Holmes County Court of Common Pleas, General & Domestic Relations Division Filing Timing and Cure Windows

CRITICAL

A fax-submitted document is considered filed when the Clerk’s date and time stamp is applied.

All documents submitted shall be considered filed when the date/time has been stamped by the Clerk. For the purposes of this rule, the date/time stamp produced by the Clerk’s facsimile machine shall constitute the date/time stamp of the Clerk.

CRITICAL

After Court approval and signature, the Clerk must enter the entry on the journal forthwith.

Upon approval and signature by the Court, the Clerk shall enter the entry forthwith upon the journal.

CRITICAL

The Court must withhold approval of the proposed judgment entry until ten days after copies were sent to other counsel or parties.

The Court shall withhold approval of the proposed Judgment Entry until ten (10) days after the date copies were sent to other counsel or parties.

WARNING

The Clerk of Courts must notify the attorney or sender if a fax-transmitted document cannot be filed.

The Clerk of Courts shall notify the attorney or sending party if the transmitted document cannot be filed for any reason.

CRITICAL

A party objecting to a Motion for Leave to Plead Instanter must respond within five days after the motion is filed.

In the event any party objects to the granting of a “Motion to Leave to Plead Instanter”, such objecting party shall respond within five (5) days from the “Motion to Leave Instanter’s” filing with the Court.

CRITICAL

Each opposing party must file a written response within 14 days after the motion is filed.

Each party opposing the motion shall file a written response within fourteen (14) days after the filing of the motion with the Court.

CRITICAL

Deadline

7 business days

The joint pretrial statement must be filed at least seven business days before the final pretrial conference.

the Court not less than seven (7) business days prior to the date of the final pretrial conference.

CRITICAL

Deadline

7 business days

In jury cases, the specified jury materials must be filed at least seven business days before the final pretrial conference.

(3) If the case is to be tried to a jury, counsel shall also file with the Court and serve upon all parties at least seven (7) business days before the date of final pretrial conference a draft of substantive jury instructions, jury interrogatories (if any), verdict forms, and an indication as to whether a jury view will be requested and, if so, details as to the site parameters of the view.

CRITICAL

Unless an exception applies or the Court directs otherwise, prevailing counsel in a civil case must prepare and submit a judgment entry within 14 days after the Court’s decision, after circulating the original to trial counsel and appearing unrepresented parties.

Except as to certifications, entries granting leave to plead, and matters in which the Court prepares a Judgment Entry, or unless the Court otherwise directs, counsel for the party in whose favor an order, judgment, or decree has being ranted in a civil case shall prepare a Judgment Entry relating the action of the Court and shall submit to the Court the same after circulation of the original to all other trial counsel and all parties unrepresented by counsel who have entered an appearance in the case, within fourteen (14) days of the Court’s decision, unless the time is extended by the Court.

CRITICAL

Opposing counsel or an unrepresented party must approve or reject a proposed entry within five days after service, with three additional days for a recipient residing outside the county.

The opposing counsel or unrepresented party shall approve or reject the proposed Entry within five (5) days after service of the same. Three days shall be added for any counsel or unrepresented party who resides outside the county.

CRITICAL

Once the proposed entry is approved, it must be returned to its preparer, who must submit it to the Court forthwith.

Upon approval, the Entry shall be returned to counsel who prepared it, who shall then submit it forthwith to the Court.

CRITICAL

A party’s failure to respond within the five-day period after service is deemed approval and authorizes the preparer to submit the entry or a duplicate directly to the Court.

The failure of any party to respond to a proposed Entry within the aforestated five (5) day period after service shall be deemed an approval of the Entry and shall authorize counsel who prepared the entry to submit it or a duplicate directly to the Court for approval.

CRITICAL

Counsel must submit an order of dismissal within 14 days after notifying the Court of settlement, unless the Court extends the time.

Counsel shall submit an order of dismissal for a case not later than fourteen (14) days after notice to the Court of settlement, unless said time is extended by the Court.

CRITICAL

A party objecting to a mediation referral or appointed mediator must file a written objection explaining the reasons within seven days after 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 provider and explain the reasons for any opposition.

CRITICAL

The requesting party or attorney must file the certificate continuation or certification within ten days after the decree ordering the sale is filed.

Within ten (10) days after the filing of any Decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall either file a Continuation of a previously filed Certificate, or shall file the following Certification with the Clerk:

CRITICAL

Pretrial motions generally must be made by the earlier of 35 days after arraignment or seven days before trial, subject to stated rule exceptions; the Court may extend the deadline in the interests of justice, and an extension request must comply with Local Rules 3 and 5(D).

All pretrial motions, including motions in limine, shall, pursuant to Crim. R. 12(C) and, except as provided in Crim. R. 7(E) and 16(F), be made within thirty-five (35) days after arraignment or seven (7) days before trial, whichever is earlier. The Court, in the interests of justice, may extend the time for making any pretrial motions. Such requests for extension of time shall comply with Local R. 3 and Local R. 5(D). Failure to comply with this Rule may result in the dismissal of a pretrial motion by the Court sua sponte.

CRITICAL

Deadline

7 business days

The parties and counsel must file a joint pre-motion hearing statement at least seven business days before a post-decree motion hearing, unless the Court directs otherwise.

At least seven business days prior to a post-decree motion hearing, unless otherwise directed by the Court, the parties and counsel shall file with the Court a joint pre-motion hearing statement.

CRITICAL

Deadline

7 business days

The joint pretrial statement must be prepared by counsel for all parties, or by an unrepresented party, and filed at least seven business days before the final pretrial conference.

joint pretrial statement shall be prepared by counsel for all the parties, or by the party if unrepresented, and shall be filed with the Court not less than seven (7) business days prior to the date of the final pretrial conference.

CRITICAL

In the specified domestic relations proceedings, the final report must be filed and made available for party inspection at least seven days before the final hearing unless the court extends the due date.

In domestic relations proceedings involving the allocation of parental rights and responsibilities, the final report shall be field with the court and made available to the parties for inspection no less than seven days before the final hearing unless the due date is extended by the court.

CRITICAL

A party may file written objections with the Court within 14 days of the decision’s filing date.

A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen (14) days of the filing date of the decision.

CRITICAL

If a party timely files objections, another party may file objections with the Court no later than 10 days after the first objections are filed.

If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten (10) days after the first objections are filed.

CRITICAL

A judge must rule on the objections within 30 days after the last objection is filed.

A judge shall issue a ruling on the objections within thirty (30) days from the date of the last objection filed.

WARNING

The Sheriff, deputy or party conducting the sale shall, prior thereto, announce that any purchasers shall have twenty-one (21) days from the date of sale to obtain an examination to title to said real estate. 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, which are for the convenience of the Court, but said purchaser may, within the twenty-one (21) day period, notify the Court thereof by written motion requesting that said sale

The Sheriff, deputy or party conducting the sale shall, prior thereto, announce that any purchasers shall have twenty-one (21) days from the date of sale to obtain an examination to title to said real estate. 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, which are for the convenience of the Court, but said purchaser may, within the twenty-one (21) day period, notify the Court thereof by written motion requesting that said sale

WARNING

A purchaser seeking expedited confirmation may waive examination by filing a written waiver with the Clerk within the twenty-one-day period.

A purchaser may waive his right to examination in a writing filed with the Clerk within such twenty-one (21) day period if any expedited confirmation is desired.