Hancock County Court of Common Pleas, General & Domestic Relations Divisions Filing Timing and Cure Windows

CRITICALCivil cases

A CQE petition is deemed filed on the day the petitioner personally appears at the Clerk’s office and pays the filing fee.

F. The petition for a CQE shall be deemed filed as of the day the Petition personally appeared in the office of the Clerk of Courts and paid the filing fee.

CRITICAL

A faxed document is considered filed at the date and time the Clerk time-stamps it during regular hours on the next business day, not at the time of fax transmission.

Subject to the provisions of these rules, all documents sent by fax and received by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document during regular hours on the next business day, as opposed to the date and time of the fax transmission that is imprinted by the facsimile machine.

CRITICAL

An electronic filing's effective date and time are when it is received and uploaded to the clerk, as shown by the submitted document's timestamp.

(8) EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT. The date and time the electronic filing was received and uploaded to the clerk of court as noted by the time stamp on the submitted document.

CRITICAL

An electronic filing is considered filed when transmission is complete and any required payment has been successfully tendered.

Any document filed electronically shall be considered as filed with the court when the transmission of the court's electronic filing system is complete ("effective date and time") and payment, if required, has been successfully tendered electronically.

CRITICAL

A document due that day may be electronically filed until 11:59 p.m. Eastern time; a later filing is deemed filed the next day.

Further, on the date on which a document must be filed, the document may be electronically filed up until 11:59 p.m. Eastern Standard Time or Eastern Daylight-Saving Time, whichever is in effect on that date. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight-Saving Time shall be deemed to have been filed on the next day.

CRITICAL

Deadline

2 business days

For an incomplete or noncompliant filing placed in pending status, the filer has two business days to complete it; timely completion may be accepted as effective on the original filing date, while failure to complete results in rejection.

If a filing is found to have any missing element or to not otherwise comply with court rules, policies, procedures and practices, the clerk of courts may place the document in a PENDING status and transmit a notice to the filer. The filer will have two business days to complete the filing. If the filing is completed within two business days, it may be ACCEPTED by the clerk, and the filing will be deemed effective and completed on the date on which it originally was electronically filed. If the filing is not completed within two business days, it will be moved from PENDING status to REJECTED status.

CRITICALCriminal cases

The effective filing date and time is the time the electronic filing is received and uploaded to the clerk, as shown by the submitted document’s timestamp.

(8) EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT. The date and time the electronic filing was received and uploaded to the clerk of court as noted by the time stamp on the submitted document.

CRITICALCriminal cases

An electronic filing is considered filed when transmission is complete and any required payment is successfully tendered.

Any document filed electronically shall be considered as filed with the court when the transmission of the court's electronic filing system is complete ("effective date and time") and payment, if required, has been successfully tendered electronically.

CRITICALCriminal cases

A document due that day may be electronically filed until 11:59 p.m. local Eastern time; a later filing is deemed filed the next day.

Further, on the date on which a document must be filed, the document may be electronically filed up until11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect on that date. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time shall be deemed to have been filed on the next day.

CRITICALCriminal cases

Deadline

2 business days

For a filing placed in pending status for a missing element or noncompliance, the filer has two business days to complete it; timely completion may be accepted as effective on the original filing date, while failure to complete results in rejection.

If a filing is found to have any missing element or to not otherwise comply with court rules, policies, procedures and practices, the clerk of courts may place the document in a PENDING status and transmit a notice to the filer. The filer will have two business days to complete the filing. If the filing is completed within two business days, it may be ACCEPTED by the clerk, and the filing will be deemed effective and completed on the date on which it originally was electronically filed. If the filing is not completed within two business days, it will be moved from PENDING status to REJECTED status.

CRITICAL

For factual objections unsupported by other record evidence, a transcript must be filed within thirty days after objections or within a different period set by the court on extension motion.

The merits of any objections relating to factual findings, without other evidence contained in the record, will not be considered unless a transcript is filed with the court within thirty (30) days after objections are filed or within such period otherwise designated by the court upon motion for extension.

CRITICAL

A response to objections must be filed within fourteen days after the objections are filed.

Any response to objections shall be filed within fourteen (14) days of the filing of the objections.

CRITICAL

A reply to a response to objections must be filed within seven days after the response is filed.

Any reply to a response to objections must be filed within seven (7) days of the filing of the response.

