Greene County Court of Common Pleas, General Division Filing Timing and Cure Windows

Fax and email submissions are considered filed only when the Clerk stamps the date and time, with receipt time determined by the fax machine imprint or email message timestamp.

The date and time of receipt of a faxed document is the date and time imprinted on the document by the facsimile machine receiving the transmission. The date and time of receipt of an emailed document is the date and time contained in the email message. Documents submitted by facsimile or email transmission will be considered filed only when the date and time has been stamped by the Clerk.

For an indigent party whose filing passes Clerk Review, the pleading or document is deemed filed on the date it was received.

If the court finds the party is indigent, the pleading or document submitted shall be deemed to have been filed the date it was received provided the Clerk’s Review found it to be in compliance with the court’s rules, policies, procedures, and practices.

The filing date is the day the pleading or document was submitted through e-filing.

B. The date of filing will be the day the pleading/document was submitted by e-filing.

The Clerk accepts an electronically filed document only after review determines that it complies with applicable court rules, policies, procedures, and practices.

C. The Clerk of Court shall accept any pleading or document filed by e-filing in any e-file case after the Clerk Review has determined it to be in compliance with the court rules, policies, procedures, and practices.

A noncompliant electronic filing is rejected, the filer is notified of the deficiency, and the filer has two business days to correct it.

D. If any document submitted electronically does not comply with the applicable court rules, policies, procedures, and practices, it will not be accepted by the Clerk for filing and the Clerk shall notify the filer of the deficiency or reason. The filer shall have two (2) business days to correct the deficiency in the filing.

An electronic filing not accepted by the case-management system is not a valid submission or filing, and failure to correct a deficiency may result in striking the document.

D. An attempted filing that is not accepted by the case management system shall not be considered as a valid submission or filing. Failure to correct the deficiency shall be grounds for the pleading or document to be stricken from the file.

The court will set a deadline for filing the written transcript of a videotaped deposition.

A. The Court shall set a deadline by which a written transcript of the videotaped deposition shall be filed.

All counsel of record and each unrepresented party must arrange the 26(F) conference, attempt in good faith to agree on a proposed discovery plan, and file the report within 14 days after the conference.

All counsel of record and each unrepresented party are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for filing the 26(F) report with the court within 14 days after the conference.

After the pretrial scheduling conference, the court must issue a scheduling order within 60 days of a defendant’s response or 90 days of service, whichever occurs sooner.

At the conclusion of the pretrial scheduling conference, the court shall issue a scheduling order within 60 days after any defendant has responded to a complaint or 90 days after any defendant has been served, whichever is sooner.

A party-requested amended case management order must be promptly filed and served on every other party.

The amended case management order shall be promptly filed and served on all other parties.

When a bankruptcy proceeding stays this court’s proceedings, counsel must file a notice of bankruptcy and submit an order staying proceedings.

If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel shall file with the Court a notice of bankruptcy and submit an order staying proceedings as provided by the provisions of 11 U.S.C. 362.

After a bankruptcy action permits the case to proceed, counsel must immediately notify the court and submit an amended schedule extending deadlines for the length of the stay and designating a trial date.

Counsel shall immediately notify the Court of any action of the Bankruptcy Court which would permit the Court to proceed with the case and submit an amended case schedule extending the deadlines by the length of the stay, designating a trial date

The Rule 26(F)(3) discovery plan must be filed no later than seven days before the scheduling conference.

RULE 26(F)(3) DISCOVERY PLAN _______________________________ (to be filed not later than seven (7) days prior to scheduling conference and within 14 days after the discovery Defendants(s) conference is held)

A memorandum in opposition must be filed and served within 14 days after notice of the motion, or within 28 days when opposing a motion for summary judgment.

Be filed and served within fourteen (14) days from the time notice of the motion was received, unless responding to a motion for summary judgment, in which case the memoranda shall be filed and served within twenty eight (28) days from the time notice of the motion was received.

A reply memorandum must be filed within seven days after notice of the opposition memorandum is received.

The reply brief must be filed within seven (7) days from the time notice of the opposing party’s memorandum in opposition to the motion was received.

Counsel must notify the court of a settlement and present a termination entry for approval within 30 days.

Counsel shall notify the Court if a case is settled and present a termination entry for approval within thirty (30) days.

An entry ordering consolidation must be filed with the clerk within five days after the court grants consolidation.

When two or more cases are consolidated, an entry ordering consolidation shall be filed with the Clerk of Courts within five (5) days of the Court granting the consolidation.

The Notice of Remand is due within 10 days after the appellate decision is issued.

Such a notice shall take the form of a Notice of Remand, to be filed with the Clerk of this Court within ten (10) days after the appellate decision is issued and accompanied by a copy of that decision.

The required post-federal-remand filing must be made within 10 days after issuance of the remand order.

within ten (10) days after the remand order is issued, the party who removed the action or his/her/its attorney of record shall be responsible for filing with the Clerk of this Court: (1) a complete copy of the case docket from the federal court, (2) copies of all pleadings filed in the federal court, and (3) copies of all substantive decisions issued by the federal court while the matter was pending there.

Counsel must file a Certificate of Service of Notice of Sale Date with the Clerk at least 14 days before the scheduled sale, identifying the service date and method and the names and addresses of noticed interested parties or counsel.

