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

CRITICAL

The Clerk must review electronically submitted documents and accept e-filings in e-file cases after determining they comply with applicable requirements.

Upon receipt of any document submitted electronically, the Clerk shall review the document for compliance with applicable court rules, policies, procedures and practices. The Clerk of Court shall accept any pleading or document filed by e-filing in any e-file case after the Clerk Review has determined it to be in compliance with the court rules, policies, procedures and practices.

CRITICAL

If the court finds the party indigent, a filing is deemed filed when received if Clerk review finds it compliant.

If the court finds that the party is indigent, the pleading or document submitted shall be deemed to have been filed the date it was received provided the Clerk’s Review found it to be in compliance with the court’s rules, policies, procedures and practices.

CRITICAL

The Clerk will reject a praecipe filed without the original subpoena and two copies and will not issue the requested subpoenas.

Any precipe filed without the original and two (2) copies shall not be accepted for filing by the Clerk and the Clerk shall not issue the subpoenas requested therein.

CRITICAL

The Clerk must reject and return pleadings that do not comply with Rule 4, and the court may strike a noncompliant pleading that was mistakenly accepted.

Any pleading tendered for filing that does not comply with this rule shall not be accepted for filing by the Clerk and shall be returned to the tendering party. Any pleading mistakenly accepted by the Clerk may be stricken by the court as a sanction for violation of this rule.

CRITICAL

Deadline

3 business days

The Clerk must reject and notify the filer of a noncompliant electronic document, and the filer has three business days to correct the deficiency.

If any document submitted electronically does not comply with the applicable court rules, policies, procedures and practices, it will not be accepted by the Clerk for filing and the Clerk shall notify the filer of the deficiency or reason. The filer shall have three (3) business days to correct the deficiency in the filing.

CRITICAL

The Clerk must reject and return pleadings that do not comply with the rule, and the court may strike a noncompliant pleading that was mistakenly accepted.

15.13 Any pleading tendered for filing that does not comply with this rule shall not be accepted for filing by the Clerk and shall be returned to the tendering party. Any pleading mistakenly accepted by the Clerk may be stricken by the court as a sanction for violation of this rule.

CRITICAL

An e-filed pleading or document is filed on the day it is submitted.

The date of filing will be the day the pleading/document was submitted by e-filing.

CRITICAL

An accepted fax or email filing is deemed filed on the date and time the Clerk received the transmission.

Pleadings and documents accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the facsimile or email transmission was received by the Clerk of Courts.

CRITICAL

The request and proposed pleading may not be docketed, and no summons may issue, until the Judge or Magistrate reviews the request.

The request and/or the proposed pleading shall not be docketed and no summons shall issue until the request has been reviewed by the Judge or the Magistrate.

CRITICAL

If a person claims that a facsimile or email was received and the Clerk of Courts has no record of its receipt, upon filing of written proof of a confirmed transmission by the sending party, the document shall be accepted for filing if it complies with the court’s rules, policies, procedures and practices by the Clerk along with the confirmation and the document shall be deemed filed on that date.

If a person claims that a facsimile or email was received and the Clerk of Courts has no record of its receipt, upon filing of written proof of a confirmed transmission by the sending party, the document shall be accepted for filing if it complies with the court’s rules, policies, procedures and practices by the Clerk along with the confirmation and the document shall be deemed filed on that date.

CRITICAL

The Clerk must reject and return pleadings that do not comply with the rule; a mistakenly accepted pleading may be stricken by the court.

17.8 Any pleading tendered for filing that does not comply with this rule shall not be accepted for filing by the Clerk and shall be returned to the tendering party. Any pleading mistakenly accepted by the Clerk may be stricken by the court as a sanction for violation of this rule.

WARNING

The Clerk must promptly deliver a security-deposit waiver or reduction request to the Magistrate in a domestic relations proceeding or to the Judge in any other type of case.

A person requesting waiver or reduction of the security deposit shall submit a written request with the proposed to the Clerk who will promptly deliver it to the Magistrate if it is a domestic relations proceeding or to the Judge if it is any other type of case.

CRITICAL

A guardian ad litem interim report must be filed with the Magistrate at least 14 days before a hearing involving the allocation of parental rights.

Guardian ad litem interim reports shall be filed with the Magistrate at least fourteen (14) days prior to any hearing involving the allocation of parental rights of children.

CRITICAL

Motions to compel payment of medical bills must be filed within 24 months after the bill was initially submitted to the submitting party.

31.7. All motions to compel the payment of medical bills shall be filed within twenty-four (24) months of the initial date that the bill was submitted to the submitting party.

CRITICAL

A motion filed for a purpose other than trial must be filed no later than 14 days before the scheduled hearing.

Motions filed for purposes other than trial shall be served on the opposing party and filed with the court no later than fourteen days prior to a scheduled hearing.

CRITICAL

shall have thirty (30) days from that date to file a transcript of the hearing

shall have thirty (30) days from that date to file a transcript of the hearing

CRITICAL

The foreclosure party must present the sale-confirmation and distribution entry for approval within 15 days of the sale, unless exceptions to the proposed distribution have been filed.

