Lake County Court of Common Pleas, General Division Filing Timing and Cure Windows

Judgment entries may be rejected if the applicable items on the foreclosure checklist are not addressed promptly.

Although the provisions of Civil Rule 11 do not apply to the completion of this checklist, judgment entries will be rejected if any of the relevant items shown on this checklist are not addressed promptly.

Civil Rule 11 does not govern completion of the foreclosure checklist, but a judgment entry will be rejected if applicable checklist items are not addressed promptly.

Although the provisions of Civil Rule 11 do not apply to the completion of this checklist, judgment entries will be rejected if any of the relevant items shown on this checklist are not addressed promptly.

Counsel seeking an earlier ruling must notify the court immediately upon filing, certify service on all adverse parties, and specify the requested advanced rule day.

Counsel filing motions which require ruling prior to the normally anticipated rule day shall bring such motions to the attention of the court immediately upon filing same, and shall certify upon the motion, and copies thereof, service upon all adverse parties, and shall specify the advanced rule day requested of the court.

An electronic filing is effective when system transmission is complete and any required payment is successfully tendered; filings are due by 11:59 p.m. on the deadline date, and later filings are deemed filed the next day.

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. An electronic filing may be submitted to the clerk twenty-four hours a day, seven days a week. Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of courts is not open pursuant to section 1.04(B) of these rules (that is, on a weekend, legal holiday, or other closure). Further, on the date on which a document must be filed, the document may be electronically filed up until 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect on that date. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time shall be deemed to have been filed on the next day.

Deadline

2 business days

A filing placed in PENDING status for a missing element must be completed within two business days; timely completion can make it effective on the original filing date, while failure results in REJECTED status.

If a filing is found to have any missing element, the clerk of courts may place the document in a PENDING status and transmit a notice to the filer. The filer will have two business days to complete the filing. If the filing is completed within two business days, it may be ACCEPTED, and Click to return to Contents page 32 ===== PAGE 38 ===== the filing will be deemed effective and completed on the date on which it originally was electronically filed. If the filing is not completed within two business days, it will be moved from PENDING status to REJECTED status.

A document rejected after review is not filed, does not become part of the court record, and must be resubmitted to meet filing requirements and deadlines.

In the event that the submitted document is REJECTED 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.

For an e-filing interface failure lasting more than one hour, the clerk may post an outage notice and may require or permit paper filing temporarily.

In the event of a technical failure which renders the clerk of court’s eFiling 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. In 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.

A CQE petition is deemed filed on the date the filer personally appears before the clerk, signs under penalty of perjury, and pays the filing fee.

The petition for CQE shall be deemed filed as of the day on which the individual filing the petition has personally appeared in the office of the clerk of courts, signed the petition under penalty of perjury, and paid the filing fee.

The court may rule immediately on a motion for default judgment and will not schedule a non-oral, non-appearing hearing for such motions.

the court may rule upon the motion immediately upon its filing, and shall not schedule a non-oral, non-appearing hearing for said motions.

The court will not consider a motion to confirm sale until at least fifteen days after it is filed.

When a motion for confirmation of sale is filed, the court will not consider the motion for at least fifteen days after filing.

The court will not consider a motion to confirm a sale for at least fifteen days after it is filed.

When a motion for confirmation of sale is filed, the court will not consider the motion for at least fifteen days after filing.

The court may permit a filing nunc pro tunc to the electronic submission date upon satisfactory proof when a filing failed because of a court- or clerk-controlled system receipt error.

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.

Effective March 4, 2022, the attached Foreclosure Order of Procedure applies to all foreclosure cases filed in the court and is deemed filed in each case.

Effective March 4, 2022, the attached Order of Procedure (Foreclosure) shall be applicable to all foreclosure cases filed in this court, and shall be deemed filed in each case.

The electronic filing system issues a receipt confirmation containing the receipt date and time, and that confirmation 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.

Opposition papers in a summary-judgment motion must be filed no later than the twenty-eighth day after the motion is filed.

so that any brief in opposition and any affidavit, or other evidentiary material in opposition shall be filed on or before the twenty-eighth day after the filing of the motion

Summary-judgment reply papers must be filed no later than the seventh day after the opposition is filed.

and any brief, affidavit, or other evidentiary material in reply to the opposition shall be filed on or before the seventh day after the filing of the opposition

A summary-judgment motion is deemed submitted for consideration and ruling on the thirty-sixth day after filing.

and such motion shall be deemed submitted for consideration and ruling on the thirty-sixth day.

Untimely summary-judgment briefs, affidavits, and other evidentiary material will not be considered.

No brief, affidavit, or other evidentiary material shall be considered if not timely filed.

A Preliminary Judicial Report must be filed within 30 days after the complaint or other pleading that requires it.

A Preliminary Judicial Report (PJR) has been filed no more than 30 days after the filing of the complaint, or other pleading requiring a PJR.

