Hardin County Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

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

Subject to the provisions of these rules, all documents sent by fax and ac- cepted 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

A fax filing’s effective filing date and time is when the Clerk 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.

WARNING

If faxed documents lack the specified cover-page information, the Clerk may file them or deposit them with a notation, in which case they are not considered filed.

B. 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.

INFO

Written pleas of not guilty may be submitted before the scheduled appearance date.

WRITTEN PLEAS OF NOT GUILTY: Written pleas of not guilty will be accepted in advance of the scheduled appearance date.

CRITICAL

The entry must be submitted to opposing counsel within five days of the Court’s decision.

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

CRITICAL

A prospective juror requesting excusal must take all necessary steps to obtain a ruling by the scheduled jury-duty appearance date.

A prospective juror who requests to be excused from jury service under this section shall take all actions necessary to obtain a ruling on that request by no later than the date on which the prospective juror is scheduled to appear for jury duty.

CRITICAL

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

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

CRITICAL

Where applicable, pretrial motions toll the time for bringing the defendant to trial until an entry reflecting the court’s decision is filed.

Pretrial motions, where applicable, shall toll the time within which the Defendant must be brought to trial until a judgment entry is filed reflecting the Court’s decision as to said motion (See O.R.C. Section 2945.72(H)).

CRITICAL

The plaintiff pretrial statement must be filed with the court at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

CRITICAL

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.

CRITICAL

Deadline

5 business days

Unless the Court orders otherwise, a missing exhibit must be filed within five business days after the faxed document is filed; failure may result in the document or exhibit being stricken.

Unless the Court otherwise orders, 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 facsimi- le document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.

CRITICAL

The Pretrial Report must be filed at least one week before the scheduled pretrial date.

All attorneys attending a pretrial must complete the appropriate Pretrial Report and file it with the Court and opposing counsel at least one week prior to the scheduled pretrial date (See Attachments B and C.)

CRITICAL

Eligible defendants may file the safety-program paperwork up to 3 days after the arraignment date listed on the ticket.

Defendants who are eligible to participate in the safety program may file the necessary paperwork (Exhibit I) up to 3 days after the arraignment date listed on the traffic ticket.

CRITICAL

Applications must be made as far in advance as possible and at least 30 minutes before the case, unless the Judge waives advance notice for good cause.

Applications shall be made as far in advance as possible but not less than 30 minutes prior to the Courtroom case to be recorded. The Judge may waive any advance notice for good cause.

CRITICAL

Return the form and completed questionnaire within two days of receipt.

Please return this form and your completed questionnaire within two days of receipt.

CRITICAL

After notice, the case will be dismissed within ten days unless good cause is shown.

If counsel fails to obtain service of summons within two (2) months from the date of the filing of the action, the Clerk shall notify counsel that the case will be dismissed within ten (10) days unless good cause is shown to the contrary.

CRITICAL

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure and comply with Criminal Rule 47 and Traffic Rule 11.

Motions must be filed within the time limits established by the Ohio Rules of Crimi- nal Procedure, and further shall comply with Criminal Rule 47 and Traffic Rule 11.

CRITICAL

When trial appears inevitable, the jury panel must be summoned at least 14 days before trial.

If it appears that trial is inevitable, a jury panel shall be summoned at least fourteen (14) days in advance of trial.

CRITICAL

The defendant pretrial statement must be filed at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

CRITICAL

Traffic and criminal citations must be filed promptly after issuance to the Defendant, and a citation not filed within 24 hours of the scheduled appearance date is subject to dismissal.

All citations traffic and criminal issued within this Court’s jurisdiction shall be filed with the Court promptly after issuance to Defendant. Any citation not filed within 24 hours of the date set for the Court appearance is subject to dismissal.

CRITICAL

In all cases and upon the completion of the service, it shall be the duty of such assigned counsel, within 90 days, to submit an item-

In all cases and upon the completion of the service, it shall be the duty of such assigned counsel, within 90 days, to submit an item-

CRITICAL

For a civil jury trial expected to last one day, the additional $650 deposit must be tendered at least three weeks before trial.

An additional deposit of six hundred fifty dollars ($650.00) shall be tendered no less than three weeks before trial date providing that the jury trial is expected to last only one day.

CRITICAL

Prevailing counsel must submit an application for default judgment within 10 days after the Clerk’s notification that the case has defaulted, or the case will be dismissed for want of prosecution.

Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within ten (10) days or the case will be dismissed for want of prosecution.

CRITICAL

The parties may settle without appearing if they file an entry reflecting settlement within 30 days of the trial date; untimely filing may result in dismissal for want of prosecution.

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. If the parties fail to file said entry in a timely fashion, the case may be dismissed by the Court on its own motion for want of prosecution.

CRITICAL

The motion requesting telephone appearance must be submitted to the Judge for review at least one week before the pretrial, trial, or hearing date.

THIS MOTION MUST BE TO THE JUDGE FOR REVIEW AT LEAST 1 WEEK PRIOR TO THE PRETRIAL/TRIAL/HEARING DATE.

WARNING

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

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 Clerk shall notify the parties that the case will be dismissed unless that entry is received within ten (10) days.

WARNING

Jurors must complete and return the questionnaire in the enclosed addressed stamped envelope within two days.

Please read carefully and answer the questions on this form and return it in the enclosed addressed stamped envelope within the next two (2) days.

WARNING

Counsel must submit a default entry within ten days after notification or the case may be dismissed.

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

WARNING

If a case not set for trial has had no activity for at least thirty days, the Clerk must notify the parties that it will be dismissed within ten days unless good cause is shown.

If no action has been taken on a case for a period of thirty (30) days or more, and the case has not been set for trial, the Clerk shall notify the party or parties that the case will be dismissed within ten (10) days unless good cause is shown.

WARNING

The Court will stay the proceedings for 30 days once it receives the completed application and waiver payment.

The Court will stay the proceedings in the case for 30 days? once the completed applica- tion and waiver payment are received.