Harrison County Court of Common Pleas, Ohio Filing Timing and Cure Windows

WARNING

The Clerk must deliver a certified copy of the confirmation entry to the Sheriff by the end of the day after the entry is filed.

By the end of the day immediately following the filing of the entry confirming the sale, the clerk shall deliver to the Sheriff a certified copy of such entry.

WARNING

The final journal entry of dismissal will be executed and filed after the two-week period for filing the compensation statement.

The final journal entry of dismissal will be executed and filed after the two week time period.

CRITICAL

A party's election to purchase at the appraised value must be in writing and filed with the Court three days before the hearing.

the right of each party to elect to purchase the real estate at the appraised value in writing filed with the Court three days before the date set for hearing

CRITICAL

At the Court's discretion, counsel shall file within five (5) days of a Pre-Trial a "Pre-Trial Statement" containing the following required data:

At the Court's discretion, counsel shall file within five (5) days of a Pre-Trial a "Pre-Trial Statement" containing the following required data:

CRITICAL

If a party timely rejects the arbitration award, the pleadings must be amended and filed with the Clerk within 15 days after the rejection.

If the 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 Section 2711.21, ORC.

CRITICAL

The panel-member and alternate names must be submitted within four months from the date the action was filed.

The name of the two (2) members of the panel to be appointed by the plaintiff and defendant, respectively, plus two (2) alternates shall be submitted to the Judge within four (4) months from the date the action was filed.

CRITICAL

The appellee must serve and file its brief within 14 days after service of the appellant’s brief.

The appellee's brief shall be served and filed within fourteen (14) days after service of the brief of the appellant.

CRITICAL

An objection to an arbitrator must be made by motion filed within 7 days after the notice of assignment is filed.

Objections to an Arbitrator shall be by motion filed within seven (7)days of the filing of the notice of assignment and shall be heard by the Court.

CRITICAL

Unless the trial judge directs otherwise, prevailing-party counsel must prepare the judgment entry within ten days, and adverse counsel must approve or reject it within five days of receipt.

Unless the trial judge otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within ten (10) days thereafter prepare the proper judgment entry, and submit it to the counsel for the adverse party, who shall approve or reject the same within five (5) days after the receipt thereof.

CRITICAL

The final Certificate for Legal Services must be submitted within 30 days after the legal services terminate.

The attorney's final Certificate for Legal Services shall be submitted to the Court for review and approval, only on prescribed forms supplied by the Clerk of Courts, within thirty (30) days of the termination of such services.

CRITICAL

If the title is unmarketable for a specified reason, a purchaser may move to set aside the sale within 30 days, except in proceedings under R.C. 5721.18.

Should such examination disclose the title so purchased to be unmarketable by reason of any defect in the proceedings or the existence of any interest not disclosed in either of the certifications described above, no liability shall be predicated on the certifications but said purchaser may within the thirty (30) day period, notify the court thereof by written motion requesting that said sale be set aside. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

CRITICAL

A written opposition stating its grounds must be filed at least three days before the hearing.

Any opposition to the appraised value as in Plaintiff's notice shall be by writing stating the grounds thereof and filed at least three days before the date set for hearing

CRITICAL

Counsel must submit a dismissal order within ten days after notifying the Court of settlement; if they fail to do so, the judge may dismiss the case for want of prosecution.

Counsel shall submit an order of dismissal for a case not later than ten (10) days after notice to the Court of settlement. If counsel fail to present such an entry to the judge within ten (10) days after representation to the Court that a case has been settled, the judge may order the case dismissed as for want of prosecution.

CRITICAL

If counsel does not obtain service within a further 15 days, the Court must dismiss the action for lack of prosecution in civil cases, subject to refiling.

If within another 15 days, Plaintiff's or Movant's legal counsel has not been able to obtain service, this Court shall dismiss the filed action for lack of prosecution (civil cases only), subject to refiling.

CRITICAL

Failure to timely file the listed appeal documents may result in dismissal for want of prosecution or another disposition at the judge’s discretion.

Failure of an Appellant to file his bill of exceptions, assignments of error, brief or demand for a transcript of the record within the time required shall be cause for dismissal of the appeal for want of prosecution or other disposition of the case at the discretion of the Judge and consistent with Civil Rule 41 (B) (1).

