Fremont Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

The time of filing is the date and time the electronic filing was received.

(4) Time of Filing - means the date and time the electronic filing was received.

CRITICAL

Although the electronic filing service is available at all times, filings must be completed during regular court hours; documents received outside those hours are deemed received for filing the next business day.

(a) The electronic filing service shall be available twenty-four (24) hours per day, seven (7) days a week. All electronic filing of documents must be completed during the regular court hours as set out in these rules. Any document received outside of those regular hours shall be deemed received for filing the next business day.

CRITICAL

Fax-submitted documents are considered filed when the clerk stamps them with the date and time; the fax machine's timestamp does not count as the clerk's stamp.

All documents submitted will be considered filed when date/time has been stamped by the clerk. For the purposes of this section, the date/time stamp produced by the facsimile machine shall not constitute the date/time stamp of the clerk.

CRITICAL

The motion must be docketed before the proposed journal entry is submitted to the Judge, and the entry must identify the case number by reference.

(b) The motion shall be docketed prior to submitting the proposed journal entry to the Judge, and the proposed journal entry shall contain, by reference, the case number of the case.

CRITICAL

A filer may submit a corrective filing later, but it is a new filing and does not relate back to the original attempt.

A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document.

WARNING

When the Clerk’s receiving device receives a complete document, the filer receives a transaction number and the filing date is displayed upon successful transmission.

(a) A transaction number will be assigned to each document when it is received in its entirety by the receiving device of the Clerk. The transaction number and the date of filing will be displayed on the screen of the filer's computer, upon successful transmission of the document.

WARNING

After the Clerk successfully completes acceptance processing, an electronic filing is file-stamped with the date and time the Clerk’s receiving device received the entire transmission.

(a) Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically file stamped. (b) This stamp will include the date and time that the receiving device of the Clerk of Court received the entire transmission.

WARNING

A filing party cannot amend the documents or docket entry after the transaction is accepted.

(b) The system does not permit a filing party to amend the documents) or docket entry once the transaction has been accepted.

WARNING

The Clerk’s office may deem the website to have a technical failure if it cannot accept filings continuously or intermittently during any period.

(a) The Clerk of Court's office may deem the website to be subject to a technical failure on any given day if the website is unable to accept filings continuously or intermittently over the course of any period of time.

INFO

A filing party whose filing is affected by a technical failure of the Court’s system or site, or by a problem on the filer’s end, may seek appropriate relief from the Court.

(c) A filing party whose filing is made ultimately as a result of a technical failure of the Court's system or site, or as a result of the problems on the filer's end, may seek appropriate relief from the Court.

INFO

A settlement entry may be filed at any time.

Entries of settlement may be filed at any time.

CRITICAL

To use the waiver procedure, an eligible individual must act within the time specified in the citation.

A person (but not an organization as defined in Section 2901(D) of the Ohio Revised Code) charged with a traffic or criminal violation waiverable under Ohio Traffic Rule 13, or under administrative order of the court may, in lieu of appearance in court and within the time specified in the citation, appear personally at the clerk's office, sign a waiver of trial, plead guilty in writing, and pay the stated fine and costs established by the administrative order of the court.

CRITICAL

After possession is determined in a forcible entry and detainer case with a second claim for money damages, the defendant must answer within 28 days after service of the complaint.

When a second cause of action has been filed alleging money damages, after the issue of possession of premises has been determined, the case will be continued for defendant to answer within twenty-eight (28) days from service of the complaint.

CRITICAL

If the court receives a defendant's answer within 28 days, the civil assignment clerk must schedule a hearing.

If the Court receives an answer from the defendant(s) within twenty-eight (28) days, a hearing shall be scheduled by the civil assignment clerk.

CRITICAL

A civil case on the regular docket without a proceeding for six months is subject to dismissal after written notice unless good cause is shown.

Any civil case which is on the regular docket for six (6) months, or any small claims case which is on the small claims docket for four (4) months without a proceeding taken therein, shall be dismissed for want of prosecution after written notice has been sent to counsel or parties, unless good cause is shown why such dismissal should not be affected.

CRITICAL

The journal entry must be submitted to opposing counsel within five days of the decision.

That entry shall be submitted to opposing counsel within five (5) days of the decision.