CRITICAL

Supporting transcripts must be filed within thirty days after objections unless the court approves an alternative evidence-review method within that period.

All transcripts supporting the objections shall be filed with the court within thirty (30) days after the filing of objections, unless, with leave of court, an alternative method of reviewing the evidence is approved by the court within that thirty-day period.

CRITICAL

A request for temporary orders must be set for hearing within forty-five days after filing.

Requests for temporary orders shall be set for hearing within forty-five (45) days of filing.

CRITICAL

The effective filing date and time is when the electronic filing is received and uploaded to the clerk, as shown by the submitted document’s timestamp.

(8) EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT. The date and time the electronic filing was received and uploaded to the clerk of court as noted by the time stamp on the submitted document.

CRITICAL

An electronic filing is considered filed when transmission is complete and any required payment has been successfully tendered.

Any document filed electronically shall be considered as filed with the court when the transmission of the court's electronic filing system is complete ("effective date and time") and payment, if required, has been successfully tendered electronically.

CRITICAL

A filer has two business days to complete a filing placed in pending status; timely completion may be accepted with the original filing date, while failure to complete results in rejection.

If a filing is found to have any missing element or to not otherwise comply with court rules, policies, procedures and practices, the clerk of courts may place the document in a PENDING status and transmit a notice to the filer. The filer will have two business days to complete the filing. If the filing is completed within two business days, it may be ACCEPTED by the clerk, and the filing will be deemed effective and completed on the date on which it originally was electronically filed. If the filing is not completed within two business days, it will be moved from PENDING status to REJECTED status.

WARNING

After the objection deadline passes without an objection, the Court rules and serves its order; a timely objection must be set for hearing.

On or after the date and time for filing objections has passed and no objections having been filed, the Court shall rule on the application as it deems proper and serve all interested parties with its order thereon. In the event an objection is timely filed, it shall be set for hearing.

WARNING

The sending party bears the risk of fax transmission and is urged, but not required, to verify that the Clerk received the filing.

2. The sending party bears the risk of transmitting a document by fax to the Clerk. The sending party is urged to verify receipt by the Clerk of a fax filing through whatever means that party deems appropriate.

WARNING

Trustees must account at least every two years and may be ordered to account at other times, including on an interested person’s motion for good cause.

A. Every trustee administering a trust in this Court shall render an account of the administration of the trust at least once each two (2) years. Upon order of the Court on its own motion, or upon the motion of any interested person for good cause shown, the trustee shall render an account at other times.

WARNING

Failure to file the listed appellate materials within the required time establishes good cause for the Court to dispose of the matter for lack of prosecution or otherwise under applicable rules.

C. Failure of the parties to file bills of exception, assignments of error, demand for transcript or briefs within the required time shall establish good cause for the Court to dispose of the matter on the basis of lack of prosecution or otherwise pursuant to Civil Rule 41(B) and such other rules as may be applicable.

WARNING

Electronic filings may be submitted around the clock, but seven-day filing availability does not move a filing date to a day the clerk is closed.

An electronic filing may be submitted to the clerk twenty-four hours a day, seven days a week. Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of courts is not open (that is, on a weekend, legal holiday, or other closure).

WARNING

The clerk reviews filings for compliance and may review electronically submitted data and documents before docketing.

The clerk of courts shall review all filings to determine compliance with applicable court rules, policies, procedures and practices. The clerk may review the data and documents electronically submitted to ensure compliance with court rules, policies, procedures and practices before creating a docket entry or before docketing the case.

WARNING

An e-filed document is not considered a public record until the clerk accepts it after review.

All documents submitted for e-filing shall not be considered a public record until ACCEPTED by the clerk following review.

WARNINGCriminal cases

If a court-controlled system receipt error prevents filing, the court may, upon satisfactory proof, allow filing nunc pro tunc to the date sent electronically.

If the electronic filing is not filed with the court because of an error in the receipt of the document by the court's electronic filing system due to circumstances under the court's or clerk of court's control, the court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically.

WARNINGCriminal cases

If the e-filing interface is nonfunctional for more than one hour, the clerk may post outage information, and the clerk or a judge may require or permit paper filing during the outage.