The entry confirming sale and ordering distribution of the proceeds of sale must be presented to the court for approval within fifteen (15) days of the sale date by the party granted the foreclosure unless exceptions to the proposed distribution have been filed.

CRITICAL

Applies to

Motion response

A response to the motion must be filed within 14 days after service of the motion.

A response to the motion must be filed within fourteen days of service of the motion.

CRITICAL

For documents provided at least 14 days before a hearing, a written objection stating the particular legal objection must be filed at least 7 days before the hearing, unless the objection’s basis was unforeseeable.

20.2 No objections as to the admissibility of any document provided pursuant to this rule at least fourteen (14) days before a scheduled court hearing shall be considered unless the party opposing introduction of the document files a written objection to the introduction of that document at least seven (7) days prior to the hearing setting forth the particular legal objection being raised or unless the basis for the objections was unforeseeable prior to the hearing.

CRITICAL

Deadline

5 business days

Unless the court orders otherwise, an omitted exhibit must be filed as a separate document within five business days after the fax or email filing.

Unless the court otherwise orders, the omitted exhibit shall be filed with the court, as a separate document, not later than five (5) business days following the filing of the facsimile or email document.

CRITICAL

Proof of financial counseling must be filed with the Court at least five days before the scheduled hearing in foreclosure mediation cases.

In foreclosure cases, the homeowners requesting mediation shall be required to complete financial counseling and to file proof thereof with the Court at least 5 days before the scheduled hearing.

CRITICAL

If the note is unavailable when the complaint is filed, it must be filed before a summary-judgment or default-judgment motion.

If a copy of the note is not available at the time of the filing, a copy thereof shall be filed prior to the filing of a motion for summary judgment or default judgment.

CRITICAL

Deadline

5 business days

Unless otherwise ordered, prevailing counsel must prepare the appropriate document and forward it to opposing counsel within five business days after the decision is announced.

After the court has announced its decision on any matter requiring an entry, order, decision or decree, unless otherwise ordered, counsel for the prevailing party shall prepare the appropriate document and forward it to opposing counsel within five (5) business days.

CRITICAL

Deadline

5 business days

An entry must be sent to opposing counsel or the self-represented party for signature within five business days of the decision, with notice that it will be offered to the court on the fifth business day after submission.

Entries shall be submitted to opposing counsel or to a self-represented party for signature within five (5) business days of the court’s decision, along with notice that the entry will be offered to the court on the fifth business day after the proposed entry is submitted.

CRITICAL

A motion for contempt or to compel the division or exchange of personal property must be filed by the 30th day after the initial 30-day period expires.

The court will only entertain these motions if filed by a party on or before the 30th day after the expiration of the 30-day period.

CRITICAL

Deadline

5 business days

The movant must order a compact disc of the hearing recording from the court reporter within five business days after filing the motion.

order a compact disc of the recording of the hearing from the court reporter within five (5) business days of the filing of the motion.

CRITICAL

Deadline

15 business days

10.4 If an entry or objections to a proposed entry is not received by the court within fifteen (15) business days of its decision, then the court may dismiss the matter, order the Clerk to enter judgment in accordance with the decision rendered, or take other appropriate action including the imposition of sanctions.

10.4 If an entry or objections to a proposed entry is not received by the court within fifteen (15) business days of its decision, then the court may dismiss the matter, order the Clerk to enter judgment in accordance with the decision rendered, or take other appropriate action including the imposition of sanctions.

CRITICAL

file a request for ruling on the entry with the Court within three (5) business days.

file a request for ruling on the entry with the Court within three (5) business days.

CRITICAL

Mortgage assignments must be recorded with the county recorder before any summary-judgment or default-judgment motion is filed.

Said assignment shall be recorded with the county recorder prior to the filing of any motion for summary judgment or default judgment.

CRITICAL

Required filing fees in a transferred case are due within 30 days after transfer.

In any case that is transferred to this court from another court; the Clerk shall collect from the Plaintiff the required filing fees within 30 days of the transfer.

CRITICAL

Parents must attend the seminar within 45 days after the action or motion is filed.

Attendance at the seminar shall take place within forty-five (45) days after the filing of the action or motion.

CRITICAL

A dissolution petition will be dismissed if the decree is not presented within the 90-day jurisdictional period, even if a hearing has occurred.

If a decree of dissolution has not been presented within the ninety (90) day jurisdictional period, the petition will be dismissed even if a hearing has already occurred.

CRITICAL

A party that did not join a mediation request has five business days from the later of the request’s filing or the referral order to file an objection.

If all parties to an action do not join in the request for mediation, a party not joining in the request shall have five (5) business days after the filing of the request or the order of referral whichever is later, to file an objection to the mediation.

CRITICAL

Deadline

7 business days

After a stay notice is filed with the Clerk, the foreclosure party must present a proposed stay entry within seven business days.

If a notice of a stay is received, the party granted the foreclosure shall present a proposed entry staying the case to the court within seven (7) business days of the filing of the notice of stay with the Clerk of Court.

CRITICAL

The final judicial title report or title opinion must be filed no later than the accompanying summary-judgment or default-judgment motion.

