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

CRITICAL

In a post-decree matter, the applicable motion must be filed at the same time as the ex parte motion.

In Post-Decree matters the ex parte Motion shall be accompanied by a Motion to Reallocate Parental Rights and Responsibilities, a Motion to Modify/Terminate Parenting Time/Shared Parenting Decree/Plan, or Motion for Third Party Custody which shall be filed contemporaneously with the ex parte Motion.

CRITICAL

An electronic filing’s effective date and time are when the clerk accepts and approves it, as shown by the submitted document’s timestamp.

(8) EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT. The date and time the electronic filing was accepted and approved by the clerk of court as noted by the time stamp on the submitted document.

CRITICAL

The Clerk will not accept a pleading or motion that lacks sufficient copies for service on all parties and counsel.

1.03 The Clerk shall not accept for filing any pleading or motion that does not include sufficient copies to be served upon all parties and counsel.

CRITICAL

The Clerk will not accept a filing that lacks the complete contact information required by this rule.

1.02 No filings shall be accepted by the Clerk without complete contact information as required in accordance with this rule.

CRITICALCivil cases

Petitions for an ex parte Civil Protection Order filed at or after 3:00 p.m. will not be considered until the next business day the Court is in session.

Any Petition for an ex parte Civil Protection Order filed on or after 3:00 p.m. shall not be considered by the Court until the next business day that the Court is in session.

CRITICAL

A rejected document is not filed or part of the official record, and the filer must resubmit it to meet filing requirements or deadlines.

(6) In the event that the submitted document is REJECTED by the clerk following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.

CRITICAL

A document due that day may be e-filed through 11:59 p.m. Eastern Time; a filing after that time is deemed filed the next day.

Further, on the date on which a document must be filed, the document may be electronically filed up until 11:59 p.m. Eastern Time. Any document filed after 11:59 p.m. Eastern Time shall be deemed to have been filed on the next day.

CRITICAL

The Clerk's office will not accept a motion for filing without an oral hearing date unless it is for a temporary, pendente lite, or ex parte order, or has been authorized by the Judge, Magistrate, or Domestic Relations Docket Administrator.

In order to properly maintain its motion docket, the Court directs that no motion except motions for temporary orders, pendente lite orders or ex parte orders shall be accepted by the Clerk's office for filing without an oral hearing date, unless it has been authorized to be filed by the Judge, Magistrate, or the Domestic Relations Docket Administrator.

CRITICAL

An electronic document is considered filed when transmission is complete and any required payment has been successfully tendered electronically.

Any document filed electronically shall be considered as filed with the court when the transmission of the court's electronic filing system is complete ("effective date and time") and payment, if required, has been successfully tendered electronically.

CRITICAL

Payment will not be authorized unless fully completed forms are submitted within the times prescribed by the Ohio Public Defender Standards and Guidelines.

no payments shall be authorized unless the fully completed forms are submitted within the times prescribed by the Ohio Public Defender Standards and Guidelines.

CRITICAL

The clerk must reject noncompliant filings and send the filer an electronic notice of deficiency.

(5) If a filing is found to have any missing element or to not otherwise comply with court rules, policies, procedures and practices, the clerk of courts shall reject the filing and send an electronic notice of deficiency to the filer.

CRITICAL

In a new matter, the applicable complaint must be filed at the same time as the ex parte motion.

In new matters, the ex parte Motion shall be accompanied by a Complaint for Divorce, Legal Separation, or Complaint for Allocation of Parental Rights and Responsibilities/Parenting Time/Third Party Custody Action which shall be filed contemporaneously with the ex parte Motion.

WARNING

The e-filing system must issue a receipt confirmation stating the date and time received, which serves as proof of filing.

Upon receipt of a filing, the court's electronic filing system shall issue a confirmation that the filing has been received. The confirmation shall include the date and time of receipt and serve as proof of filing.

WARNING

Filers receive notice of whether a document is accepted, under review, or rejected, and each document receives an electronic stamp showing its transmission date and time when accepted.

A filer will receive subsequent notification from the clerk of courts that the filing has been ACCEPTED, placed in a REVIEWING status, or REJECTED by the clerk's office for docketing and filing into the general division's case management system. Each document will receive an electronic stamp. When the filing is ACCEPTED by the clerk, this stamp will include the date and time that the filer transmitted the document to the court's electronic filing system.

WARNING

E-filed documents are not considered public records until the clerk accepts them after review.

(7) All documents submitted for e-filing shall not be considered a public record until ACCEPTED by the clerk following review.