In the event of a technical failure which renders the clerk of court's eFiling interface non-functional for more than one hour, the clerk may provide notice on its website indicating the anticipated resolution time and what steps filers should take in the interim. At the discretion of the clerk or by order of a judge of the court, these steps may include a period of time where paper filing is required or permitted.

WARNING

The clerk reviews filings for compliance and may conduct that review before creating a docket entry or docketing the case.

The clerk of courts shall review all filings to determine compliance with applicable court rules, policies, procedures and practices. The clerk may review the data and documents electronically submitted to ensure compliance with court rules, policies, procedures and practices before creating a docket entry or before docketing the case.

WARNING

An electronically submitted document is not a public record until the clerk accepts it following review.

All documents submitted for e-filing shall not be considered a public record until ACCEPTED by the clerk following review.

WARNING

For a court-controlled electronic receipt error, the court may, upon satisfactory proof, permit filing nunc pro tunc to the date the document was sent electronically.

If the electronic filing is not filed with the court because of an error in the receipt of the document by the court's electronic filing system due to circumstances under the court's or clerk of court's control, the court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically.

WARNING

If a technical failure disables the e-filing interface for more than one hour, the clerk may post resolution information and interim instructions, which may require or permit paper filing at the clerk’s discretion or by court order.

In the event of a technical failure which renders the clerk of court's eFiling interface non- functional for more than one hour, the clerk may provide notice on its website indicating the anticipated resolution time and what steps filers should take in the interim. At the discretion of the clerk or by order of a judge of the court, these steps may include a period of time where paper filing is required or permitted.

WARNING

If the e-filing system does not generate a notice of electronic filing, the party to be served may be entitled to an order extending the response date or time to perform an act.

If the e-filing system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed.

We could not confirm this summary. Read the court's wording below.CRITICAL?

3. If a document is sent by fax to the Clerk without the cover page information listed above, the document shall not be considered filed with the Clerk and the Clerk shall deposit the document in a file of failed faxed documents with a notation of the reason for the failure. The Clerk may, but is not required to, notify the sending party of a failed fax filing.

Summary: A fax document missing required cover-page information is not considered filed and is placed in the failed-fax file; the Clerk may notify the sender but need not do so.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Such questionnaires are returnable to the Clerk of Courts, by personal or mail delivery, on or before 10:00 a.m. on the seventh (7) day following the filing of the proceeding.

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B. In matters that necessitate a demand or request directed to an agency as a prerequisite to the preparation and filing of a transcript of a record of the agency, such demand or request shall be filed by the appellant with the agency at the time of filing the notice of appeal.

We could not confirm this summary. Read the court's wording below.CRITICAL?

In the event that the submitted document is REJECTED by the clerk following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.

Summary: A rejected document is not filed or part of the official record, and the filer must resubmit it to satisfy filing requirements or deadlines.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Criminal cases

In the event that the submitted document is REJECTED by the clerk following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.

Summary: A document rejected by the clerk is not filed or part of the official record, and the filer must resubmit it to satisfy filing requirements and deadlines.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Further, on the date on which a document must be filed, the document may be electronically filed up until11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect on that date. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time shall be deemed to have been filed on the next day.

Summary: On the filing deadline date, electronic filings may be made until 11:59 p.m. Eastern time; filings after that are deemed filed the next day.

We could not confirm this summary. Read the court's wording below.CRITICAL?

In the event that the submitted document is REJECTED by the clerk following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.

Summary: A document rejected by the clerk is not filed or part of the official record, and the filer must resubmit it to meet filing requirements or deadlines.

We could not confirm this summary. Read the court's wording below.WARNING?

Upon receipt of a filing, the court's electronic filing system shall issue a confirmation that the filing has been received. The confirmation shall include the date and time of receipt and serve as proof of filing.

Summary: The electronic filing system must issue a receipt confirmation stating the date and time, which serves as proof of filing.

We could not confirm this summary. Read the court's wording below.WARNING?

A filer will receive subsequent notification from the clerk of courts that the filing has been ACCEPTED, placed in a PENDING status, or REJECTED by the clerk's office for docketing and filing into the general division's case management system. Each document will receive an electronic stamp. When the filing is ACCEPTED by the clerk, this stamp will include the date and time that the filer transmitted the document to the court's electronic filing system as well as the unique confirmation number of the filing.

Summary: The clerk notifies the filer whether a submission is accepted, pending, or rejected, and an accepted filing receives a stamp with its transmission time and confirmation number.

