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

CRITICAL

If an ex parte hearing is conducted, the Court will schedule a full hearing when that hearing concludes.

The Court will schedule a full hearing at the conclusion of the ex parte hearing.

CRITICAL

For stalking or sexually-oriented-offense protection-order petitions requesting ex parte relief, the hearing may be held on the filing day but must be held no later than the next business day.

If the petitioner is requesting an ex parte order on a Petition for Civil Stalking Protection Order or Petition for Civil Sexually Oriented Offense Protection Order, the ex parte hearing may be conducted by the Court on the day the petition is filed with the Clerk but will be conducted no later than the next business day following the day the petition is filed.

CRITICAL

The moving party must schedule other civil motions for the first non-oral hearing date at least 14 days after the later of filing or the service date stated in the motion’s certificate.

Other Civil Motions - shall be scheduled for a non-oral hearing by the party filing the motion by noting the motion on the first non-oral hearing calendar date that is at least 14 days after the actual date of filing the motion with the Court or the date of service set forth on the certificate of service attached to the motion, whichever is later.

CRITICAL

When seeking relief under Civil Rule 26(c) or 37, the disputed portions of the relevant discovery documents must be filed with the motion contemporaneously.

If relief is sought under Civil Rule 26(c) or Civil Rule 37 concerning any interrogatories, requests for production or inspection and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed under Civil Rule 26 (c) or Civil Rule 37.

CRITICAL

The moving party must schedule a summary judgment motion for the first non-oral hearing date at least 28 days after the later of filing or the service date stated in the motion’s certificate.

Motions for Summary Judgment - shall be scheduled for a non-oral hearing by the party filing the motion by noting the option on the first non-oral hearing calendar date that is at least 28 days after the date of filing the motion with the Court or the date of service set forth on the certificate of service attached to the motion, whichever is later.

CRITICAL

The date and time the Clerk receives a fax filing determine its filing time.

received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time of filing.

CRITICAL

After counsel approves the journal entry, it must be endorsed and presented to the assigned Judge; if signed, it must then be filed with the Clerk.

When the entry is approved by counsel, it shall be so endorsed and presented to the Judge to whom the case is assigned for approval and if signed by him shall then be filed with the Clerk.

CRITICAL

For domestic-violence and dating-violence protection-order petitions requesting ex parte relief, the Court will hold the ex parte hearing on the filing day, except in extraordinary circumstances.

If the petitioner is requesting an ex parte order (i.e., an order issued in emergency situations before the other side is provided notice and an opportunity to be heard), the ex parte hearing on a Petition for Domestic Violence Civil Protection Order or a Petition for Dating Violence Civil Protection Order will be conducted by the Court on the day the petition is filed with the Clerk except in extraordinary circumstances.

CRITICAL

An accepted fax filing is considered filed at the date and time the Clerk received the fax transmission.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Court.

CRITICAL

When ex parte relief is not requested, the Assignment Commissioner must schedule an expedited full hearing that allows proper service and adequate notice to the respondent.

If the petitioner is not requesting an ex parte order, the Assignment Commissioner shall schedule an expedited full hearing calculated to provide proper service upon and adequate notice to the respondent.

CRITICAL

Accepted fax documents are filed when received by the Clerk, and the receipt timestamp imprinted on each page determines the filing time.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Court. The office of the Clerk of Court will accept faxed documents 24 hours per day seven days per week including holidays. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time of filing.

WARNING

The sending party bears the risks of fax filing and is urged to verify that the clerk received the filing.

The risks of transmitting a document by fax to the Clerk of Courts shall be the sole responsibility of the sending party. Anyone using fax filing is urged to verify receipt of such filing by the Clerk of Court.

WARNING

If a fax filing lacks required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed.

If a fax is submitted to the Clerk of Court without the information listed above, the Clerk may, at its discretion: 1. enter the document in the Case Docket and file the document; or 2. deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.

WARNING

If a fax lacks the required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed.

If a fax is submitted to the Clerk of Court without the information listed above, the Clerk may, at its discretion: 1. enter the document in the Case Docket and file the document; or 2. deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.

WARNING

A continuance motion based on an attorney's Continuing Legal Education commitment must be filed forthwith after notification of the case assignment.

the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

WARNING

Deadline

24 hours

The Clerk must make all reasonable attempts to place filed papers in the proper case file within 24 hours of filing.

The Clerk shall make all reasonable attempts to cause all papers filed in an action to be inserted in the proper case file within 24 hours of the time of filing.

