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

CRITICAL

Facsimile filings are dated by the clerk’s timestamp, and faxes received after 4:00 p.m. on a regular business day or anytime on a weekend or holiday are filed the next regular business day.

The date/time of filing is not determined by the facsimile machine date/time stamp but is instead determined by the clerk’s time-stamp clock. Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is actually open, any facsimile received by the clerk after 4:00 p.m. on a regular business day or anytime on a weekend or holiday will be filed on the next regular business day. For purposes of any filing deadline imposed by these rules, court order, statute, or otherwise, a document will be deemed filed on the date and time when the clerk time stamps the document.

CRITICAL

Deadline

24 hours

A rejected filing relates to the rejection date only if resubmitted through the e-filing system within 24 hours of the rejection email, including weekends and holidays.

A rejected filing will be treated by the court as having been tendered to the clerk for filing on the date of the rejection if the filing party resubmits the rejected document through the e-filing system within 24 hours after the rejection electronic mail message was sent by the clerk. That 24- hour window is a firm deadline, and it applies even on weekends and holidays.

CRITICAL

A correction submitted after 24 hours will be rejected; a new electronic filing attempt is allowed but will not relate back to the initial rejection date.

Any corrective filing submitted after the 24-hour period expires will be rejected. If a party still wishes to file the rejected document electronically after the 24-hour correction period, that party may initiate a new e-filing attempt, but the document will not be treated by the court as having been tendered to the clerk on the date of the initial rejection.

CRITICAL

To have a corrective filing relate back after a technical failure, the filer must file a motion seeking relief.

If a document is not filed due to technical failures and the filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the filer must file a motion with the court seeking relief.

CRITICAL

The electronic file stamp records when the clerk originally received the transmission, and the document is considered filed at the stamped date and time.

This stamp will include the date and time when the clerk originally received the transmission. A document received electronically will be considered to have been filed on the date and time in the time stamp.

CRITICAL

The clerk must deliver the post-conviction petition to the judge within one day after filing.

The clerk will deliver the post-conviction petition to the judge no later than one day after it has been filed.

CRITICAL

Except for ex parte hearings or hearings set on an expedited basis by the judge or magistrate, a motion hearing may not be set less than 10 days after filing unless good cause is shown.

(D) Except for ex parte hearings, unless set for an expedited motion hearing by the judge or magistrate, no motion shall be set for hearing less than 10 days after filing, unless for good cause shown.

CRITICAL

Fax filings are deemed filed when clerk-stamped; faxes received after 4:00 p.m. on a business day or anytime on a weekend or holiday are filed the next regular business day.

(5) The date/time of filing is not determined by the facsimile machine date/time stamp but is instead determined by the clerk’s time-stamp clock. Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is actually open, any facsimile received by the clerk after 4:00 p.m. on a regular business day or anytime on a weekend or holiday will be filed on the next regular business day. For purposes of any filing deadline imposed by these rules, court order, statute, or otherwise, a document will be deemed filed on the date and time when the clerk time stamps the document.

CRITICAL

Deadline

24 hours

A rejected filing retains its rejection-date tender date only if resubmitted through e-filing within 24 hours after the rejection email, including weekends and holidays.

(v) A rejected filing will be treated by the court as having been tendered to the clerk for filing on the date of the rejection if the filing party resubmits the rejected document through the e-filing system within 24 hours after the rejection electronic mail message was sent by the clerk. That 24-hour window is a firm deadline, and it applies even on weekends and holidays.

CRITICAL

An electronically filed document is considered filed at the date and time shown on the clerk’s electronic file stamp.

(ii) This stamp will include the date and time when the clerk originally received the transmission. A document received electronically will be considered to have been filed on the date and time in the time stamp.

WARNING

A document cannot be altered after it receives an electronic file stamp.

After a document receives an electronic file stamp, the document cannot be altered.

WARNING

The court’s Eastern time zone governs electronic filing time, not the filer’s time zone.

Time at the court (Eastern time zone) governs, rather than the time zone from which the filing is made.

WARNING

The clerk must immediately notify the attorney if a transmitted document cannot be filed.

The clerk will immediately notify the attorney if the transmitted document cannot be filed for any reason.

WARNING

If the clerk rejects a filing, the filer receives an email stating the rejection and its reason.