WARNING

An ex parte Civil Protection Order petition filed at or after 3:00 p.m. will not be considered until the next business day the Court is in session.

Rule 22.01 – Any Petition for an ex parte Civil Protection Order filed on or after 3:00 p.m. shall not be considered by the Court until the next business day that the Court is in session.

WARNING

An ex parte Civil Protection Order petition filed at or after 3:00 p.m. will not be considered until the next business day the Court is in session.

Any Petition for an ex parte Civil Protection Order filed on or after 3:00 p.m. shall not be considered by the Court until the next business day that the Court is in session.

WARNING

Electronic submissions transmitted after the Clerk's review hours will be reviewed in the ordinary course on the next business day.

Submissions transmitted after these hours will be reviewed in the ordinary course on the next business day.

WARNING

The Clerk reviews electronic filings Monday through Friday from 8:00 a.m. to 4:00 p.m. Eastern Time, except on holidays and emergency closures.

The Clerk will only review electronic filings Monday through Friday, 8:00 a.m. to 4:00 p.m., Eastern Time, excluding holidays and other emergency closures.

WARNING

For an electronic filing receipt error within the court's or clerk's control, the court may, upon satisfactory proof, permit filing nunc pro tunc to the electronic transmission date.

(1) If the electronic filing is not filed with the court because of an error in the receipt of the document by the court's electronic filing system due to circumstances under the court's or clerk of court's control, the court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically.

WARNING

If the e-filing interface is nonfunctional for more than one hour, the clerk may post the anticipated resolution time and interim filing steps, which may require or permit paper filing.

(2) In the event of a technical failure which renders the clerk of court's e-filing interface non-functional for more than one hour, the clerk may provide notice on its website indicating the anticipated resolution time and what steps filers should take in the interim. At the discretion of the clerk or by order of a judge of the court, these steps may include a period of time where paper filing is required or permitted.

CRITICAL

Opposing counsel must approve or reject the entry within three days after receiving it.

Opposing counsel shall approve or reject the entry within three days after receipt.

CRITICAL

Responding parties may file objections to the decision, a response, or a memorandum contra within 10 days after the initial objections are filed.

Within 10 days of the filing of the initial objections, responding parties may file their objections to the decision and/or a response or memorandum contra to the objections.

CRITICAL

Objections must be filed with the Court and served on all other parties within fourteen days of the decision’s filing date.

decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.

CRITICAL

All parties or their attorneys have approved the entry, or no objection was filed within 10 days after the entry was served on all parties.

All parties or their attorneys have approved the entry, or no objection was filed within 10 days after the entry was served on all parties.

CRITICAL

Counsel must ensure a file-stamped copy of the statement of evidence is immediately provided to the Court Administrator.

A file-stamped copy of the statement of evidence must be submitted to the Court Administrator. It is the responsibility of counsel to ensure that the file-stamped copy is immediately provided to the Court Administrator.

CRITICAL

A person who believes the supporting affidavit is inaccurate or misleading may request an immediate hearing by filing the form with the Clerk of Courts within 30 days of receiving the order.

If you believe the affidavit in support of the ex parte order contains inaccurate statements, or false or misleading statements, you may request, within 30 days of receiving the attached order, an immediate Court hearing by filing this form with the Clerk of Courts at 117 East High Street Rm 201, Mt. Vernon, Ohio 43050.

CRITICAL

The responding party must file any counter-motion, affidavits, evidence it wants admitted, and objections to evidence in the original motion within 14 days after service of the moving party's motion for a non-oral hearing.

Within 14 days of the moving party's motion for non-oral hearing being served, the responding party shall file any counter-motions/affidavits, evidence that they wish to be admitted, and objections to any evidence presented in the original motion/affidavits.

CRITICAL

The trust or memorandum of trust, with amendments, is due within 30 days of commencement of the action or proceeding when a party's asset is in a trust.

In all cases where any asset of the parties is in a trust, the parties shall file a copy of the trust or a memorandum of trust with any amendments thereto within 30 days of the commencement of the action or proceeding.

CRITICAL

The Custody Evaluator must file the report with the Clerk of Courts at least 30 days before the first day of the final hearing.

The report shall be filed by the Custody Evaluator with the Clerk of Courts at least 30 days pitot to the first day of the final hearing.

CRITICAL

The moving party must file any objections to evidence presented in the counter-motion or affidavits within 7 days after they are filed.

Within 7 days of the counter-motion/affidavits for non-oral hearing being filed, the moving party shall file any objections to any evidence presented in the counter-motion/affidavits.

