Fulton County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

The Clerk reviews electronically filed documents; only accepted documents are filed, docketed, and time-stamped, while rejected submissions do not become part of the Court record.

c) Clerk Review: The Clerk reviews all electronically filed documents for compliance with court rules, policies, procedures and practices. After review, the document becomes accepted, pending or rejected. Only accepted documents will be filed, docketed and time stamped. If the submission is rejected, the document shall not become part of the Court record.

CRITICAL

An accepted submission is deemed filed upon acceptance and receives an electronic stamp showing when the filer submitted it.

d) Official Time Stamp: Upon acceptance, the submission will be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-filing system.

CRITICAL

After filing the initial plan and report, the receiver must file updates at least semi-annually.

After filing the first plan and report, the receiver shall file updated plans and reports no less often than semi-annually.

CRITICAL

Pleadings from self-represented litigants must be reviewed by the Judge, Magistrate, or designee before the Clerk time-stamps them.

All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate or his/her designee before being time-stamped by the Clerk.

CRITICAL

The QDRO must be prepared as soon as possible after the final hearing for submission to the Court.

The QDRO shall be prepared as soon as possible following the final hearing for submission to the Court.

WARNING

The e-filing system must issue a receipt confirmation stating the date and time received, which serves as proof of receipt.

b) Receipt: Upon receipt, the Court’s e-filing system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

WARNING

E-filers must allow sufficient time for filing, clerk review, and any necessary resubmission.

The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

WARNING

To assist in the prompt and efficient administration of justice, the Court may require self- represented litigants to attend a free pro se clinic (copy costs may apply) before filing any documents with the Clerk of Courts.

To assist in the prompt and efficient administration of justice, the Court may require self- represented litigants to attend a free pro se clinic (copy costs may apply) before filing any documents with the Clerk of Courts.

WARNING

The Clerk must file a received Notice Confirming Qualification in the public file.

When the Clerk receives Notice Confirming Qualification, it shall be filed in the public file.

INFO

Filings may be submitted electronically to the Clerk at any time, including 24 hours a day, seven days a week.

a) Submission: Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.

CRITICAL

If service fails, the serving party must file further written instructions within 30 days.

In the event of failure of service, the serving party must file further written instructions within thirty (30) days).

CRITICAL

Electronic filing does not alter or extend applicable statutes of limitation.

Electronic filing does not alter or extend applicable statutes of limitation.

CRITICAL

Counsel must submit covered judgment entries and compromise dismissal orders within 28 days after notice of settlement, unless the Court agrees otherwise.

2. Judgment entries and orders of dismissal by compromise prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.

CRITICAL

If counsel does not respond within 14 days, preparing counsel must submit the entry or order and a letter to the Court with the specified certification.

5. If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court with the following certification: I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO , COUNSEL FOR PLAINTIFF/ DEFENDANT, ON THE DAY OF , 20 AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.

CRITICAL

If counsel cannot agree on an entry or order within 28 days of the original submission, both drafts must be submitted to the Court.

6. If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court. The Court may adopt either entry, make its own entry, or set a date for a hearing on the proposed entries.

CRITICAL

When no other law or rule sets the deadline, a response must be filed and served within 14 days after service of the paper requiring a response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.

CRITICAL

A reply to a response must be filed within seven days after service of the response.

Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.

CRITICAL

The settlement memorandum must be submitted 10 days before the settlement pretrial conference.

Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.

CRITICAL

Plaintiffs’ counsel must submit a proposed judgment entry confirming the sale within 30 days of the sale.

Plaintiffs counsel shall submit proposed judgment entry confirming sale within thirty (30) days of the sale.

CRITICAL

Plaintiffs’ counsel must file the proposed deed with the Sheriff within 7 days of the order confirming sale.

Plaintiffs counsel shall file the proposed deed with the Sheriff within seven (7) days of the order confirming sale.

CRITICAL

The deed must be filed with the County Recorder within 14 days after payment is received.

The deed shall be filed with the County Recorder within fourteen (14) days of receipt of payment.

CRITICAL

The first receivership plan and report of activity to date must be submitted no later than two months after the receiver is appointed.

The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.

