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

CRITICALCivil cases

The Clerk will not file a journal entry settling a case until all costs are paid.

All journal entries settling cases shall state which party will pay the costs, and said entry will not be filed by the Clerk until all costs are paid.

CRITICAL

A fax filing is considered filed when the Juvenile Clerk time-stamps it during regular hours, not when the fax machine records its transmission.

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

CRITICALCivil cases

The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.

The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.

CRITICALCivil cases

Without a required deposit, a complaint or other new-case opening document will not be accepted; another pleading will be accepted but no action will be taken until the deposit is received.

If a deposit is required but not submitted for a complaint or other document to open a new case, the filing will not be accepted, if a pleading other than the complaint, the pleading will then be accepted for filing but no action will be taken thereon until the deposit is received by the Court.

CRITICALCivil cases

A guardian with ten or more wards must file the annual document by January 31 of each year.

To assist the Court in meeting its supervisory responsibilities under Sup.R. 66.05(B) and in satisfaction of the responsibilities arising under Sup.R. 66.08(H) by January 31 of each year, a guardian with ten or more wards through the probate court shall file with this Court a document that includes a listing of the guardian’s wards, the case number and the appointing Court.

CRITICAL

A facsimile filing is effective when the Clerk of Court accepts it for filing.

Effective date and time of filing means the date and time that a facsimile filing is accepted by the Clerk of Court for filing.

CRITICAL

An accepted fax filing is considered filed at the date and time the Clerk time-stamps receipt, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

CRITICAL

Completed protection-order forms must be filed with the Clerk before 2:30 p.m. daily.

The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.

CRITICAL

A document’s 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.

EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT- The date and time the electronic filing was received and uploaded to the Clerk of Courts as noted by the time stamp on the submitted document.

WARNING

The person filing by fax bears all transmission risks, including equipment failure.

The person making the facsimile filing shall bear all risk of transmitting a document by facsimile, including all risk of equipment failure.

WARNING

Defective fee motions are returned to appointed counsel or the Guardian ad Litem for an opportunity to remedy the defect.

Defective *Motions* shall be returned to the court appointed attorney and/or *Guardian ad Litem* to provide them the opportunity to remedy the defect.

WARNINGCivil cases

A complaint received by facsimile while the Court is closed is deemed received on the next day the Court is open.

Complaints received by facsimile on the days the Court is closed shall be deemed to have been received on the next day the Court is open.

WARNING

If fax cover-page information is missing, the Clerk may either file the document or place it in the case file with a notation, in which case it is not considered filed.

If a document is sent by fax to the Clerk of Courts without the cover page information listed above, the Clerk may, at its discretion: a. Enter the document(s) in the case docket and file the document(s). b. Deposit the document(s) in the case file with a notation of the reason for the non-filing. In this instance, the document shall not be considered filed with the Clerk of Courts.

WARNING

Clerk staff review electronically submitted documents for compliance before creating a docket entry or docketing the case.

A review of electronically filed documents by the Clerk of Courts staff shall be conducted in accordance with court rules, policies, procedures and practice. The clerk or deputy clerks will 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.

CRITICALCivil cases

The final judicial report must be filed at least ten days before judgment.

A final judicial report shall be filed in the proceeding at least ten days prior to the date of judgment.

CRITICALCivil cases

The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds must be filed within 30 days after the sale.

P. A Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall be filed within thirty (30) days of the real estate sale.

CRITICALCivil cases

Counsel must submit a default entry within ten days of notification that service has been perfected, or the case may be dismissed.

B. Upon perfection of service, Counsel shall be required to submit a default entry within ten (10) days of notification, otherwise the case may be dismissed.

CRITICALCivil cases

The opposing party may serve and file opposing affidavits before the hearing date.

The opposing party, prior to the day of hearing may serve and file opposing affidavits.

CRITICALCivil cases

A summary-judgment motion is considered submitted on the scheduled hearing date or the date of a continuance granted in writing by the Court.

Oral arguments shall be considered waived unless any party requests oral arguments in writing, and the motion shall be considered submitted on the date scheduled for the hearing or any continuance of the hearing granted in writing by the Court.

