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

CRITICAL

If service fails, the serving party must file further written instructions within 30 days.

In the event of failure of service, the serving party must file further written instructions within thirty (30) days).

CRITICAL

The Clerk reviews each e-filed document; only accepted documents are filed, docketed, and time stamped, while rejected submissions do not become part of the court record.

c) Clerk Review: The Clerk reviews all electronically filed documents for compliance with court rules, policies, procedures and practices. After review, the document becomes accepted, pending or rejected. Only accepted documents will be filed, docketed and time stamped. If the submission is rejected, the document shall not become part of the Court record.

CRITICAL

An e-filing is deemed filed upon acceptance and receives an electronic stamp showing when the filer submitted it.

d) Official Time Stamp: Upon acceptance, the submission will be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-filing system.

CRITICAL

Noncompliant e-filings may be rejected and not filed, so e-filers must allow time for clerk review and any necessary resubmission.

Documents which do not fully comply may be rejected, not docketed, and not filed. The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

CRITICAL

Electronic filing does not alter or extend applicable statutes of limitation.

Electronic filing does not alter or extend applicable statutes of limitation.

CRITICAL

The Court must review and approve filings by self-represented parties for compliance before filing.

All filings by self- represented parties are subject to compliance review and approval by the Court prior to filing (see Local Rule 10.05).

CRITICAL

A judge, magistrate, or designee must review a self-represented litigant’s pleading before the clerk time-stamps it.

All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate or his/her designee before being time-stamped by the Clerk.

WARNING

Upon receipt of an e-filing, the system must issue confirmation showing the receipt date and time, which serves as proof of receipt.

b) Receipt: Upon receipt, the Court’s e-filing system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

WARNING

A DOPO must be prepared for submission to the Court as soon as possible after the final hearing.

The DOPO shall be prepared as soon as possible following the final hearing for submission to the Court.

INFO

Filings may be submitted electronically to the Clerk 24 hours a day, seven days a week.

a) Submission: Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.

CRITICAL

Counsel-prepared judgment entries and compromise dismissal orders must be approved by all counsel of record and submitted within 28 days after notice of settlement, unless the Court agrees otherwise.

2. Judgment entries and orders of dismissal by compromise prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.

CRITICAL

If no response is made within 14 days, preparing counsel must submit the entry or order and a submitting letter with the specified certification.

5. If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court with the following certification:

CRITICAL

If counsel cannot agree within 28 days after the original submission, copies of both proposed drafts must be submitted to the Court, which may adopt either, prepare its own, or schedule a hearing.

6. If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court. The Court may adopt either entry, make its own entry, or set a date for a hearing on the proposed entries.

CRITICAL

When no other law or rule sets the time, a response must be filed within 14 days after service of the paper requiring the response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.

CRITICAL

A reply to a response must be filed within 7 days after service of the response.

Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.

CRITICAL

Trial counsel must submit a written settlement memorandum to the Court 10 days before the settlement pretrial conference.

F. Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.

CRITICAL

If no objection is filed and served within 10 days, the attorney’s withdrawal is complete without leave of court.

If no objection to tire Notice of Completion of Limited Appearance is filed and served within 10 days, the attorney’s withdrawal is complete without the need for leave of court.

CRITICAL

The court must receive a written receivership plan at the outset or as soon as information is reasonably available, with updates when warranted by significant developments or through periodic reporting.

At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court shall be provided with a written plan for the receivership. The plan shall, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court.

CRITICAL

The first receivership plan and activity report must be submitted within two months after the receiver is appointed.

The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.

CRITICAL

After filing the first plan and report, the receiver must file updated plans and reports at least semi-annually, including specified updates on actions, future plans, costs, expenses, and the completion timetable.

After filing the first plan and report, the receiver shall file updated plans and reports no less often than semi-annually. Each shall include a summary of action taken to date measured against the previous plan for the receivership; shall set forth proposed future action; and shall update previous estimates of costs, expenses, and the timetable needed to complete the receivership.

CRITICAL

A party or person interested in property proposed for sale or lease may object within fourteen days of service of notice; the court may set a hearing or decide on the record.

If any party or person having an interest in the property to be sold or leased files an objection within fourteen days of sendee of the notice, the court may set the receiver’s request for hearing or may rule based on the material of record.

CRITICAL

In administrative-agency appeals other than Child Support Enforcement Agency determinations, the appellee must file its brief within 14 days after service of the appellant’s brief.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 2. The appellee’s brief shall be filed within fourteen (14) days after service of appellant’s brief; This Rule shall not apply to any determinations of the Child Support Enforcement Agency.

CRITICAL

The Guardian ad Litem must prepare and file a written report at least seven days before the specified hearings.

Pursuant to Sup. R. 48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing and, in abuse, neglect, dependency, unruly and delinquency cases, not less than seven days prior to any initial dispositional healing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition.

CRITICAL

If the Plan Administrator does not file a Notice of Qualification, the parties or their attorneys must file the Administrator’s approval or qualification letter with the Clerk within 30 days of receipt.