WARNING

The Court typically schedules the full hearing seven to ten business days after the petition is filed, whether or not ex parte relief was requested or issued.

Regardless of whether an ex parte order is requested or issued, the Court typically will schedule the full civil protection order hearing seven (7) to ten (10) business days following the filing of the petition.

WARNING

The original petition must be presented promptly to the Common Pleas Judge originally assigned to the petitioner’s trial case.

The original petition shall be presented promptly to the Judge of the Common Pleas Court who was originally assigned the petitioner’s case at trial for the preliminary determinations concerning the sufficiency of the Petition.

WARNING

If a fax lacks required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed; the Clerk need not notify the sender but may do so if practicable.

If a fax is submitted to the Clerk of Court without the information listed above, the Clerk may, at its discretion: 1. enter the document in the Case Docket and file the document; or 2. deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts. The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.

INFO

The Court will set the date and time for default judgment motions at its earliest convenience, and a simple default motion need not be scheduled for a non-oral hearing.

Motions for default judgment shall be heard by the Court at a date and time established at the Court’s earliest convenience there is no need to schedule a non-oral hearing on a simple default motion.

INFO

The Clerk’s office accepts faxed documents at all hours, every day of the week, including holidays.

The office of the Clerk of Court will accept faxed documents 24 hours per day seven days per week including holidays.

CRITICAL

Failure to timely file assignments of error, a brief, or a transcript demand may result in dismissal for want of prosecution or another disposition at the Judge’s discretion.

Failure of an Appellant to file his assignments of error, his brief or a 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.

CRITICAL

Responding briefs must be filed with the Court no later than noon on the day before trial.

Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than noon of the date before trial.

CRITICAL

Videotape depositions intended for trial must be filed with the Clerk for editing at least seven days before trial; late tapes will not be presented to the jury unless the Court grants leave for good cause.

If videotape depositions are to be used in the trial of a case, the tape(s) must be filed with the Clerk of Courts, for editing by the court, no later than seven (7) days prior to trial. Any videotapes submitted after this date will not be presented to the jury, unless for good cause shown, the Court grants leave to file said depositions out of rule.

CRITICAL

Each party must file its proposed-exhibit schedule with the Court seven days before trial.

A schedule of each party’s proposed exhibits shall be served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

For a change-of-custody motion, the moving party must secure a hearing date from the Court before filing the motion with the Clerk.

7. A Notice of Hearing - The moving party shall secure a hearing date from the Court before filing the motion with the clerk

CRITICAL

The mediation fee must be deposited with the Clerk of Court’s Office within 30 days after the Civil Trial Order is filed.

The fee is to be deposited with the Clerk of Court’s Office within 30 days of the filing of the Civil Trial Order.

CRITICAL

A challenge to an arbitration referral order or arbitrator selection must be raised by motion within 14 days after the notice is mailed.

Exceptions to an order referring a case to arbitration or the selection of any arbitrator shall be raised by motion filed within fourteen (14) days of the mailing of the notice of the order or selection, and shall be decided by the assigned Judge.

CRITICAL

A motion to arbitrate in a personal injury case must be filed no later than 270 days after the case is at issue.

Upon the filing by any party of a motion to arbitrate at any time after the case is at issue, but in no event later than 270 days after the case is at issue in personal injury cases

CRITICAL

In covered quiet title, partition, and lien foreclosure actions, the plaintiff’s attorney must file specified evidence of title within 30 days after the complaint, subject to the stated tax-foreclosure exception.

In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property and except those involving foreclosure of real property for delinquent land taxes by In Rem proceedings under Section 5721.18, the attorney for the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the state of the record title to the premises in question including the name of the owners of the property to be sold and a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title as the same shall have been prepared and extended by a responsible title and abstract company to a date not over thirty (30) days prior to the filing of the complaint.

CRITICAL

A party opposing arbitration must file a memorandum contra within 14 days after service of the motion to arbitrate.

A party who wishes to oppose arbitration shall file a memorandum contra within 14 days of service of the Motion to Arbitrate.

CRITICAL

The requesting party must submit proposed findings and conclusions within five days after receiving notice of the Court’s decision.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within five (5) days after the receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.

CRITICAL

A party requesting separate findings and conclusions must submit proposed findings and conclusions within five days after receiving notice of the Court’s decision.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within five (5) days after the receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law

CRITICAL

The continuance motion must be filed forthwith after notification of the case assignment when the request is based on an attorney’s Continuing Legal Education attendance.