CRITICAL

Motions to compel must be requested on or before the discovery completion date.

Completion of discovery means that Motions to Compel must be requested on or before the discovery completion date;

CRITICAL

Deadline

2 court days

When a jury trial is scheduled in a criminal case, plea negotiations must be completed and approved by the Court at least two court days before trial for the Court to consider them.

In criminal cases, the Court will not consider any plea negotiations unless they have been completed and approved by the Court not less than two court days in advance of the trial date when a jury has been scheduled.

CRITICAL

Deadline

14 business days

When an immediate hearing is requested, the Court must schedule an oral hearing to occur within 14 business days after the request is filed.

If an immediate hearing is requested, the Court shall schedule an oral hearing to occur no later than fourteen business days after the request is filed.

CRITICAL

Deadline

2 court days

Notice of a settlement or dismissal must be given at least two court days before the jury-trial date.

8.02 The party/parties requesting a jury trial shall notify the Assignment Commissioner not less than two court days in advance of the jury trial date of the settlement or dismissal of the case.

CRITICAL

A divorce, annulment, or legal separation case is deemed uncontested unless an answer, motion, or stipulation for leave to plead is filed within 28 days after service is completed.

A divorce, annulment or legal separation case shall be deemed to be uncontested unless an answer, motion or stipulation for leave to plead is filed within 28 days after completion of service.

CRITICAL

The written transcript request must be filed and a copy delivered to a certified Court reporter before 14 days expire after the Magistrate’s Decision is issued.

A request for a transcript shall be filed in writing and a copy delivered to a certified Court reporter PRIOR to the expiration of the 14 days after the issuance of the Magistrate's Decision.

CRITICAL

The Clerk must make the journal entry on the day the Court's Entry Confirming Sale and Ordering Deed is filed.

On the day the Court's Entry Confirming Sale and Ordering Deed is filed, the Clerk of Courts is hereby directed to make an entry on the journal

CRITICAL

Deadline

14 calendar days

When no specific rule, statute, or Ohio Civil Rule sets the deadline, a required response or reply is due by the 14th calendar day after the opposing filing, a Court or Magistrate decision, or an order or entry, unless that decision, order, or entry specifies otherwise.

4.1 Filing Times. In all cases where a response or a reply is required and the time for filing is not fixed by a specific local rule, statute or the Ohio Rules of Civil Procedure, the filing must be made on or before the 14th calendar day after the filing date of the opposing party's document; a decision by the Court or Magistrate; or any order or entry; unless otherwise specified in a decision, order or entry.

CRITICAL

If no entry or order is submitted within seven days after Court notification, counsel or parties may be ordered to attend a show-cause hearing.

If no entry/order is submitted within seven days after notification from the Court, all counsel and/or parties may be ordered to appear for a “show cause” hearing.

CRITICAL

If a party timely files objections, another party may file objections 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 days after the first objections are filed.

CRITICAL

Counsel must promptly submit any settlement entry to the Court.

Counsel shall promptly submit any settlement entry to the Court.

CRITICAL

The purchaser must pay the balance due on the purchase price within 30 days after confirmation.

- Sheriff informs the purchaser that a deed has been prepared, and that the balance due on the purchase price must be paid within thirty (30) days after the date of confirmation.

CRITICAL

A party may file 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 days of the filing date of the decision.

CRITICAL

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

A magistrate shall issue a ruling on the objections within thirty days from the date of the last objection filed.

CRITICAL

Deadline

14 business days

The hearing must be set as soon as possible and no later than 14 business days after the form is filed with the Clerk's office.

A hearing will be set as soon as possible but no later than fourteen business days from the day this form is filed with the Clerk's office.

CRITICAL

The Sheriff must file a return with the Clerk within seven days after the sale.

Not later than seven (7) days following the date of the sale, the Sheriff shall file a return with the Clerk of Courts.

CRITICAL

The Sheriff's return must be filed with the Clerk of Courts within seven days after the Sheriff's Sale.

Sheriff's return was filed with the Clerk of Courts within seven (7) days after the date of the Sheriff's Sale.

CRITICAL

The QDRO must be submitted to the retirement plan administrator no later than 30 days after the final decree is filed.

The decree shall also include a requirement that the Qualified Domestic Relations Order be submitted to the retirement plan administrator no later than 30 days after the final decree has been filed.

CRITICAL

The requester must immediately file the prepared transcript with the Clerk of Court.

The party or attorney requesting the transcript shall immediately file the transcript with the Clerk of Court upon the transcript being prepared.