If for any reason the document submitted for filing is not accepted and filed by the clerk, the filer will be notified via electronic mail that the document was rejected and the reason for rejection.

WARNING

The clerk may treat the e-filing site as having a technical failure if it cannot accept filings continuously or accepts them only intermittently for more than one hour after 10:00 a.m.; known outages will be posted if possible.

The clerk may deem the e-filing site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or only accepts filings intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. Known system outages will be posted on the clerk’s website, if possible.

WARNING

A filing party may seek court relief if a technical failure of the clerk’s system or filer-side problems cause an untimely filing.

A filing party whose filing is made untimely as a result of a technical failure of the clerk’s system or site, or as a result of problems on the filer’s end, may seek appropriate relief from the court.

WARNING

A document not successfully processed by the clerk receives no electronic file stamp, and the filer receives a rejection email.

A document electronically filed that is not successfully processed by the clerk will not receive an electronic file stamp, but the filer will receive a rejection email as provided in these rules.

INFO

The clerk assigns a confirmation number to each filing it receives.

A confirmation number will be assigned by the clerk to each filing received by the clerk.

INFO

The clerk receives electronic documents 24 hours a day, seven days a week, even when the clerk’s office is closed.

The clerk receives electronic documents 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is actually open.

INFO

Upon successful transmission, an electronically filed document receives a confirmation of receipt showing the date and time acknowledgement displayed on the filer’s screen.

All electronically filed documents will receive a confirmation of receipt that includes the date and time acknowledgement displayed on the screen of the filer’s computer upon successful transmission of the filing.

INFO

Upon successful transmission, the filer’s screen displays the confirmation number and filing date and time.

The confirmation number and the date and time of the filing will be displayed on the screen of the filer’s computer upon successful transmission of the filing.

INFO

After successful clerk processing, the filer receives an email confirming acceptance and filing, with the confirmation number and any assigned case number.

Upon successful processing by the clerk of the document submitted for filing, an electronic mail message will be sent to the filer stating that the document was accepted and filed. The email will also contain the confirmation number and case number assigned, if any.

INFO

The clerk electronically file-stamps a document upon acceptance.

Upon acceptance by the clerk, a document will receive an electronic file stamp.

INFO

The Court reviews registration petitions quarterly.

The Court will review petitions on a quarterly basis.

CRITICAL

In criminal cases, a memorandum contra must be filed and served on opposing counsel no later than 14 days after the motion is filed, unless the court orders otherwise.

For criminal cases, once a motion has been filed, any memorandum contra to the motion must be filed and served upon the opposing counsel no later than the fourteenth day following the filing of the motion, unless the court orders otherwise.

CRITICAL

When no law or other rule sets the filing time, pleadings or amended pleadings must be filed by the seventh day after the entry granting or requiring leave, unless the entry specifies otherwise.

In all cases where the time for the filing of pleadings or amended pleadings is not fixed by law or other rule, the pleadings or amended pleadings must be filed on or before the seventh day after the date of the entry requiring or granting leave for the filing of pleadings or amended pleadings, unless otherwise specified in the entry.

CRITICAL

The opposing party must move or plead by the fourteenth day after the pleadings or amended pleadings are filed.

The opposing party must move or plead to the pleadings or amended pleadings so filed on or before the fourteenth day after the pleadings or amended pleadings are filed.

CRITICAL

Before trial, Plaintiff’s counsel must immediately notify the trial judge by telephone and file written notice with the court as soon as the parties reach a settlement agreement.

As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiff’s counsel must immediately notify the trial judge by telephone and file written notice of the settlement with the court.

CRITICAL

The case-schedule discovery cutoff is the last date to seek trial-judge action on discovery by motion, absent extraordinary circumstances.

The discovery cutoff date specified in the case schedule will be the last date for any party to seek the involvement of the trial judge in the discovery process by way of motion seeking a ruling, an order, sanctions, or other court action, absent extraordinary circumstances.

CRITICAL

Dispositive motions must be filed by the date set in the case schedule or court order.

All dispositive motions must be filed no later than the date specified in the case schedule or court order.

CRITICAL

When a party against whom a judgment is sought has been served and has failed to plead or otherwise defend as provided by the Civil Rules, the party entitled to a judgment by default should promptly apply in writing to the trial judge within 30 days after the date upon which the defaulting party should have pleaded or otherwise defended.