CRITICALCivil cases

The prevailing party’s counsel must submit the journal entry to opposing counsel within five days of the Court’s decision.

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

CRITICALCivil cases

Opposing counsel must approve or reject the journal entry within five days after receiving it.

Opposing counsel shall approve or reject the entry within five (5) days thereafter.

CRITICALCivil cases

The journal entry must be submitted to the judge within 15 days of the Court’s decision; afterward, the Court may prepare its own entry.

Within fifteen (15) days of the Court's decision, the journal entry shall be submitted to the judge, or, thereafter, the Court will be free to prepare its own journal entry.

CRITICALCivil cases

The parties may settle without appearing if they file an entry reflecting the settlement within 30 days of the trial date.

The avoidance of trial by settlement of the parties shall be allowed without appearance so long as an entry reflecting the settlement of the case is filed within thirty (30) days of the date set for trial.

CRITICAL

Applies to

Jury trial demand

A jury-trial demand must be written and filed with the Clerk by the later of ten days before trial or the third day after notice of the trial date is received.

The defendant shall be tried by the Court unless said party demands a jury trial. Such a demand must be in writing and filed with the Clerk of this Court not less than ten (10) days prior to the date set for trial, or on or before the third (3rd) day following receipt of notice of the date set for trial, whichever is later.

CRITICAL

A response to objections must be filed within 14 days after the objections are filed.

Any Party wishing to respond to objections filed in their case shall do so within 14 day of the filing of the objections.

CRITICAL

Supporting transcripts must be filed within 40 days after objections are filed unless the court approves an alternative evidence-review method within that period.

All transcripts supporting the objections shall be filed with the court within 40 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 40 day period.

CRITICAL

A legal custodian and residential parent intending to move more than 20 miles from the children’s residence must file and serve a written relocation notice at least 45 days before the move, though a shorter period may be appropriate in an emergency.

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 20 miles from the child(ren)'s residence, then such party shall file a written notice of relocation at least 45 days in advance of such removal and serve said notice of relocation upon the other parent. A period of less than 45 days may be appropriate in emergency situations.

CRITICAL

If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 45 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Hardin County Common Pleas Court, General Division, Rule 27 shall become the order of the Court.

If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 45 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Hardin County Common Pleas Court, General Division, Rule 27 shall become the order of the Court.

CRITICAL

Deadline

5 court days

Exhibits must be filed separately with the Juvenile Clerk no later than five court days after the original fax document is filed.

Filing of documents subsequent to an original complaint and prior to a final judgment entry and other filings not requiring a security deposit may be filed by fax copy with the Juvenile Clerk, exhibits shall be filed with the Juvenile Clerk as a separate document no later than five (5) court days following the filing of the original fax document.

CRITICAL

The time allowed to remedy a defective motion does not stay applicable deadlines unless the Court approves and journalizes otherwise.

The time provided to remedy the defect shall not stay any time limits established by this rule, or any other rule or order of this Court, unless approved and journalized by the Court.

CRITICAL

Motions must be filed within 30 days after final disposition, determined using the specified dates and exceptions.

5. All Motions shall be filed with the Court WITHIN THIRTY (30) DAYS after the case is finally disposed of by the Court. For the purpose of determining timelines, "finally disposed of by the Court" is defined as follows: a. the date of final judgment or journal entry filed by the Court, excluding extraordinary fees motions; b. if no journal entry or disposition date, the date of the last appearance in Court; or c. in periodic billings, the last date of activity on Itemized Fee Statement portion of the Motion (excluding time spent preparing the bill, which is not allowable) or the filing of the journal entry from the last Court appearance.

CRITICAL

Requests for extraordinary fees must be made by written motion with supporting information and documentation within 30 days after final disposition.

6. Requests for extraordinary fees shall be made by written motion, and shall be filed with supporting information and documentation NO LATER THAN THIRTY (30) DAYS after the final disposition date as defined in paragraph 5 of this rule.

CRITICALCivil cases

In contested matters, a pretrial memorandum must be filed and served on all parties and any appointed Guardian Ad Litem, with a courtesy copy to the assigned Judge or Magistrate, at least seven days before the final pretrial conference.