A party with a protected interest in remaining sale proceeds has sixty days from entry of confirmation to move for distribution.

All parties with a protected interest in the remaining proceeds of sale shall have sixty (60) days from the entry of confirmation in which to file a motion for distribution.

The judgment entry of settlement must be submitted by the scheduled trial date and dispose of all claims, cross-claims, counterclaims, and third-party complaints.

The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross-claims, counterclaims, and third-party complaints.

If the settlement entry cannot be provided by the trial date, the parties must fax settlement confirmation and provide the entry as soon as practicable and no later than fourteen days later.

If the entry cannot be provided by the scheduled trial date, the parties shall fax confirmation of the settlement to the court, and provide the entry as soon as practicable, but within fourteen days.

All Standing Special Process Server affidavits and appointing orders expire one year after filing.

(6) All affidavits and orders appointing standing special process servers shall expire one year from the date of filing.

The judgment entry settling a case must be submitted by the scheduled trial date and should dispose of all claims, cross-claims, counterclaims, and third-party complaints.

The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross­ claims, counterclaims, and third-party complaints.

When a settlement entry is delayed, it must be provided as soon as practicable and within fourteen days.

If the entry cannot be provided by the scheduled trial date, the parties shall fax confirmation of the settlement to the court, and provide the entry as soon as practicable, but within fourteen days.

Motions, discovery, and other documents filed outside the time limits in the order are untimely and may be refused by the court.

Motions, discovery, and other documents not filed within the time limits set forth in this order shall be deemed untimely and may result in the court’s refusal to consider any such filing.

Discovery must begin immediately upon filing and be completed within eight months of filing the action.

Discovery shall commence immediately upon filing the action and shall be completed within eight months of filing the action.

The action must be prosecuted to conclusion within one year of filing, and default or summary judgment motions must be brought within a reasonable time after the grounds arise and sufficiently early to obtain relief before the one-year expiration.

As the time limit set by the Supreme Court for disposition of foreclosure cases is one year, the action shall be prosecuted so as to conclude within one year from filing. Motions for default judgment or for summary judgment shall be filed within a reasonable time after the grounds therefor come to the attention of the claimant, and within a sufficient time to obtain the relief requested before the expiration of one year after filing the action.

A summary judgment motion is set for a non-oral, non-appearing hearing 36 days after filing; opposition materials are due by day 28, reply materials by day 7 after the opposition, and the motion is submitted on day 36.

In the event that a claimant files a motion for summary judgment under Civil Rule 56, the court hereby fixes the day for non-oral non-appearing hearing on the motion as thirty-six days after the day the motion was filed, so that any brief in opposition and any affidavit, or other evidentiary material in opposition shall be filed on or before the twenty- eighth day after the filing of the motion, and any brief, affidavit, or other evidentiary material in reply to the opposition shall be filed on or before the seventh day after the filing of the opposition, and such motion shall be deemed submitted for consideration and ruling on the thirty-sixth day.

Untimely opposition or reply briefs, affidavits, and other evidentiary material in summary judgment proceedings will not be considered.

No brief, affidavit, or other evidentiary material shall be considered if not timely filed.

A party with a protected interest in remaining sale proceeds must file a distribution motion within sixty days after entry of confirmation.

All parties with a protected interest in the remaining proceeds of sale shall have sixty (60) days from the entry of confirmation in which to file a motion for distribution.

A Preliminary Judicial Report must be filed within 30 days after the complaint or other pleading requiring it is filed.

A Preliminary Judicial Report (PJR) has been filed no more than 30 days after the filing of the complaint, or other pleading requiring a PJR.

Filings due on the Friday after Thanksgiving are preserved until the following Monday.

(B) All filings which need to be filed by the Friday after Thanksgiving Day shall be preserved until the Monday following Thanksgiving Day.

A transcript of an oral proceeding on the record is necessary to support objections to findings of fact and must be filed with the clerk within 30 days after the objections are filed.

(1) A transcript of any oral proceeding on the record is necessary to support any objections to findings of fact. The transcript shall be filed with the clerk within thirty (30) days after the filing of the objections.

The Suggestion of Complex Litigation is due within 60 days after filing the complaint or any third-party complaint.

However, counsel shall, within sixty days of the filing of the complaint or any third party complaint, file a separate “Suggestion of Complex Litigation”

A summary-judgment motion is set for a non-oral, non-appearing hearing thirty-six days after filing.

In the event that a claimant files a motion for summary judgment under Civ.R. 56, the court hereby fixes the day for non-oral non-appearing hearing on the motion as thirty-six days after the day the motion was filed.

Opposition briefs, affidavits, and other evidentiary material in a summary-judgment motion must be filed by the twenty-eighth day after the motion is filed.

Any brief, affidavit, or other evidentiary material in opposition to the motion shall be filed on or before the twenty-eighth day after the filing of the motion.

A party must file any reply brief, affidavit, or other evidentiary material on or before the seventh day after the opposition is filed.