CRITICAL

37.04 A purchaser may waive any part or all of the thirty (30) day period by signing the confirmation entry, but no confirmation entry not approved by the purchaser shall be filed until said period had expired. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

37.04 A purchaser may waive any part or all of the thirty (30) day period by signing the confirmation entry, but no confirmation entry not approved by the purchaser shall be filed until said period had expired. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

CRITICAL

The required appointment documents are due within one week after counsel’s appointment.

Court-appointed counsel shall submit to the court a properly executed Affidavit of Indigency and Judgment Entry of Appointment within one (1) week after his appointment.

CRITICAL

Any compensation statement requested in the joint motion must be filed with the Clerk within two weeks after the motion is filed, unless a written compensation waiver has been filed.

When a case is settled after a Chairman and two Arbitrators are appointed, and prior to any Arbitration Hearing, a joint motion by all counsel is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any, to be filed with the Clerk of this Court, within two (2) weeks of the filing of the motion, with proof of service to all counsel, chairman and arbitrators, unless a waiver in writing for compensation has been filed with the Clerk of Courts.

CRITICAL

Deadline

3 business days

Counsel must file the specified jury-trial materials at least three business days before the pretrial date.

23.07 If the matter is to be tried to a jury, counsel shall also file with the court and serve upon all parties at least 3 business days before the date of pre-trial a draft of substantive jury instructions, interrogatories (if any), verdicts, and an indication as to whether a jury view will be requested and, if so, details as to the site and parameters of the view.

CRITICAL

Chairman nominations must be filed and a copy forwarded to the Court within 10 days prior to the pretrial conference.

These nominations must be filed and a copy forwarded to the Court within ten (10) days prior to the pre-trial conference.

CRITICAL

The arbitrators must file their findings and award, if any, within 21 days after the hearing, and the Court must send copies to all parties or their counsel that same day.

Deliberations of the Arbitrators shall commence immediately after conclusion of the hearing and the Arbitrators shall reach a decision and file their findings and award, if any, within twenty-one (21) days with the Court, which on the same day shall mail or otherwise forward copies thereof to all parties to the arbitration or their counsel, seal the original in an envelope and file it with the Clerk of Courts.

CRITICAL

Deadline

72 hours

Media-coverage permission requests must be received by the Clerk of Courts at least 72 hours before the scheduled commencement of the proceeding.

Such requests shall be directed to and received by the Clerk of Courts, with copies to all parties to the action, or their counsel, no less than 72 hours prior to scheduled commencement of the proceeding.

CRITICAL

An additional deposit for arbitrator costs when arbitration lasts more than one day must be made no later than five days after arbitration is completed.

In cases which require additional deposits for payment of Arbitrators due to the arbitration lasting more than one day, the deposit to cover the additional costs shall be made not later than five (5) days after the completion of the arbitration.

CRITICAL

A motion concerning approval of the writ's valuation must be filed within ten days of the writ's return.

ten days of the return of said writ to file a Motion concerning the approval of the valuation contained in said writ

CRITICAL

Deadline

3 business days

If a final pre-trial conference is held, the parties' pre-trial statements must be filed with the court at least three business days before the conference.

In the event a final pre-trial conference is held, pre-trial statements shall be prepared by counsel for all parties, or by the party if unrepresented, and shall be filed with the court and served upon opposing counsel not less than 3 business days prior to the date of the final pre-trial conference.

CRITICAL

The Sheriff must make the return to the Court by the first Monday after the sale.

By the first Monday following the date of sale, the Sheriff shall make his return to the Court.

CRITICAL

Immediately after the arbitration hearing, the Chairman must submit a statement of actual hearing-service time for filing with the Clerk, unless a written compensation waiver has been filed.

Immediately following an arbitration hearing the Chairman shall submit statement setting forth actual time of services in hearing to be filed with the Clerk of Courts, unless a waiver in writing for compensation has been filed with the Clerk of Courts.

CRITICAL

Opposing counsel or an unrepresented party must submit any objections or counterproposals to the Court in writing within seven days thereafter.

Within seven (7) days thereafter, opposing counsel or a party unrepresented by counsel shall submit any objections or counterproposals to the Court in writing.

CRITICAL

Applies to

Trial brief

Each attorney representing a party must file a trial brief at least seven days before trial.

When a case has been given a firm trial date, each attorney representing a party thereto shall file with the Court, for the Court's personal use, a trial brief, no less than seven (7) days before the trial, with contents as required below:

CRITICAL

The panel Chairman must file the written report and award with the court and Clerk of Courts within 30 days after the hearing.

