Franklin Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

Motions must be filed within the time limits set by the Ohio Rules of Criminal Procedure.

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

CRITICAL

A summons must be issued forthwith upon filing the complaint.

Upon the filing of a complaint, summons shall be forthwith issued, signed by the Clerk of deputy and shall bear the seal of the court.

CRITICAL

Notice of a change in plea is due by 3:00 P.M. on the day preceding trial.

All attorneys shall notify the court by 3:00 P.M. of the day preceding their trial of any change in plea or jury costs will be attached to their case.

WARNING

Upon filing a Small Claims complaint, it must immediately be set for a trial date.

Upon the filing of the complaint the complaint shall be immediately set for a trial date.

CRITICAL

In computing time to perform an act, exclude the first day and include the last, unless the last day is a Sunday or holiday, in which case exclude it and count the next day.

The time within which an act is required to be done shall be computed by excluding the first day and including the last, except when the last day falls on a Sunday or a holiday, in which case it shall be excluded and the next day counted. Civ. R. 6.

CRITICAL

Opposing memoranda are due within fourteen days after service of the motion, after which the motion is deemed submitted.

The opposing memoranda shall be filed not later than fourteen days from service of the motion after which time the motion will be deemed submitted to the court.

CRITICAL

Opposing counsel must approve or reject the journal entry within five days.

Opposing counsel shall approve or reject the entry within five (5) days.

CRITICAL

If the defendant cannot be located, the plaintiff must provide a proper address within ten days after the Court mails notice or the claim will be dismissed.

If the defendant cannot be located at the address given to the court by the plaintiff, the court will notify the plaintiff by mail of its inability to serve the defendant and the claim will be dismissed unless a proper address is provided within ten days.

CRITICAL

In appearance cases, a jury demand must be filed on appearance day or within 10 days afterward.

In appearance cases, the demand for a jury shall be filed on appearance day, or within 10 days thereafter.

CRITICAL

Motions to suppress or dismiss must be set for an oral hearing within 15 days after filing.

2. All such motions filed in this court shall be set for oral hearing within fifteen (15) days of the date of such filing

CRITICAL

Counsel for the prevailing party must prepare an entry within five days; adverse counsel must approve or reject it within five days after receiving it.

Counsel for the party in whose favor a decision, order or judgment, is rendered shall prepare an entry within five days and submit the same to counsel for the adverse party who shall approve or reject the entry within five days.

CRITICAL

For a represented party, default judgment may be granted only after a request to plead has been filed within seven days and counsel has failed to respond during the ensuing seven days.

Where a party is represented by counsel, default judgment may be granted against said party forthwith only after the expiration of one request to plead within seven days has been filed and the seven days has passed without response from counsel.

CRITICAL

If opposing counsel does not provide and return the entry within three days, the entry is submitted to the judge for approval.

If opposing counsel fails to provide and return the entry within three days, it shall be submitted to the Judge who will approve the entry in the form he considers proper.

CRITICAL

The journal entry must be submitted to the judge within 15 days of the decision; after that, the court will prepare it.

Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge, or, thereafter, the court will prepare the journal entry.

CRITICAL

In answer cases, filing the jury demand with the pleadings is preferred, but it must be filed no later than seven days after the original answer.

In answer cases, the demand for jury shall preferably be filed with the pleadings or in any event shall be filed not later than seven days after the original answer is filed.

CRITICAL

Deadline

3 working days

A request for a view of the scene must be made at least three working days before trial, unless good cause is shown and the court approves an exception.

C. View of Scene: Any attorney in any case, civil or criminal, shall be authorized to request a view of the scene; however, such request must be made in writing at least three working days before trial, unless there is good cause shown for not doing so and same is approved by the court.

CRITICAL

A pleading after a decision or motion is due on the tenth day after the entry is filed, unless the court grants more time for good cause.

The rule day for filing a pleading after a decision or motion shall be the tenth day after the entry is filed, unless for good cause shown a longer time is granted by court.

CRITICAL

When requested by a party or the court, the plaintiff or moving party must submit a brief within ten days after the last day of trial.

When requested by a party or by the court, briefs shall be submitted to the Judge by the plaintiff or moving party within ten days, and within twenty days by the opposing party after the last day of trial.

CRITICAL

A defendant withdrawing a jury-trial request must file the withdrawal at least five days before trial and may be charged court costs for a late cancellation.

If the defendant demands a jury trial and the request for trial by jury is withdrawn, it must be filed at least five days prior to the date of such trial, or the defendant may be required to pay court cost resulting from late cancellation of the jury.

CRITICAL

A settlement entry may be filed at any time, and settlement may avoid trial without an entry initially, but an entry 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. The avoidance of trial by settlement shall be allowed without the 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

After service is perfected, counsel must submit an entry within fifteen days to avoid possible dismissal.

Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.

CRITICAL

A witness-subpoena praecipe must be filed at least five days before trial, excluding intervening Saturdays, Sundays, and holidays.

The praecipe for the subpoena of witnesses shall be filed not later than five days, excluding intervening Saturdays, Sundays and holidays before the trial date.

CRITICAL

After the clerk notifies counsel that the case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.

Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default. Prevailing counsel shall submit the application for default judgment within fifteen (15) days or the case will be dismissed for want prosecution.

CRITICAL

A civil case meeting either stated six-month inactivity condition will be dismissed for want of prosecution unless the court continues it on the docket by entry for good cause and on prescribed terms.

Civil cases in which nothing has been done for six months to bring them to issue, or which, being at issue six months or more, remain on the docket untried and without a trial request will be dismissed for want of prosecution, unless continued on the docket by entry, for good cause shown and upon such terms as the court shall prescribe.

CRITICAL

Counsel for the prevailing party must prepare a journal entry and submit it to opposing counsel within five days of the decision.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision.

CRITICAL

Deadline

24 hours

In traffic and misdemeanor cases with a citation, unless the defendant is incarcerated, the affidavit must be filed with the Clerk of Courts at least 24 hours before the appearance.

In all traffic and misdemeanor cases where a citation has been issued, except where the defendant is incarcerated, the affidavit shall be filed with the Clerk of Courts at least twenty-four hours prior to the time for appearance.

WARNING

For computing time, the 90 calendar days following judgment are considered within term; time after that is considered after term.

There shall be no term of Court, but in accordance with O.R.C. Sec. 1901.29 for the purpose of computing time, 90 calendar days following judgment shall be considered within term and time thereafter shall be considered after term.

WARNING

If a case not set for trial has had no action for six months, the clerk will notify the party that it will be dismissed within one week unless good cause is shown.

If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.

WARNING

If an answer requests affirmative relief, the opposing party may file a jury demand with a timely reply.

If an answer requests affirmative relief, the opposing party may file a demand at the time the reply is filed, provided such reply is filed within the time required by the rule of this Court.

WARNING

Small Claims petitions may be filed on any day of the week during normal business hours.

Small Claims petitions shall be filed any day of the week during the normal business hours.

WARNING

If a settlement entry has not been received within thirty days after the file is marked for it, the party has ten days after notice to submit the entry before dismissal.

When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.

WARNING

In cases not covered by the represented-party rule, default judgment may be taken before the judge any time after default occurs.

In all other cases default judgment may be taken before the Judge at any time after the default occurs.

INFO

Counsel desiring to submit briefs on the issues to be raised at trial, may do so on or before two (2) days prior to trial.

Counsel desiring to submit briefs on the issues to be raised at trial, may do so on or before two (2) days prior to trial.