constitutes filed when the Clerk completely receives it.

The electronic transmission of a document that has been electronically signed by a Judge or Magistrate in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk, constitute filing of the document for all purposes of the Ohio Civil Rules, Ohio Criminal Rules, Rules of Superintendence, and the Local Rules of this Court.

The earliest restitution-hearing date in the summons must be the first available Thursday at least 14 days after filing, or a later non-holiday Thursday.

The earliest date contained in the summons for the restitution hearing shall be either the first available Thursday 14 days after the filing of the complaint, or any Thursday thereafter that is not a legal holiday.

A filer may petition the court, upon satisfactory proof, to have a document deemed filed on its electronic submission date when a Clerk error prevented timely filing.

In the unlikely event that user error on the part of the Clerk prevents a document from being timely filed, the filer may, upon satisfactory proof, petition the Court for an order permitting the document to be deemed filed as of the date it was electronically submitted.

After a filer-end technical problem, the filer may seek a court order deeming the document filed on its electronic submission date upon satisfactory proof.

A filer who cannot submit a document electronically because of a problem on the filer’s end may, upon satisfactory proof, petition the Court for an order permitting the document to be deemed filed as of the date it was electronically submitted.

Filers unable to submit electronically because of an officially acknowledged outage are deemed timely if they submit by the next business day.

Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an officially acknowledged system outage, shall be deemed to have timely submitted their filings.

Joint proposed jury instructions, interrogatories, and verdict forms are due to the staff attorney no later than one week before trial.

The joint proposed jury instructions, interrogatories and verdict forms shall be submitted to the staff attorney in MS Word format no later than one week prior to the trial date.

A motion in limine must be filed no later than one week before the trial date.

Motions in limine shall be filed no later than one week prior to the trial date.

A filing submitted to the Clerk’s Office may take up to three days to reach Chambers.

When a filing is submitted to the Clerk’s Office, the filing does not instantaneously reach Chambers and could take up to three days to be received. Please consider this when timely attention is needed to your filing.

Except under Local Rules 21 and 55, motions generally are not reviewed until 28 days after filing under the procedure specified by Local Rule 21.

Except as provided in Local Rules 21 and 55, briefing of motions is controlled by Local Rule 21. Accordingly, motions are generally not reviewed until 28 days after they are filed.

Motions generally are not reviewed until 28 days after filing.

Accordingly, motions are generally not reviewed until 28 days after they are filed.

The Court generally does not review a motion until 28 days after filing.

Accordingly, motions are generally not reviewed until 28 days after they are filed.

Once approved by counsel, the entry must be signed and presented to the Trial Judge and, if signed by the judge, filed with the Clerk.

When the entry is approved by counsel, it shall be signed and presented to the Trial Judge for approval, and if signed by the Trial Judge, shall then be filed with the Clerk.

A filing submitted to the Clerk's Office may take as long as three days to reach Chambers.

When a filing is submitted to the Clerk’s Office, the filing does not instantaneously reach Chambers and could take up to three days to be received.

Except under Local Rules 21 and 55, motions generally are not reviewed until 28 days after filing.

Except as provided in Local Rules 21 and 55, briefing of motions is controlled by Local Rule 21. Accordingly, motions are generally not reviewed until 28 days after they are filed.

Proposed jury instructions should be submitted to defense counsel, the bailiff, and the staff attorney no later than the second day of trial.

Proposed jury instructions should be submitted to defense counsel and to the Court’s bailiff and staff attorney by no later than the second day of trial.

More time to submit the settlement dismissal entry will be allowed when Probate Court approval or other unusual circumstances require it.

In matters requiring approval from the Probate Court or other unusual circumstances, more time will be allotted.

A request for leave to file a motion late may jeopardize the trial date and may be denied on that basis alone.

Leave to file motions late in a case may jeopardize the trial date and may be denied for that reason alone.

The submitting attorney or filer receives a judicial-decline notice when a proposed consolidation order is declined.

The attorney/filer who submits a proposed consolidation order will receive a “judicial decline” notice associated with the order.

After a judicial decline, the filer must review the stated reason and comply with any accompanying instructions when necessary.

The attorney/filer shall then check the noted reason for the decline and comply with the provided instructions, if necessary.

Incorrect, corrupt, or unreadable e-filing submissions are rejected, and the filer is notified to resubmit.

A document that is incorrectly submitted for e-Filing (e.g., as a result of entering a wrong case number, attaching an incorrect PDF file to a submission for e-Filing, or where the electronic file is corrupt or unreadable) will be rejected and the filer will be notified of the error(s) and the need to re-submit.

After a document is docketed, only the Clerk’s office may correct docket errors; the filer cannot modify an accepted document.

Once a document is submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk’s office. A filer cannot make changes to any document once it has been submitted and accepted for filing.

A technical failure occurs when the e-Filing site cannot accept filings for more than one hour after 10:00 a.m. that day.

The Clerk shall deem the e-Filing System to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day.

For a known or anticipated outage, the Clerk must post an official outage alert on both the Clerk’s and e-Filing websites.

If the system outage is known and/or anticipated ahead of time, the Clerk’s Office shall post a message on the Clerk’s website and the e-Filing website, alerting filers of a possible system outage. Said message shall constitute an official acknowledgment of a system outage that may have prevented some filers from submitting their filings within a certain timeframe.

Deadline

24 hours

After an unexpected outage, the Clerk must post an acknowledgment on the Clerk’s website, using reasonable efforts to post within 24 hours or by noon the next business day.

If the system outage is unexpected, the Clerk’s Office shall post a message on the Clerk’s website once the outage has been resolved. Said message shall constitute an official acknowledgment of a system outage that may have prevented some filers from submitting their filings within a certain timeframe, as identified in the message. All reasonable efforts shall be made to post such a message within 24 hours of a resolved system outage or no later than 12:00 p.m. on the next business day after an unexpected system outage.

A filing submitted to the Clerk's Office may take several days to reach Chambers.

When a filing is submitted to the Clerk’s Office, the filing does not instantaneously reach Chambers and could take several days to be received.

The e-Filing System must send the filer a confirmation when an electronic filing is received.

Upon receipt of an electronic document submitted for filing, the e-Filing System shall issue to the e-Filer a confirmation that the submission has been received.

The submission confirmation must state the receipt date and time and serve as proof of receipt.

The confirmation notice shall include the date and time of receipt and shall serve as proof of receipt of the submission.

The Clerk must later notify the e-filer whether the submission was accepted or rejected for docketing and filing.

An e-Filer will receive subsequent notification from the Clerk indicating that the submission has been accepted or rejected by the Clerk’s office for docketing and filing into the Court’s Case Management System.

After the clerk confirms review and acceptance for e-filing, a non-party filer need not retain a paper copy of the electronically submitted document.

Notwithstanding any entity-specific rules or statutes pertaining to records retention that may state otherwise, the non-party filer need not keep a paper copy of the electronically submitted document once the non-party filer received confirmation from the Clerk that the document has been reviewed and accepted for e-Filing.