Girard Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

The Clerk reviews e-Filing submissions from 8:00 am to 4:00 pm Monday through Friday, excluding holidays and emergency closures, and reviews later submissions on the next business day(s).

The Clerk will only be available to review e-Filing submissions during normal business hours, Monday through Friday from 8:00 am to 4:00 pm, excluding holidays and other emergency closures. Submissions transmitted after these hours will be reviewed in the normal course of business on next business day(s).

CRITICAL

A Rule 56 summary judgment motion is deemed submitted to the judge 17 days after filing, and that date is called the hearing date.

All motions for summary judgment filed pursuant to Rule 56 of the Ohio Rules of Civil Procedure shall be deemed submitted to the judge seventeen (17) days thereafter and referred to as the “hearing” date.

CRITICAL

A submission is not accepted until Clerk review and acceptance, and Registered Users should account for possible delays or rejection and submit compliant documents.

Registered Users should keep in mind that a document submitted for e-Filing is not "accepted" until it has been reviewed and accepted by the Clerk. It is the responsibility of a Registered User to submit only documents which comply with the Court rules, policies and procedures. Registered Users should take into consideration the possibility that there may be a delay or rejection of a submission when filing.

WARNING

If Clerk review finds a document unacceptable for filing, it will be rejected and the Registered User will receive an email notification.

Upon Clerk Review, if a document is deemed unacceptable for filing, it will be rejected and an e-Mail notification shall be sent to the Registered User.

WARNING

The Clerk is not responsible for missed deadlines, statutes of limitations, or other negative effects due to a Systemic Error.

Since the Clerk will permit the filing of paper document during a Systemic Error, the Clerk shall not be held responsible for any missed deadlines; statutes of limitations or other negative effects due to a Systemic Error.

WARNING

The clerk must deliver a motion to the judge within one day after filing, and the judge must rule within seven days thereafter unless a responsive pleading is filed or leave to file one is granted.

The clerk of Court shall deliver any motion to the judge within one (1) day after the filing and the judge shall enter his ruling thereon within seven (7) days thereafter, unless a responsive pleading is filed or the Court grants leave for a responsive pleading to be filed.

WARNING

The clerk must check the docket 14 days after service to determine whether service was perfected on all parties.

Fourteen (14) days after service, the clerk shall check the docket to determine whether service was perfected on all parties.

CRITICAL

A jury-trial demand in a forcible-entry-and-detainer case must be filed at least three days before trial.

A demand for a jury trial in forcible entry and detainer cases shall be made in writing and filed with the clerk’s office not less than three (3) days prior to the date of trial.

CRITICAL

Formal discovery must begin promptly after the defendant files an answer and, unless the court orders otherwise, must be completed by the 120th day following that filing.

Formal discovery shall begin promptly upon the filing of the Defendant’s Answer consistent with Ohio R. Civ. P. 26 and, unless so ordered otherwise by the Court, shall be completed by the one hundred twentieth (120th) day following the filing of the answer.

CRITICAL

A party who wishes to object to a magistrate’s decision must do so within 14 days after the decision is filed.

Either party who is not satisfied with the magistrate’s decision has a right to object within fourteen (14) days after the filing of the magistrate’s decision.

CRITICAL

Such judgment entry shall be presented to the court no later than ten (10) days after the parties reported to the court that the case had been settled. Should counsel fail to present such entry within the ten (10) day period, the court may, in its discretion, dismiss all causes of action therein for failure to prosecute.

Such judgment entry shall be presented to the court no later than ten (10) days after the parties reported to the court that the case had been settled. Should counsel fail to present such entry within the ten (10) day period, the court may, in its discretion, dismiss all causes of action therein for failure to prosecute.

CRITICAL

Registered Users are responsible for meeting applicable time limits, deadlines, statutes of limitations, and savings statutes.

Registered Users are responsible for time limits, deadlines, statutes of limitations and savings statutes.