In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, 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 final pretrial conference and shall include the following.

CRITICALCivil cases

Prevailing counsel, or the party directed by the Court, must accurately prepare the judgment, decree, or order and submit it to opposing counsel within seven days after the hearing.

All judgments, decrees and orders shall be prepared by prevailing counsel, or by the party directed by the Court, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.

CRITICALCivil cases

Opposing counsel must approve or reject the entry within seven days and, if approving it, submit it to the Court forthwith.

Opposing counsel shall approve or reject the entry within seven (7) days, and if approved, forthwith submit the same to the Court.

CRITICALCivil cases

If opposing counsel does not approve the entry within seven days, prevailing counsel must submit it to the Court without that approval.

If opposing counsel fails to approve the same within the seven days, prevailing counsel shall submit the entry to the Court without the approval of opposing counsel.

CRITICALCivil cases

A pleading requiring a new case number or payment of court cost must be filed at least 15 minutes before closing.

Any pleading that requires a new case number or the payment of court cost shall be filed at least 15 minutes before closing.

CRITICALCivil cases

An application for a marriage license must be initiated at least 30 minutes before closing.

Application for a marriage license shall be initiated at least 30 minutes before closing.

CRITICALCivil cases

Deadline

7 calendar days

Unless the judge directs otherwise, prevailing counsel must submit the proposed judgment entry to opposing counsel within seven calendar days after judgment.

Unless otherwise directed by the judge, counsel for the party in whose favor a ruling or judgment is rendered shall submit the proposed judgment entry to opposing counsel within seven (7) calendar days after judgment is rendered.

CRITICALCivil cases

Deadline

21 calendar days

If an entry approved by all parties is not filed within 21 calendar days after judgment or after the parties indicate a settlement, the court must assign the matter for a journalization hearing.

If a proposed entry approved by each party or their respective attorney is not filed within twenty-one calendar days after judgment is rendered, or within twenty-one calendar days after the parties have indicated settlement of part or all pending issues, the court shall assign the matter for journalization hearing.

CRITICALCivil cases

In testate estates, the fiduciary must file the specified certificate of service, notices, affidavits, and waivers by the earlier of two months after appointment or the filing of an inventory.

In testate estates, the certificate of service, notices, affidavits, and waivers required by R.C. 2107.19 shall be filed by the fiduciary within two months of appointment or by the time of the filing of an inventory whichever occurs first.

CRITICALCivil cases

A guardian must report an actual or apparent conflict within 30 days of knowing or having reason to know of it.

This report shall be made within 30 days of when the guardian knew or should have known of the existence of the conflict.

CRITICALCivil cases

A guardian with ten or more wards must advise the Court of a change in name, address, or telephone number within thirty days of the change.

The guardian in such cases shall advise the Court of any change in the guardian’s name, address, and telephone number within thirty days of the change occurring.

CRITICALCivil cases

The report of distribution must be filed within 15 days after settlement approval unless the court orders otherwise.

The report of distribution of wrongful death and survival claims shall be filed within fifteen (15) days of the approval of the settlement unless otherwise ordered by the court.

CRITICALCivil cases

A) In private placement adoptions, a pre-placement application in a form prescribed by the court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement if applicants are residents of Hardin County, Ohio, and not less than thirty (30) days prior to placement if applicants are residents of Hardin County, Ohio.

A) In private placement adoptions, a pre-placement application in a form prescribed by the court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement if applicants are residents of Hardin County, Ohio, and not less than thirty (30) days prior to placement if applicants are residents of Hardin County, Ohio.

CRITICALCivil cases

After the applications are approved, the placement and consent hearing must occur at least 72 hours after the later of the child's birth or the parents' meeting with the adoption assessor.

Once the applications have been approved by the court, a hearing shall be held not less than seventy-two (72) hours after the birth of the child or after the parent(s) have met with the adoption assessor, whichever occurs later, for the placement and consent by the parents.

CRITICAL

Deadline

5 business days

A missing exhibit must be filed separately within five business days after the fax filing, or the Court may strike the document or exhibit.

the missing exhibit shall be filed with the Clerk of Court, as a separate document, not later than five (5) business days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.