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

If the electronic filing is not filed with the court because of an error in the receipt of the document by the court's electronic filing system due to circumstances under the court's or clerk of court's control, the court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc on the date it was sent electronically.

We could not confirm this summary. Read the court's wording below.WARNING?

Criminal cases

Upon the completion of any transmission to the electronic filing system, an electronic receipt shall be issued to the sender acknowledging receipt by the electronic filing system.

We could not confirm this summary. Read the court's wording below.WARNING?

Criminal cases

Upon receipt of a filing, the court's electronic filing system shall issue a confirmation that the filing has been received. The confirmation shall include the date and time of receipt and serve as proof of filing.

We could not confirm this summary. Read the court's wording below.WARNING?

Criminal cases

A filer will receive subsequent notification from the clerk of courts that the filing has been ACCEPTED, placed in a PENDING status, or REJECTED by the clerk's office for docketing and filing into the general division's case management system.

Summary: The filer will be notified whether the clerk accepted, placed in pending status, or rejected the filing for docketing.

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10. Once submitted, this Proposed Order goes to the Clerk to Accept; then the Clerk will place it in the Proposed Orders Que 11. Court staff will then search for Unassigned or Assigned Proposed Orders; 12. The E User filing the Order will receive a notification that it has been accepted by the Clerk or it will be rejected and returned for modifications.

Summary: After submission, the proposed order goes to the Clerk for acceptance and placement in the queue, and the filer is notified of acceptance or rejection for modifications.

We could not confirm this summary. Read the court's wording below.WARNING?

Any extension shall automatically extend any response time by the same period.

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Requests for cameras or recording in the courtroom will be considered in the order of filing.

We could not confirm this summary. Read the court's wording below.WARNING?

Upon the completion of any transmission to the electronic filing system, an electronic receipt shall be issued to the sender acknowledging receipt by the electronic filing system.

We could not confirm this summary. Read the court's wording below.WARNING?

Upon receipt of a filing, the court's electronic filing system shall issue a confirmation that the filing has been received. The confirmation shall include the date and time of receipt and serve as proof of filing.

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

We could not confirm this summary. Read the court's wording below.WARNING?

A filer will receive subsequent notification from the clerk of courts that the filing has been ACCEPTED, placed in a PENDING status, or REJECTED by the clerk's office for docketing and filing into the general division's case management system. Each document will receive an electronic stamp. When the filing is ACCEPTED by the clerk, this stamp will include the date and time that the filer transmitted the document to the court's electronic filing system as well as the unique confirmation number of the filing.

Summary: The clerk notifies the filer whether a filing is accepted, pending, or rejected, and accepted filings receive a stamp with transmission details and a confirmation number.

CRITICALCivil cases

After ODRC determines the electronic petition is complete, the petitioner must appear at the Clerk’s office within 30 days to complete filing and pay a $100 deposit for Hancock County convictions or $150 for convictions in multiple jurisdictions.

After the petition for a CQE has been submitted electronically and is determined to be complete by the ODRC, Petitioner shall appear at the office of the Clerk of Courts, within 30 days of electronic submission, to complete filing and pay a court cost deposit of $100.00 if all convictions are in Hancock County, Ohio, or $150.00 if Petitioner has convictions in multiple jurisdictions.

CRITICALCivil cases

A CQE recipient must report any post-issuance felony arrest or conviction in writing to the Court, filing the report with the Clerk within seven days of the arrest, conviction, or plea.

P. Petitioners who have been granted a CQE by the Court shall have a continuing duty to report, in writing, to the Court any arrest or conviction of Petitioner for a felony offense after the issuance of the CQE. Such reports must be filed with the Clerk within seven days of the arrest or the conviction of, or plea of the felony offense.

CRITICAL

Deadline

5 court days

Missing exhibits must be filed separately within five court days after the fax filing, or the Court may strike the document or exhibit.

as a separate document not later than five (5) court days following the filing of the facsimile document. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this rule.

CRITICAL

A trustee cited for an overdue account must file it within 30 days after service or forfeit compensation, unless the Court finds the delay excusable or reasonable.