CRITICAL

A qualifying defendant may plead guilty, waive trial, and pay by credit or debit card online or at the window within seven days after the ticket is issued.

Within seven days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violation bureau may enter his plea of guilty to the offense, waive his right to trial, and pay the total amount of the fine and costs with a credit and/or debit card either over the internet or at the window.

CRITICAL

When directed by the court, prevailing counsel in a civil case must prepare and submit a judgment entry to opposing counsel within 10 days, unless the court extends the time.

When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decreed is entered in a civil case shall, within ten (10) days thereafter, unless the time is extended by the court, prepare an appropriate Judgment Entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after its receipt and may in case of rejection, file objections thereto in writing with the court.

CRITICAL

When a complaint includes a forcible-entry-and-detainer count, the clerk must set that count within the time prescribed by law and set the breach-of-contract count more than 30 days afterward.

Upon the filing of a complaint which includes a count in forcible entry and detainer, the clerk shall bifurcate the hearings in the small claims court by way of setting the forcible entry and detainer count within the time prescribed by law and setting the breach of contract count more than 30 days thereafter.

CRITICAL

A defendant’s failure to answer within 28 days after service triggers the default-judgment procedure.

In the event a party defendant fails, refuses and/or neglects to answer a complaint within twenty-eight (28) days after service, the plaintiff or plaintiff’s counsel shall file a motion for default judgment within a period of forty-five (45) days thereafter and the failure to do so may result in the court sua sponte dismissing plaintiff’s action against the defendant.

CRITICAL

A motion to withdraw must be filed more than 10 days before the next scheduled appearance date.

Said motion shall be filed more than ten (10) days before the next scheduled appearance date

CRITICAL

A small-claim hearing must be set between 15 and 40 days after filing.

The law requires that all small claim hearings shall be set no less than fifteen (15) days nor more than forty (40) days after the date of the filing.

CRITICAL

A party entitled to default judgment must apply to the trial judge in writing or orally within 45 days after the defaulting party should have pleaded or otherwise defended.

When a party against whom a judgment for affirmative relief is sought, has failed to plead or otherwise defend as provided by the civil rules, the party entitled to a judgment by default shall promptly apply in writing or orally to the trial judge within forty-five (45) days after the date upon which the defaulting party should have plead or otherwise defended.

CRITICAL

A qualifying defendant may plead guilty, waive trial, and pay the fine and costs in person or by mail within seven days after the ticket is issued.

Within seven (7) days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violations bureau may do either of the following: (a) Appear in person at the traffic violations bureau, sign a plea of guilty and waiver of trial provision of the ticket, and pay the total amount of the fines and costs; (b) Sign the guilty plea and waiver of trial provision of the ticket and mail the ticket and money order, or other approved form of payment for the total amount of the fine and costs to the traffic violation bureau.

CRITICAL

Traffic camera cases must be concluded within six months after filing with the Clerk of Court.

All traffic camera cases shall be concluded within six (6) months from the date of filing with the Clerk of Court.

CRITICAL

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

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

CRITICAL

A summary judgment motion may not be filed after the dispositive motion date set at the initial pretrial hearing unless the court determines that good cause exists.

No motion for summary judgment shall be filed in any case after the dispositive motion date set at the initial pre-trial hearing unless the court, for good cause, determines otherwise.

WARNING

A ticket is purged if the plaintiff takes no action within six months after filing.

6) The ticket is purged after no action by the Plaintiff within six months from the date of filing.

WARNING

Cases with no activity or proceedings for six months are subject to dismissal after notice to counsel, except cases awaiting trial assignment or where good cause is shown.

The clerk shall pull all cases where there has been no activity for a period of six (6) months. Cases that have been on the docket for six (6) months without any proceedings taken in the case, except cases awaiting trial assignment, shall be dismissed after notice to counsel of record, for want of prosecution, unless good cause is shown to the contrary.