CRITICAL

A transcript must be filed within 30 days after objections to factual findings, or within another period designated by the Court, for the merits of those objections to be considered.

The merits of objections relating to factual findings will not be considered unless a transcript is filed with the Court within 30 days after objections are filed or within such period otherwise designated by the Court.

CRITICAL

Transcripts supporting objections must be filed within 30 days after objections are filed.

Transcripts supporting objections shall be filed with the court within 30 days after the filing of objections.

CRITICAL

Deadline

24 hours

Unless good cause is shown, subpoena requests must be filed with the Clerk at least 24 hours before trial for the Clerk to be required to issue them and the Sheriff to be required to serve them.

Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor the Sheriff required to serve the same, unless requests are filed with the Clerk at least 24 hours prior to the time set for trial.

CRITICAL

After a party files bankruptcy, the attorney or self-represented party must file the bankruptcy notice and stay entry within five days.

Whenever any party to an action pending in this court files bankruptcy, the attorney for same or the party, if acting in a pro se capacity, shall within five (5) days of the date of filing bankruptcy, file with the Court a copy of the “Notice of Bankruptcy Case Filing” along with a Judgment Entry granting stay and further provide notice of such filing to all unrepresented parties and counsel of record in conformance with Civil Rule 5.

CRITICAL

Upon receiving documentation that the automatic stay has terminated, the party or attorney who filed the initial notice must immediately file that documentation with the Court.

The party or attorney filing the initial notice shall upon receipt of document(s) evidencing termination of the automatic stay by reason of dismissal of the bankruptcy petition, discharge of debtor(s), the granting of relief from stay by the bankruptcy court, or otherwise shall immediately file same with this court in order that said cause may continue.

CRITICAL

After notification that service has been perfected, counsel must submit a default entry within ten days or the case may be dismissed.

B. Upon perfection of service, Counsel shall be required to submit a default entry within ten (10) days of notification, otherwise the case may be dismissed.

CRITICAL

If a case not set for trial has been inactive for at least six months, the Court will notify the parties that it will be dismissed within ten days unless good cause is shown.

C. If no action has been taken on a case for a period of six (6) months or more, and the case has not been set for trial, the Court shall notify the party or parties that the case will be dismissed within ten (10) days unless good cause is shown.

CRITICAL

If a settlement entry is not received within 30 days after the file is marked for forwarding, the Court will notify the parties that the case will be dismissed unless the entry is received within ten days.

D. When a file has been marked "settlement entry to be forwarded to the court" and the entry has not been received within thirty (30) days of said note, the Court shall notify the parties that the case will be dismissed unless that entry is received within ten (10) days.

CRITICAL

If an arbitration report and award is timely rejected, amended pleadings must be filed with the Clerk of Courts within 15 days after the rejection.

If the report and award of the Arbitrators is timely rejected by any party, the pleadings shall be amended and filed with the Clerk of Courts within fifteen (15) days following said rejection, pursuant to Ohio Revised Code Section 2711.21.

CRITICAL

After a mediation resolution, counsel must be instructed to file a dismissal entry within 30 days.

Upon reaching a resolution in mediation, counsel shall be instructed to file a dismissal entry with the Court within thirty (30) days.

CRITICAL

The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds must be filed within 30 days of the real estate sale.

P. A Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall be filed within thirty (30) days of the real estate sale.

CRITICAL

The pretrial memorandum must be filed no later than seven days before the final pretrial conference.

In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, 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 final pretrial conference

CRITICAL

A motion for conciliation must be made no later than the case’s first pretrial date unless the Court grants written leave to file later.

Motions for conciliation shall be made no later than the first pretrial date for the case, unless leave is granted in writing by the Court to file said request at a later time.

CRITICAL

The GAL’s final report must be submitted to the Court and made available for inspection at least seven days before the final hearing, unless the Court extends the deadline.

Not less than seven (7) days before the final hearing date, unless extended by the Court, the final report of the GAL shall be submitted to the Court and made available to the parties or their legal representatives for inspection and may be accessed in person or by phone.

CRITICAL

A party intending to call the GAL as a witness must give the GAL written notice at least ten days before the hearing.