Any brief, affidavit, or other evidentiary material in reply to the opposition shall be filed on or before the seventh day after the filing of the opposition.

Untimely briefs, affidavits, and other evidentiary material in a summary-judgment motion will not be considered.

No brief, affidavit or other evidentiary material shall be considered if not timely filed.

A summary-judgment motion is deemed submitted for consideration and ruling on the thirty-sixth day.

The motion for summary judgment shall be deemed submitted for consideration and ruling on the thirty-sixth day.

Appellant's brief must be filed within thirty days after the later of the notice-of-appeal filing or the required transcript filing.

Counsel for appellant, within thirty days after filing a notice of appeal, or filing the transcript of proceedings, if required, whichever is later, shall file with the clerk of court a brief

Appellee's response brief is due within fifteen days after service of the appellant's brief and must satisfy the same brief-content requirements.

Within fifteen days after service of said brief, counsel for appellee shall file and serve a response brief subject to the same requirements

Proposed findings of fact and conclusions of law must be submitted to the court, with any written objections and counter-proposals, within ten days after service on opposing counsel or parties.

Within ten days after service upon opposing counsel or parties, the proposed findings shall be submitted to the court with written objections and counter-proposals, if any.

A party may move within ten days after findings and conclusions are filed to request amendment of the findings, conclusions, or judgment.

Upon motion of a party, made within ten days after the filing of such findings and conclusions, the court may amend the findings and conclusions, make additional findings and conclusions and may amend the judgment accordingly.

Applies to

Motion for distribution

A party with a protected interest in remaining sale proceeds must file a distribution motion within 60 days after entry of the confirmation order.

All parties with a protected interest in the remaining proceeds of sale shall have sixty (60) days from the entry of confirmation in which to file a motion for distribution.

Applies to

Receiver report

A receiver must file an initial report within three months after appointment and subsequent reports at regular three-month intervals until discharge or as otherwise directed by the court.

A receiver shall file reports of receipts and of all monies disbursed (with receipts for same and only after prior court approval) and of his or her acts and transactions as receiver within three months after the date of the appointment and at regular intervals every three months thereafter until discharged or at such other times as the court may direct.

Applies to

Compensation application

A fiduciary seeking compensation or attorney's fees must file a written application giving at least five days' notice of the hearing time and place.

such fiduciary shall file in this court a written application for such allowance containing notice of the time and place for hearing, which shall not be less than five days from the filing of such application.

When mediation results in an agreement, the parties or their attorneys must submit final judgment entries to the court within fourteen days after mediation concludes, unless the court orders an earlier submission.

In cases in which an agreement is reached, the parties or their attorneys shall submit final judgment entries to the court within fourteen days of the conclusion of the mediation, or earlier if ordered by the court.

A party seeking a collateral-benefits adjustment must file a motion with the assigned judge and a copy with the arbitration commissioner within ten days after the arbitration report and award is filed.

a party seeking an adjustment for collateral benefits pursuant to R.C. §2744.05(B) and R.C. §2305.27 must file a motion with the assigned judge within ten days of the filing of the report and award of arbitration and file a copy with the arbitration commissioner.

A brief opposing a collateral-benefits motion must be filed with the arbitration commissioner within seven days after the motion is filed.

A brief in opposition shall be filed within seven days of the filing of the motion and a copy filed with the arbitration commissioner.

Within seven days after the hearing, the arbitration board must file its report and award and provide copies to all parties or their counsel that same day.

Within seven (7) days after the hearing, the board of arbitration shall file a report and award with the arbitration commissioner and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

All conditions for appealing an arbitration award, including the appeal fee, notice, affidavit, and service, must be completed within 30 days after the award is docketed.

The rights of appeal shall be subject to the following conditions, all of which shall be complied with within thirty days after the entry of the award of the board on the docket in the office of the clerk of courts.

A party may file exceptions to an arbitration board decision within 20 days after the report and award are filed.

Any party may file exceptions with the clerk of courts from the decision of the board of arbitration within twenty days from the filing of the report and award

After electronic submission and a completeness determination, the filer must appear in the clerk’s office within 28 days to complete filing and pay the fee; failure to appear may result in dismissal for want of prosecution.

After the petition for a certificate of qualification for employment has been submitted electronically online and is determined to be complete, the individual who filed the petition shall appear at the office of the clerk of courts, within 28 days of electronic submission, to complete filing and pay the filing fee. If the individual who filed the petition fails to appear at the office of the clerk of courts within 28 days of electronic submission to complete filing and pay the filing fee, the court may dismiss the petition for want of prosecution.

Reply briefs may be served and filed within seven days after the opposition brief is filed.

Reply briefs to motions and submissions may be served and filed within seven days after the filing of a brief in opposition.

Unless otherwise provided, motions may be decided on the papers twenty days after filing without oral argument.

Except as hereinafter set forth, all motions may be considered upon the motion papers alone twenty days after the filing of same and without oral argument.