When a party against whom a judgment is sought has been served and has failed to plead or otherwise defend as provided by the Civil Rules, the party entitled to a judgment by default should promptly apply in writing to the trial judge within 30 days after the date upon which the defaulting party should have pleaded or otherwise defended.

CRITICAL

The required affidavit must be filed no later than the day the default-judgment motion is filed.

The affidavit must be filed no later than the day of filing the motion for default judgment.

CRITICAL

Deadline

72 hours

Proposed written jury instructions are due no later than 72 hours before trial.

(B) Parties shall provide proposed written jury instructions, via email, no later than (72) hours before trial.

CRITICAL

The receiver’s first plan and activity report must be submitted within two months after appointment.

(C) 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 updates at least semi-annually.

(G) After filing the first plan and report, the receiver must file updated plans and reports no less often than semi-annually.

CRITICAL

An interested party or person may file an objection within 14 days after service of the notice; the court may hold a hearing or rule on the record.

If any party or person having an interest in the property to be sold or leased files an objection within 14 days of service of the notice, the court may set the receiver’s request for hearing or may rule based on the material of record.

CRITICAL

Ordinarily, approval waits until 14 days after service of an updated plan or report to allow comments or objections, but the court may shorten or otherwise alter the period for good cause.

Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 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.

CRITICAL

In actions seeking judicial sale of residential real estate with one to four single-family units, the party or parties seeking sale must file a preliminary judicial report within 14 days after filing the pleadings requesting relief.

In every action demanding the judicial sale of residential real estate consisting of one to four single- family units, the party or parties seeking the such judicial sale must file, within 14 days after the filing of the pleadings requesting that relief, a preliminary judicial report, under R.C. 2329.191(B), including: (i) a legal description of each parcel of real estate to be sold at the judicial sale; (ii) the street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate; (iii) the county treasurer’s permanent parcel number or other tax identification number of the real estate; (iv) the name of the owners of record of the real estate to be sold; (v) a reference to the volume and page or instrument number of the recording by which the owners acquired title to the real estate; (vi) a description of the record title to the real estate; however, easements, restrictions, setback lines, declarations, conditions, covenants, reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included; and (vii) the name and address of each lienholder and the name and address of each lienholder’s attorney, if any, as shown on the recorded lien of the lienholder.

CRITICAL

The preliminary judicial report must be effective within 30 days before the complaint or other pleading requesting a judicial sale is filed.

The preliminary judicial report will be effective within 30 days prior to the filing of the complaint or other pleading requesting judicial sale.

CRITICAL

The final judicial report must be filed with the clerk before the sale order or judgment entry is submitted to the court.

Prior to submitting any order or judgment entry to the court that would order the sale of the residential real estate described in section (A), the party or parties submitting the order or judgment entry must file with the clerk of the court a final judicial report that updates the state of the title to that real estate from the effective date of the preliminary judicial report through the date of lis pendens.

CRITICAL

For judicial sales of residential properties with more than four single-family units or commercial real estate, the seeking party must file either a preliminary judicial report or a qualifying owner’s fee policy commitment with the clerk within 14 days after filing the pleadings requesting relief.

In every action demanding the judicial sale of residential real estate consisting of more than four single-family units or of commercial real estate, the party seeking that judicial sale must file with the clerk of the court within 14 days after filing the pleadings requesting relief either a preliminary judicial report or a commitment for an owner’s fee policy of title insurance on the form approved by the department of insurance that is prepared and issued by a duly licensed title insurance agent on behalf of a licensed title insurance company.

CRITICAL

The title-insurance commitment must be effective within 14 days before the complaint or other pleading requesting judicial sale is filed.

The commitment must have an effective date within 14 days prior to the filing of the complaint or other pleading requesting a judicial sale

CRITICAL

The Sheriff must file the sale return with the clerk no later than the first Monday after the sale.

Not later than the first Monday following the date of the sale, the Sheriff will file the return with the clerk.

CRITICAL

Within seven days after the sale, the plaintiff must deliver the proposed confirmation entry to the judge and serve copies by regular mail on all parties or their attorneys of record.

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

CRITICAL

A party or the party’s attorney must present any proper written objection to the proposed confirmation entry within 14 days after the sale.