In the event a party intends to call the GAL as a witness in any hearing conducted in the matter in which they are appointed, the GAL shall be given at least ten (10) days advanced notice, in writing, of the party’s intent to call them as a witness during the hearing.

CRITICAL

A residential parent intending to relocate must file a written notice with the Clerk at least 30 days before removal, including specified relocation information.

A residential parent of a minor child or children subject to the jurisdiction of this Court who intends to move from the current residence of the child(ren) must first file, at least thirty (30) days in advance of such removal, a written notice with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation

CRITICAL

If written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within thirty (30) days of the filing of the notice of relocation and served on the party filing the notice of relocation, the residential parent may relocate in the absence of further court order.

If written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within thirty (30) days of the filing of the notice of relocation and served on the party filing the notice of relocation, the residential parent may relocate in the absence of further court order.

CRITICAL

When a party files bankruptcy, the attorney or self-represented party must file a copy of the bankruptcy notice and a judgment entry granting a stay within five days of the bankruptcy filing.

Whenever any party to an action pending in this court files bankruptcy, the attorney for same or the party, if acting in a pro se capacity, shall within five (5) days of the date of filing bankruptcy, file with the Court a copy of the “Notice of Bankruptcy Case Filing” along with a Judgment Entry granting stay

WARNINGCivil cases

C. If no action has been taken on a case for a period of six (6) months or more, and the case has not been set for trial, the Court shall notify the party or parties that the case will be dismissed within ten (10) days unless good cause is shown.

C. If no action has been taken on a case for a period of six (6) months or more, and the case has not been set for trial, the Court shall notify the party or parties that the case will be dismissed within ten (10) days unless good cause is shown.

WARNINGCivil cases

If a settlement entry is not received within thirty days after the file is marked for forwarding, the Court will notify the parties that the case will be dismissed unless the entry is received within ten days.

D. When a file has been marked "settlement entry to be forwarded to the court" and the entry has not been received within thirty (30) days of said note, the Court shall notify the parties that the case will be dismissed unless that entry is received within ten (10) days.

WARNING

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

A reply to a response may be filed within seven (7) days of the filing of the response.

WARNINGCivil cases

If no entry is furnished to the Court within the provided time, the Court may dismiss the action for want of prosecution or issue another appropriate order.

If no entry is furnished to the Court within the time provided, the Court may dismiss the action for want of prosecution or make such other Order as the Court deems appropriate under the circumstances.

WARNINGCivil cases

The court will presume consent to a proposed judgment entry if opposing counsel does not object in writing within seven days of receipt.

If opposing counsel has not objected in writing within seven (7) days of receipt then the court will presume consent thereto.

WARNINGCivil cases

Drafting counsel may submit the entry with proof of service and a motion to journalize; the court may approve it after seven days from filing.

Counsel who drafted the entry may, thereafter, submit the entry with a copy of their proof of service of the original upon opposing counsel with a motion to journalize and the same may after seven (7) days of filing be approved by the court.

WARNINGCivil cases

If continued guardianship is expected to be needed beyond the emergency guardianship, the applicant is expected to file a guardian-appointment application within seven days after the hearing that extends the guardianship beyond the initial 72-hour appointment.

The applicant is expected to file an application for appointment of guardian within seven days of the completion of a hearing extending the guardianship beyond the initial 72 hour appointment if it is expected the need for continued guardianship will exist longer than the emergency guardianship.

WARNING

The Court must be notified of the settlement, and the Court Administrator must check with the Clerk for the dismissal entry within 30 days.

The Court shall be notified that a settlement has been reached, and the Court Administrator shall check with the Clerk of Courts for filing of the dismissal entry within thirty days;

WARNING

Requests for temporary orders must be set for hearing within 42 days after filing, and either party may receive a continuance for good cause.

Requests for temporary orders shall be set for hearing within forty-two (42) days of the date of filing. A continuance may be granted to either party for good cause shown.

WARNING

After mediation resolution, counsel must file an entry with the Court within 30 days.

Upon reaching a resolution in mediation, counsel shall be instructed to file an entry with the Court within thirty (30) days.