Within thirty (30) days after the hearing, the Chairman of the panel shall file a written report and award with the court and Clerk of Courts

CRITICAL

A proper written objection to the proposed confirmation entry must be received by the Court within twenty-one days.

Unless proper written objection to the proposed confirmation entry is received by the Court within twenty-one (21) days

CRITICAL

Unless a specific rule, statute, or court order provides otherwise, an appellant in an administrative appeal must serve and file a supporting brief within thirty days after the stated date.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative bodies and appealed to this court, the appellant shall serve and file a brief in support of his appeal within thirty (30) days after the date

CRITICAL

When an agency demand or request is a prerequisite to preparing the record transcript, the appellant must file it with the agency when filing the notice of appeal, unless law or a Supreme Court rule provides otherwise.

In all cases in which demand or request to the agency by the Appellant is pre- requisite to the preparation of filing of the transcript of the record by the agency such demand or request shall be filed by the Appellant with the agency at the time of filing the notice of appeal, unless otherwise provided by law, or Rule of Supreme Court.

CRITICAL

A continuance request must be filed at least 14 days before the arbitration hearing, subject to the stated emergency and agreement exceptions.

When the case has been scheduled for arbitration, a request for continuance of an arbitration hearing date shall be filed and served at least fourteen (14) days before the hearing date, except in extreme emergencies or unless agreed to by all parties as well as the Chairman of the board of Arbitrators, including the agreed date to which the hearing is continued.

WARNING

After a timely Rule 52 request, the Court may direct the requesting party to prepare proposed findings and conclusions within seven days and submit them to the Court and the opposing side.

When a request under Rule 52 of the Ohio Rules of Civil Procedure is timely made for findings of fact and conclusion of law, the Court may direct the party making the written request to prepare within seven (7) days proposed findings of fact and conclusions of law and submit them to the Court and to opposing counsel and parties unrepresented by counsel.

WARNING

Time under this rule must be computed as provided in Civil Rule 6.

35.02 Computation of Time: Time shall be computed as set forth in Civil Rule 6

WARNING

The appellant may serve and file a reply brief within 7 days after service of the appellee’s brief.

The appellant may serve and file a reply brief within seven (7) days after service of the brief of the appellee.

WARNING

If the Court appoints an arbitrator for a noncomplying party, it must do so within 15 days after the motion is filed.

Such appointment shall be made by the Court within fifteen (15) days of the filing of said motion.

WARNING

If the court, upon hearing thereof, finds said title to be unmarketable, the court shall refuse to confirm said sale. The court may, however, fix a reasonable time, not to exceed ninety (90) days, within which such defects may be corrected. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

If the court, upon hearing thereof, finds said title to be unmarketable, the court shall refuse to confirm said sale. The court may, however, fix a reasonable time, not to exceed ninety (90) days, within which such defects may be corrected. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

WARNING

Deadline

1 business days

The Clerk must bring cases without a Notice of Hearing to the Assignment Commissioner's attention by the close of the next business day after filing.

All cases filed with the Harrison County Clerk of Courts not containing a Notice of Hearing shall be brought to the attention of the Common Pleas Assignment Commissioner by the Clerk of Courts by the close of the next business day following filing of said case.

WARNING

If counsel do not present an entry within twenty days after an order, decree, or judgment, the judge may prepare and file one without submission or notice to counsel or take other appropriate action.

If counsel fail to present an entry within twenty (20) days after the order is decreed, or judgment is rendered, the judge may cause proper entry to be prepared and filed without submission or notice to counsel or take such other action as may be appropriate under the circumstances.

WARNING

After receiving a case file, the Assignment Commissioner must assign dates, prepare notices, and return the file to the Clerk by the close of the next business day.

The Assignment Commissioner shall then assign appropriate dates to each case and shall prepare notices of said dates to be sent to the appropriate parties and return said case file to the Clerk of Courts by the close of the next business day following receipt of the file.

WARNING

A filing date for the parties’ testimony for editing will be assigned when the case is assigned for trial.

When cases are assigned for trial pursuant to Civ. R. 40 and Sup. R. 15, a date will be assigned for the filing of plaintiffs testimony and defendant's testimony for editing.

WARNING

When no party has been served, the Assignment Commissioner must notify plaintiff's or movant's counsel after 15 days from filing.

The Assignment Commissioner shall notify the Plaintiff's or Movant's legal counsel after 15 days of filing any action when there is no service of the parties to be served.