A final judicial title report or title opinion shall be filed prior to or with a motion for summary judgment or default judgment.

CRITICAL

The joint entry for a partial mediation settlement is due within five business days after mediation terminates.

If some, but not all, issues in the case are settled during mediation, then the parties shall submit a joint entry to the court listing the issues settled and that remain disputed within 5 business days of the termination of the mediation.

CRITICAL

Deadline

3 business days

The Clerk must give notice of the filing fee due within three business days after transfer.

The Clerk shall give notice of the filing fee due within three (3) business days of the transfer.

CRITICAL

A motion for default judgment may be filed only after the answer time has expired.

Motions for default judgment shall be filed in writing any time after the answer time has expired.

CRITICAL

Deadline

5 business days

An opposing counsel or self-represented party objecting to a proposed entry must file written objections, a copy of the proposed entry, and a supporting memorandum within five business days after submission.

If the opposing counsel or self-represented party objects to the proposed entry, he or she shall file written objections together with a copy of the proposed entry and a memorandum in support of the objections within five (5) business days after the proposed entry was submitted.

CRITICAL

The psychologist or psychiatrist must provide the report to the court at least seven days before the hearing, unless otherwise ordered.

The psychologist or psychiatrist will provide the court with the original written report and recommendation (including case name and number, the date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.

CRITICAL

The child-support guideline worksheet must be filed with the Court before the order is approved.

a child support worksheet showing the amount payable under the child support guidelines must be filed with the Court prior to approval of the order.

CRITICAL

The opposing party has fourteen days to respond.

The opposing party shall have fourteen (14) days to respond with a memorandum and counter affidavits.

CRITICAL

Applies to

Pre trial motion

Defense counsel must file pre-trial motions as soon as their grounds become known and no later than the final pre-trial, unless the Court grants leave to file later.

Counsel for defendants shall file any pre-trial motions as soon as the grounds for said motions become known, and in no case no later than the date of the final pre-trial unless the Court grants leave to file out of rule.

CRITICAL

Deadline

5 business days

Opposing counsel must sign and return the document within five business days of receiving it.

Opposing counsel shall sign and return the document within five (5) business days of receipt.

CRITICAL

A party objecting to an adverse party’s exhibit must file the written Objection Statement no later than one day before trial.

No later than one day before trial, each party who objects to the admissibility of any adverse party’s exhibit shall file and serve a written Objection Statement regarding any challenged exhibits which shall state (a) whether the party objects to an exhibit’s authenticity, and (b) any other ground on which the party objects to that exhibit’s admissibility (without argument or citation of authority).

CRITICAL

If a final hearing or trial date has been set, a default-judgment motion requires leave of court before filing.

If the Court has set a final hearing or trial date, a motion for default judgment shall not be filed without leave of court.

CRITICAL

In a pending divorce or legal separation, each party must disclose the required information and documents to the opposing party within twenty-eight days after filing an answer or counterclaim.

Each party to a pending divorce or legal separation shall within twenty-eight (28) days of the filing of an answer or counterclaim disclose to the opposing party the following information and documents:

CRITICAL

Counter affidavits and an opposition memorandum are due within fourteen days after service of the temporary-order motion.

The opposing party shall file any counter affidavits and memorandum in opposition to the motion, within fourteen days after the party has been served with the motion requesting temporary orders.

CRITICAL

Applies to

Trial motion

A motion filed for trial purposes must be filed no later than 28 days before trial.

A motion filed for purposes of trial shall be filed no later than twenty-eight days prior to trial.

CRITICAL

The movant must file a transcript prepared by a Court-approved reporter within thirty days from the referenced date.

The movant shall then have thirty (30) days from that date to file a transcript of the hearing transcribed by a court reporter approved by this Court.

CRITICAL

Applies to

Cited deposition

Depositions cited in the supporting memorandum must be filed no later than the date the motion is filed.

Any depositions cited in the memorandum must be filed no later than the filing date of the motion.

CRITICAL

Deadline

15 business days

The document must be submitted to the Court within fifteen business days after the decision is announced.

The document shall be submitted to the court within fifteen (15) business days after the court announces its decision.

WARNING

After fourteen days from service have elapsed or opposition papers have been filed, the Court may issue temporary orders based on the affidavits or set the motions for hearing.

After fourteen (14) days from service has elapsed or the filing of counter affidavits and memorandum in opposition to the motion for temporary orders, the Court may issue temporary orders based upon the affidavits submitted or set the motions for hearing.

WARNING

The party requesting a transcript is responsible for filing it with the Court or Court of Appeals within the time limits prescribed by law.

The party requesting the transcript shall be solely responsible for filing the transcript with the Court or the Court of Appeals within the time limits prescribed by law.

WARNING

A mediation referral stays the case’s time standards only while mediation is underway.

A referral to mediation shall stay the time standards for the case during the time of mediation only.

WARNING

Deadline

5 business days

The opposing party may submit a memorandum in opposition to the objections within five (5) business days after the filing of the objections.

The opposing party may submit a memorandum in opposition to the objections within five (5) business days after the filing of the objections.