CRITICAL

An interested party or person may object within fourteen days after service of notice, after which the court may hold a hearing or rule on the record.

If any party or person having an interest in the property to be sold or leased files an objection within fourteen days of sendee of the notice, the court may set the receiver’s request for hearing or may rule based on the material of record.

CRITICAL

The appellee’s brief must be filed within 14 days after service of the appellant’s brief, unless a specific rule, statute, or court order provides otherwise; the schedule does not apply to Child Support Enforcement Agency determinations.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 2. The appellee’s brief shall be filed within fourteen (14) days after service of appellant’s brief; B. This Rule shall not apply to any determinations of the Child Support Enforcement Agency.

CRITICAL

After the enjoined party requests a hearing, the court must schedule a hearing on the merits within ten days; if no request is received, the court must schedule one within three weeks after service.

Upon a filing for a request for hearing by the enjoined party, the court shall schedule a hearing on the merits within ten (10) days. In the event no request for hearing is received, the court shall schedule a hearing within three (3) weeks from the date of service.

CRITICAL

The Guardian ad Litem must prepare and file a written report at least seven days before the final hearing and, in the listed cases, at least seven days before the specified additional hearings.

Pursuant to Sup. R. 48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing and, in abuse, neglect, dependency, unruly and delinquency cases, not less than seven days prior to any initial dispositional healing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition.

CRITICAL

If the Plan Administrator does not file a Notice of Qualification, the parties or their attorneys must file the approval or qualification letter with the Clerk of Courts within 30 days of receipt.

If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualified issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.

CRITICAL

The investigator must file the investigation report at least seven days before the scheduled trial date.

The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date.

CRITICAL

A custody evaluator must file a written report at least 30 days before the final hearing.

A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing.

CRITICAL

Appointed counsel must file the court-provided Affidavit of Indigency/Financial Disclosure within 15 days of the defendant’s arraignment.

Attorneys appointed by the Court to represent an indigent defendant shall be responsible for the filing of the Affidavit of Indigency/Financial Disclosure with the Clerk of Courts on the form provided by the Court within fifteen (15) days of the arraignment of the defendant.

CRITICAL

The attorney must submit the fee application, motion, and judgment entry within 30 days of whichever occurs first: conclusion of the case or termination of the attorney’s services.

Within thirty (30) days of the conclusion of the case of the termination of the attorney’s services, whichever should occur first, the attorney shall submit an application, motion and judgment entry for fees.

CRITICAL

The Court Investigator must provide the written investigation report to the Court at least seven days before trial.

A written report of the investigation shall be provided by the Court Investigator to this Court not less than seven (7) days before trial

CRITICAL

The custody evaluator must submit the completed report at least 30 days before a scheduled final hearing.

Custody Evaluator shall submit a full written report to the Court upon completion of the evaluation. In the event a final hearing date has been set, the report must be submitted at least thirty days before that date.

CRITICAL

The mediator must file a mediation report and make it available to counsel for all parties within 14 days after mediation concludes.

It is further ORDERED, ADJUDGED AND DECREED that within fourteen (14) days after the conclusion of the mediation services the mediator shall file with the Court and make available to counsel for all parties an appropriate mediation report concerning the result of the mediation.

WARNING

The court may stay all filing deadlines for up to 60 days after referring a case to mediation.

Upon referral of a case to mediation, the court may elect to stay all filing deadlines for up to 60 days.

CRITICAL

The appellant’s brief must be filed within 30 days after the administrative agency files the record, unless a specific rule, statute, or court order provides otherwise; the schedule does not apply to Child Support Enforcement Agency determinations.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 1. The appellant’s brief shall be filed within thirty (30) days after the record is filed by the administrative agency; B. This Rule shall not apply to any determinations of the Child Support Enforcement Agency.

CRITICAL

The appellant may file a reply brief within 7 days after service of the appellee’s brief, unless a specific rule, statute, or court order provides otherwise; the schedule does not apply to Child Support Enforcement Agency determinations.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 3. The appellant may file a reply brief within seven (7) days after service of appellee’s brief. B. This Rule shall not apply to any determinations of the Child Support Enforcement Agency.