If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualified issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.

CRITICAL

The investigator must file the investigation report at least seven days before any scheduled trial date.

The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date.

CRITICAL

The custody evaluator must file a written report at least 30 days before the final hearing.

a) A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing.

CRITICAL

The Court-appointed attorney must file the affidavit within 15 days of the defendant's arraignment.

Attorneys appointed by the Court to represent an indigent defendant shall be responsible for the filing of the Affidavit of Indigency/Financial Disclosure with the Clerk of Courts on the form provided by the Court within fifteen (15) days of the arraignment of the defendant.

CRITICAL

The attorney must submit the fee application, motion, and judgment entry within 30 days of whichever occurs first: conclusion of the case or termination of the attorney’s services.

Within thirty (30) days of the conclusion of the case of the termination of the attorney’s services, whichever should occur first, the attorney shall submit an application, motion and judgment entry for fees.

CRITICAL

A judge must decide the petition within 60 days after receiving all requested information, unless the petitioner requests and is granted an extension.

Once all information requested has been received, a Judge shall decide whether to Grant or Deny the Petition within sixty (60) days, unless Petitioner requests and is granted an extension of time.

CRITICAL

A parent who intends to move must immediately file a Notice of Intent to Relocate with the Court.

12. Intent to Relocate: If a parent intends to move, he/she shall immediately file a Notice of Intent to Relocate with the Court.

CRITICAL

A parent who intends to move must immediately file a Notice of Intent to Relocate with the Court.

If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.

CRITICAL

A parent who intends to move must immediately file a Notice of Intent to Relocate with the Court.

If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.

CRITICAL

The GAL must provide the written summary to the Court at least five days before the pre-trial conference.

The GAL shall provide a one page written summary to the Court at least five (5) days prior to the GAL pre-trial conference.

CRITICAL

Unless the Court modifies the time period, the GAL must submit the written report and recommendations at least seven days before the specified dispositional, permanent-custody, or change-in-disposition proceedings in abuse, neglect, dependency, unruly, and delinquency cases.

Unless the time period is modified by the Court, the GAL shall submit their frill written report(s) with recommendations to the court, counsel of record and self-represented parties, in accordance with the following time requirements: • In abuse, neglect, dependency, unruly, and delinquency cases, not less thanhearing seven days prior to any initial dispositional hearing, permanent custody hearing, and any upon a motion requesting a change in disposition;

CRITICAL

Unless the Court modifies the time period, the GAL must submit the written report and recommendations at least seven days before the final hearing in proceedings involving allocation of parental rights and responsibilities.

Unless the time period is modified by the Court, the GAL shall submit their frill written report(s) with recommendations to the court, counsel of record and self-represented parties, in accordance with the following time requirements: • In proceedings involving the allocation of parental rights and responsibilities, not less than seven days before the final hearing date.

CRITICAL

The custody evaluator must submit a full written report upon completion and, if a final hearing date is set, at least 30 days before that date.

10. Custody Evaluator shall submit a full written report to the Court upon completion of the evaluation. In the event a final hearing date has been set, the report must be submitted at least thirty days before that date. If a final hearing date has not, as yet, been set, this matter shall be scheduled for further hearing upon receipt of the evaluation report.

CRITICAL

The mediator must file a mediation report with the Court and make it available to counsel within fourteen days after mediation concludes.

It is further ORDERED, ADJUDGED AND DECREED that within fourteen (14) days after the conclusion of the mediation services the mediator shall file with the Court and make available to counsel for all parties an appropriate mediation report concerning the result of the mediation.

WARNING

Approval of fees or other proposed action ordinarily will not occur until seven days after service of an updated plan or report, although the court may alter the notice period for good cause.

Ordinarily, no approval of fees or other proposed action in a receivership will occur unless seven (7) days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause the court may alter this notice period.

WARNING

Upon referral to mediation, the court may stay all filing deadlines for up to 60 days.

Upon referral of a case to mediation, the court may elect to stay all filing deadlines for up to 60 days.

WARNING

A QDRO must be prepared as soon as possible after the final hearing for submission to the Court.

C. The QDRO shall be prepared as soon as possible following the final hearing for submission to the Court.

INFO

The GAL may submit a motion for payment at any time before the case concludes.

In addition, at any time prior to the conclusion of a case, the GAL may submit a motion for payment.

CRITICAL

In administrative-agency appeals other than Child Support Enforcement Agency determinations, the appellant must file its brief within 30 days after the agency files the record.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 1. The appellant’s brief shall be filed within thirty (30) days after the record is filed by the administrative agency; This Rule shall not apply to any determinations of the Child Support Enforcement Agency.

CRITICAL

In administrative-agency appeals other than Child Support Enforcement Agency determinations, the appellant may file a reply brief within 7 days after service of the appellee’s brief.

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 3. The appellant may file a reply brief within seven (7) days after service of appellee’s brief. This Rule shall not apply to any determinations of the Child Support Enforcement Agency.