CRITICAL

If a promised settlement entry is not received within 30 days, the clerk must notify the party that the case will be dismissed unless the entry is received within a further 30 days.

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

CRITICAL

The jury-trial security deposit must be filed with the clerk at least 10 days before trial.

The security deposit for a jury trial is required to be filed with the clerk's office ten (10) days prior to the jury trial date.

CRITICAL

The completed questionnaire must be returned within 10 days of receipt.

You will find with this letter a questionnaire, to be completed and returned to the Court in the enclosed self-addressed stamped envelope within ten (10) days from the date you receive it.

CRITICAL

After the clerk notifies counsel that a case has defaulted, prevailing counsel must submit a default-judgment application within 15 days or the case will be dismissed.

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

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 a case not set for trial has had no action for six months, the clerk must notify the party that it will be dismissed within 30 days unless good cause is shown.

(4) 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 thirty (30) days unless good cause is shown.

CRITICAL

Plaintiff's counsel must file a trial brief with the clerk at least 20 days before trial.

In any civil jury case, counsel for plaintiff must file a trial brief with the clerk at least twenty (20) days before the date of trial.

CRITICAL

A settlement may avoid trial without an entry, but the entry must be filed within 30 days or the case will be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of any entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

CRITICAL

E-filers are responsible for meeting applicable time limits, submitting compliant documents, and allowing enough time for filing, clerk review, and any necessary resubmission; noncompliant documents may be rejected, not docketed, and not filed.

(c) E-filers must always be aware of the statute of limitations, the savings statute, and similar time limits. It is solely the e-filer's obligation to submit only documents which fully comply with court rules, policies, procedures, and practices. Documents which do not fully comply may be rejected, not docketed, and not filed. The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

CRITICAL

A subpoena praecipe must be filed at least 10 days before trial for the clerk to process the subpoena.

The clerk of court shall process subpoenas from a praecipe, filed at least ten (10) days in advance of the trial date.

CRITICAL

An attorney or party challenging the authenticity of an electronically filed document or signature must file an objection within ten days after receiving the notice of electronic filing.

(b) Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

A non-filing signatory or party disputing the authenticity of a multi-signature electronic filing or its signatures must file an objection within ten days after receiving the electronic filing notice.

(1) A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

For the specified distracted-driving violations, the course-completion certificate must be submitted no later than 90 days after the violation date.

For violations of R.C. 4511.204 - Texting and Driving and 4511.991 - Distracted Driving, the deadline to submit the certificate showing successful completion of the Distracted Driving Safety Course is on or before ninety (90) days following the violation date.

CRITICAL

A criminal or traffic defendant must file a jury demand with the clerk by the stated 10-day or 3-day deadline or waive a jury trial.

A defendant shall be tried by the court unless a jury demand has been filed with the clerk of court. The demand must be filed at least ten (10) days before the trial date is set or three (3) days after notice of the trial date is received, or the defendant is deemed to have waived the right to jury trial.

CRITICAL

A jury in a forcible entry and detainer action must be demanded within the time set by Ohio Revised Code Section 1923.10.

In forcible entry and detainer actions, a jury must be demanded within time specified by Ohio Revised Code Section 1923.10.

CRITICAL

The journal entry must be submitted to the judge within 15 days of the decision; otherwise, 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

A jury demand must be filed no later than three days before the trial date.

A demand for trial by jury under Section 1923.10 of the Ohio Revised Code shall be filed no later than three (3) days before the trial date.

CRITICAL

Reply briefs must be filed with the clerk at least 10 days before trial.

Reply briefs must be filed with the clerk of court at least ten (10) days before the date of trial with copies certified to all opposing counsel or unrepresented parties.

WARNING

In civil cases other than forcible entry and detainer actions, either party may demand a jury within the time set by Ohio Civil Rule 38.

In a civil case, other than forcible entry and detainer actions, either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure.

WARNING

The trial date will be set as close as possible to 14 days after filing.

The trial date will be set as close to fourteen (14) days from the date of filing as possible.

WARNING

After service is perfected, failure to submit an entry within three months may result in dismissal.

Upon perfection of service, the clerk shall notify counsel and a failure to submit an entry within three (3) months may result in the case being dismissed.