When a continuance of a cause is requested on the grounds that an attorney interested in the case is attendance of Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

CRITICAL

In cases other than personal injury cases, a motion to arbitrate must be filed no later than 180 days after the case is at issue.

and 180 days in all other cases,

CRITICAL

The mediation fee must be deposited within 30 days after the Civil Trial Order is filed.

The fee is to be deposited with the Clerk of Court’s Office within 30 (thirty) days of the filing of this Civil Trial Order.

CRITICAL

Deadline

24 hours

Modifications and terminations of protection orders must be reported within 24 hours.

3. Modifications and terminations must be reported within twenty-four (24) hours.

CRITICAL

The Chairman must file the Report and Award with the Clerk of Courts and Assignment Commissioner within ten days after the hearing.

Within ten (10) days after the hearing, the Chairman shall file a Report and Award with the Clerk of Courts and the Assignment Commissioner,

CRITICAL

Custody Evaluators must submit their prior-calendar-year continuing education training list by January 1 each year.

All Custody Evaluators shall submit a list of continuing education training completed during the previous calendar year pursuant to Sup.R. 91 on or before January 1st of each year.

CRITICAL

Criminal motions and other written requests generally must be filed within 35 days after arraignment or plea, unless the Court allows otherwise; certain Rule 12 motions are excepted, and untimely or unresolved motions may be heard at trial in the Trial Judge’s discretion.

Motions and other written requests in the criminal cases shall be filed within thirty-five days after arraignment or plea unless otherwise allowed by the Court. Except for motions required to be determined prior to trial under Criminal Rule 12, motions not filed in such time or not disposed of may be heard and decided at the trial at the discretion of the Trial Judge.

CRITICAL

When no filing time is fixed by statute or Supreme Court rule, the Appellant’s brief is due within 20 days after the transcript is filed, the Appellee’s brief within 10 days after the Appellant’s brief, and any reply brief within five days after the Appellee’s brief.

Where the time for filing is not fixed by statute or rule of the Supreme Court, the Appellant shall file a brief within twenty (20) days after the filing of the transcript of the record: the Appellee shall file his brief within ten (10) days after the filing of the brief of Appellant and any reply brief shall be filed within five (5) days after the filing of the Appellee’s brief.

CRITICAL

The Custody Evaluator’s report must be filed at least 30 days before the Trial/Evidentiary Hearing unless the Court orders otherwise.

The Custody Evaluator’s report must be filed no later than thirty (30) days prior to the Trial/Evidentiary Hearing, unless otherwise ordered.

CRITICAL

A receiver who fails to file a report within 30 days after it is due or ordered may be removed without notice or compensation.

Failure to file any report within thirty (30) days after the same is due or ordered shall be grounds for removal without notice and without compensation.

CRITICAL

Unless the trial Judge directs otherwise, prevailing counsel must prepare and submit the journal entry within five days, and opposing counsel must approve or reject it within three 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 five (5) days thereafter prepare the proper journal entry, and submit it to the counsel for the adverse party, who shall approve or reject the same within three (3) days after the receipt thereof.

CRITICAL

Final orders of mental illness adjudication, incompetency, or court-ordered hospitalization must be submitted to the Ohio Attorney General’s Office within seven days of the final judgment entry.

1. All final orders of mental illness adjudication, incompetency, or court-ordered hospitalization shall be submitted to the Ohio Attorney General’s Office within seven (7) days of the final judgment entry; and

CRITICAL

Assignments of error and briefs must be filed within the time set by statute or Supreme Court rule, or within an extension granted in writing by the Judge after notice to opposing counsel or a party.

Where the time for filing assignments of errors and briefs are fixed by statute or by Rule of Supreme Court, they shall be filed within such time or extension thereof as may be granted in writing by the Judge after notice to opposing counsel or party.

CRITICAL

The moving party must secure a hearing date from the Court before filing a contempt motion with the Clerk.

The moving party shall also secure a hearing date from the Court before filing the motion with the Clerk

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed as a separate document no later than five court days after the fax document is filed.

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

CRITICAL

The asset-disclosure form must be completed after sentencing, filed with the Prosecuting Attorney’s Office, and maintained there until fines and costs are paid.

The form shall be completed subsequent to sentencing, and shall be filed with the Prosecuting Attorney’s Office and maintained by that office until the fine and costs are paid.

CRITICAL

Names and addresses of expected trial witnesses, other than rebuttal witnesses, must be filed with the Court seven days before trial.

Names and addresses of WITNESSES expected to testify at trial, except rebuttal witnesses, shall be served on opposing counsel and filed with the Court seven (7) days before trial.