Not less than fourteen (14) days prior to the scheduled sale date, counsel for the party requesting the sale shall file with the Clerk of Courts a Certificate of Service of Notice 63 ===== PAGE 64 ===== of Sale Date specifying the date and manner of service and the names and addresses of all interested parties or their respective counsel of record who entered an appearance in the case and were sent notice.

Failure to timely file the required certificate of service is grounds for denying confirmation of the foreclosure sale.

Failure to timely file the certificate of service required by this rule shall constitute grounds for denial of the confirmation of sale.

Deadline

24 hours

A scheduled Sheriff’s sale may be cancelled only by court approval on a proper counsel motion filed no later than 24 hours before the sale date.

VII. Once scheduled, the Sheriff’s sale shall only be cancelled by an order of the Court approving the cancellation upon proper motion by counsel filed no later than twenty- four (24) hours prior to the scheduled sale date.

Deadline

14 calendar days

The Certificate of Service of Notice of Sale Date must be filed with the Clerk no later than 14 days before the scheduled sale.

Not less than 14 days prior to the scheduled sale date, the party requesting the sale or the party’s counsel shall file with the Clerk a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required in Subsection (C) of this Rule, the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.

Deadline

10 business days

A prejudiced judgment creditor or lienholder must move to vacate the sale within 10 business days after the sale date.

If the PSO fails to place a remote bid on behalf of a judgment creditor or lienholder to the prejudice of the judgment creditor or lienholder, the judgment creditor or lienholder must file a motion to vacate the sale within 10 business days after the sale date, and the sale shall be vacated.

Within 60 days after appointment, all receivers must apply to the Court for authority to cancel or reject all unprofitable contracts.

Within sixty (60) days after their appointment, all receivers shall apply to the Court for authority to cancel or reject all unprofitable contracts.

Written objections to claims must be filed by the interested party before the Court orders distribution.

All objections to claims must be made in writing and filed by the interested party before distribution is ordered by the Court.

Objections to receiver accounts or court allowances must be filed within 14 days after the account is filed or allowance is made.

All objections to the accounts of receivers or to any allowance made to them by the Court must be filed within fourteen days (14) after the accounts are filed or allowances made.

A receiver must file an affidavit stating that a sale was made for the best obtainable price within 10 days after the sale.

The receiver shall file an affidavit to that effect within ten (10) days after any sale.

A receiver must file a report of receipts and disbursements with the Clerk of Courts within 90 days of appointment and every 90 days thereafter.

2. Within ninety (90) days of the date of their appointment, and every ninety (90) days thereafter, receivers shall file a report of receipts and disbursements with the Clerk of Courts.

The initial appellant brief is due within 40 days after the later of filing the notice of appeal or filing the transcript, and failure to timely file the memorandum and assignment of errors may result in dismissal.

Unless otherwise ordered by the assigned Judge, or set by the governing statute or the Ohio Rules of Superintendence, all briefs shall be filed as follows: A. The appellant shall file an initial brief including any and all claims of error, memorandum, and all other essential papers within 40 days after the notice of appeal has been filed or the filing of the transcript, whichever is later. No initial brief of appellant or cross-appellant shall exceed twenty-five (25) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court. Failure to file a memorandum and assignment of errors within the requisite period of time may result in dismissal of the appeal. B. Counsel for the appellee shall file an answer brief, if any, within 30 days after service of appellant’s memorandum. No answer brief of appellee or cross-appellee shall exceed twenty-five (25) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court. C. Appellants may file reply brief within 14 days after appellee’s memoranda have been served. Except upon prior leave of the Court, no reply brief shall exceed ten (10) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any. Reply briefs shall be restricted to matters in rebuttal of the answer brief.

All criminal motions must be timely filed under the Ohio Rules of Criminal Procedure, and untimely motions may be summarily denied.

I. All motions shall be timely filed under the Ohio Rules of Criminal Procedure. Untimely motions may be summarily denied. This includes Motions for Intervention in Lieu of Conviction and Motions to Suppress.

A responsive pleading or memorandum may be filed within 14 days after the motion is filed, unless the Court modifies that period.

III. A responsive pleading or memorandum may be filed within fourteen (14) days of the date of the filing of the motion, unless otherwise modified by the Court.

The proponent of the first-filed motion may file a reply memorandum within 7 days after the opposition memorandum is filed, unless the Court modifies that period.

The proponent of the first filed motion may file a reply memorandum within seven (7) days of the date of filing of the memorandum in opposition, unless otherwise modified by the Court.

The Rule 26(F)(3) discovery plan must be filed no later than seven days before the scheduling conference.

RULE 26(F)(3) DISCOVERY PLAN _______________________________ (to be filed not later than seven (7) days prior to scheduling conference and within 14 days after the discovery Defendants(s) conference is held)

A party challenging another party's identified expert witness must file a motion in limine before the final pretrial conference, setting forth the supporting facts and law.

Prior to the final pretrial conference, a party that wishes to challenge the qualifications of an expert witness identified by another party must file a Motion in Limine setting forth the facts and law in support of the Motion to disqualify the expert from testifying.

Deadline

30 calendar days

Within 30 days, successful bidders may notify the Court of a title defect and move to set aside the sale.

The successful bidder(s) may, within the 30-day period, notify the Court of the defect and move the Court to set aside the sale.

Failure to timely file the required certificate of service may result in denial of confirmation of the sale.

Failure to timely file the certificate of service required by this Subsection shall constitute grounds for denial of the confirmation of sale.