D. If a trustee neglects or refuses to file an account when due or ordered by the Court, the Court on its own motion, or upon the application of an interested person, shall issue a citation to such trustee to compel the filing of the overdue account. Should such trustee fail to file an appropriate account within thirty (30) days after being served with such citation, no compensation shall be allowed for the trustee’s services unless the Court finds the late filing was excusable and/or was reasonable under the circumstances.

CRITICAL

Deadline

7 business days

A receiver-appointment hearing must be ordered by entry with notice served on interested parties, and a creditor schedule must be filed within seven business days after the application unless otherwise ordered.

A. When an application is made for the appointment of a receiver, the hearing thereon shall be ordered by an entry and notice served upon interested parties. Unless otherwise ordered, a schedule of secured and unsecured creditors shall be filed with the Clerk of Courts within seven (7) business days from the time the application for a receiver is filed so that the record will show who is an interested party.

CRITICAL

The objection deadline stated in a fiduciary fee application must be at least seven days after the application is filed.

1. File in this Court a written application for such fees, which shall contain notice of the date and time, not less than seven (7) days from the date of filing the application, for objections to the requested fees to be filed with the Court.

CRITICAL

A pretrial memorandum must be filed and served no later than seven days before the date set for trial.

F. Each party shall file and serve a pretrial memorandum, with a courtesy copy to the Judge or Magistrate assigned to hear the case, no later than seven (7) days prior to the date set for trial.

CRITICAL

A motion to show cause must be heard within 30 days of filing, or as soon thereafter as the Court’s docket permits.

C. Motions to show cause shall be heard within thirty (30) days of their filing, or as soon thereafter as the Court’s docket will permit.

CRITICAL

A legal custodian and residential parent intending to move more than 150 miles from the child’s residence must file and serve written relocation notice at least 30 days before moving, although a shorter period may be appropriate in an emergency.

A. If any legal custodian and residential parent of a minor child or children subject to the jurisdiction of the Court intends to move more than 150 miles from the child(ren)’s residence, then such party shall file a written notice of relocation at least 30 days in advance of such removal and serve said notice of relocation upon the other parent. A period of less than 30 days may be appropriate in emergency situations.

CRITICAL

If no objection or hearing request is filed within 30 days after a relocation notice is filed and served on the filing party, Appendix F Standard Order becomes the Court’s order.

C. If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 30 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Appendix F Standard Order shall become the order of the Court.

WARNINGCriminal cases

Electronic filings may be submitted at any time, but this availability does not move a filing date to a day when the clerk's office is closed.

An electronic filing may be submitted to the clerk twenty-four hours a day, seven days a week. Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of courts is not open (that is, on a weekend, legal holiday, or other closure).

WARNING

Seven-day electronic filing availability does not move a filing deadline to a day when the clerk's office is closed.

Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of courts is not open (that is, on a weekend, legal holiday, or other closure).

We could not confirm this summary. Read the court's wording below.CRITICAL?

Civil cases

If the Petitioner files a petition with the court but fails to complete filing by paying the court cost deposit within 30 days, the Court will dismiss the petition for want of prosecution.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Unless otherwise ordered and except in cases of motions for default under Civil Rule 55 and motions for summary judgment under Civil Rule 56, a nonmoving party shall have a period of fourteen (14) days from the filing of a motion in which to file a responsive memorandum with citation to applicable authorities.

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Any reply memorandum shall be filed within seven (7) days after the filing of any responsive memorandum.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Deadline

5 calendar days

the attorney or party shall, within five (5) calendar days of notification, deliver to the Sheriff a check made payable to the newspaper of general circulation in the amount required to publish the notice for the requisite number of days.

Summary: The publication payment must be delivered within five calendar days after notification.

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B. Every such trustee shall render a final account within thirty (30) days after termination of the trust or within such reasonable period of time as the Court may order.

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C. The receiver shall post bond as ordered by the Court and file an inventory not later than thirty (30) days from the appointment. Unless otherwise ordered, the practice prescribed by statute in the administration of decedents’ estates shall be followed as to notice and hearings on exceptions to such inventory and for the filing of all accounts of the receiver.

Summary: A receiver must post bond as ordered and file an inventory within 30 days of appointment; unless otherwise ordered, statutory decedents’ estate procedures govern related notices, hearings, and accounts.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Criminal cases

When "open file" discovery is requested and provided, then, at least seven (7) days prior to the trial of the case, the parties shall formally file documents accurately reflecting all discovery provided to that date.