Unless proper written objection to the proposed confirmation entry is presented to the court by a party or the party’s attorney within 14 days after the date of sale, the proposed entry will be approved by the court and filed with the clerk forthwith.

CRITICAL

A written objection to a mediation referral or appointed mediator must be filed within seven days of receiving notice.

A party opposed to either the referral or the appointed mediator must file a written objection with the court within seven days of receiving notice of the referral or the mediator and explain the reasons for any opposition.

CRITICAL

A request to withdraw as counsel must be made no later than fifteen days before trial.

The request must be made no later than fifteen days before trial.

CRITICAL

Requests for compensation and reimbursement must meet the Ohio Public Defender Commission’s time guidelines, and failure to meet deadlines or other requirements may result in denial of reimbursement.

The requests for compensation and reimbursement must be filed within the time guidelines established by the Ohio Public Defender Commission. An attorney may be denied reimbursement for failure to meet the time deadlines or to comply with other reimbursement requirements.

CRITICAL

Bond agents and surety companies must register and file credentials by April 1 of each odd-numbered year; later registration requires a petition and court approval.

All bond agents and surety companies seeking to do business in Hocking County Common Pleas Court General Division must register and file their required credentials by the first day of April of each odd-numbered year in accordance with R.C. 3905.87. A registration application can be obtained from the Hocking County Clerk of Courts office or the Court’s website. Registration after this date will require the filing of a petition and approval by the Common Pleas Court to be added to the approved list.

CRITICAL

The relocation notice must be filed at least 90 days before the intended move unless good cause is shown.

(B) Except for good cause shown, this notice shall be filed no less than 90 days prior to the intended move.

CRITICAL

Deadline

3 business days

A party requesting court-appointed counsel must file an indigency affidavit with the Clerk of Courts within three business days after receiving the summons.

Any party requesting court-appointed counsel must file an indigency affidavit with the Clerk of Courts within three business days after receipt of the summons.

WARNING

In criminal cases, the movant may file and serve a reply memorandum on opposing counsel within seven days after the date stated in the memorandum contra’s certificate of service.

A reply memorandum may be filed by the movant and served upon opposing counsel within seven days after the date stated in the certificate of service in the memorandum contra.

WARNING

The extension motion and supporting affidavit should be filed by the expiration of the time to move or plead.

The motion and affidavit should be filed on or before the expiration of the time to move or plead.

WARNING

Deadline

24 hours

Failure to provide settlement notice may result in sanctions, including jury costs if notice is not given at least 24 hours before trial.

Failure to do so may result in sanctions, including jury costs if notice of settlement is not given at least 24 hours prior to the trial date.

WARNING

When mediation results in settlement, the mediator must provide written notice to the court as soon as practicable after successful mediation.

If settlement is reached by mediation, the mediator shall provide written notice to the court as soon as practicable following the successful mediation.

WARNING

Ordinarily, the court will wait 14 days after service of an updated plan or report before approving fees or other proposed action, but may alter the notice period for good cause.

(E) Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 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

Absent good cause, subpoena requests must be filed with the clerk at least two days before trial for the clerk or Sheriff to be required to issue them.

Except for good cause shown, neither the clerk nor the Sheriff is required to issue subpoenas, unless requests are filed with the clerk at least two days prior to the trial date.

WARNING

The opposing party may file a reply brief or memorandum in opposition with supporting materials within 14 days after service of the motion.

The opposing party may file a reply brief or memorandum in opposition along with supporting materials within 14 days after service of the motion

WARNING

Except for ex parte or court-designated expedited hearings, a motion hearing may not be set less than 10 days after filing absent good cause.

(D) Except for ex parte hearings, unless set for an expedited motion hearing by the judge or magistrate, no motion shall be set for hearing less than 10 days after filing, unless for good cause shown.

INFO

Voluntary, mutually agreed-upon discovery may continue after the cutoff if it does not delay another event on the case schedule.

Voluntary, mutually agreed-upon discovery, including perpetuation of trial testimony by video recording or otherwise, may continue after the discovery cutoff in a manner that does not delay any other event on the case schedule.

INFO

Counsel are advised to file dispositive motions at the earliest practical point in the litigation.

Counsel should file any dispositive motions at the earliest practical date in the course of litigation.

INFO

Attorneys are advised to submit bills within 45 days after the last court date.

Attorneys should submit bills no later than 45 days after the last court date.