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

CRITICAL

A motion-hearing request must be filed with the motion or within three days after service by the other party.

If either party requests a hearing on the motion, such request along with a proposed hearing date shall be filed with the motion or within three (3) days of service by the other party.

CRITICAL

The information must be delivered to the Court when the complaint is filed if possible, or forthwith after filing if it is not immediately available.

A copy of the information shall be delivered to the Court, if possible, by the law enforcement agency upon the filing of the complaint. If such is not immediately available, it shall be delivered to the Court forthwith, after the filing of the complaint to assist the Court in making an emergency shelter care or temporary custody order.

CRITICAL

If the fiduciary files the qualifying notice or obtains court approval of an extension application, the first account or certificate of termination is due no later than 13 months after appointment.

The Fiduciary’s first account or certificate of termination is due no later than 13 months after the date of appointment if the Fiduciary files a notice under subparagraph (1) above, or if the Court approves an application under subparagraph (2) above.

CRITICAL

Deadline

10 calendar days

The opposing party must file any memorandum opposing the objections within 10 calendar days after the objections or their supplement is filed.

The opposing party will have 10 Calendar Days after the objecting party files its objections, or supplement to objections, in which to file a memorandum in opposition to the objections.

CRITICAL

Deadline

7 court days

A moving party that wishes to reply must file its reply within seven court days after the opposing response is filed.

If the moving party desires to reply to the opposing response, it must do so within seven Court Days after the filing date of the opposing response.

CRITICAL

The certificate of service of account must be filed before or simultaneously with the account.

Before or simultaneously with filing the account, the Fiduciary must file with the Court a certificate of service of account (SC Form 13.9), as required under R.C. §2109.32(B)(2).

CRITICAL

A written progress report concerning the child must be filed with the Court at least every 30 days, unless a specific Court order directs otherwise.

A written progress report concerning said child shall be filed with the Court at least every thirty (30) days unless otherwise directed by specific Court order.

CRITICAL

Deadline

10 calendar days

The required fee-hearing materials must be provided within 10 calendar days before the hearing.

Within 10 Calendar Days before the hearing, the attorney must provide the Court with a copy of the fee agreement, all billing statements and all other information relating to how the attorney computed his or her requested fee.

CRITICAL

Unless the court otherwise direds, counsel fofa,~party in whose favor an order_. decree or judgment is rendered shafi within seven (7) busi- ness days thereafter prepare the appropriate journal entry and submit it 1o the advelSe counsel who shd approve or reJect the same within three (S) bUSiness days. after Ute· receipt thereof.

Unless the court otherwise direds, counsel fofa,~party in whose favor an order_. decree or judgment is rendered shafi within seven (7) busi- ness days thereafter prepare the appropriate journal entry and submit it 1o the advelSe counsel who shd approve or reJect the same within three (S) bUSiness days. after Ute· receipt thereof.

CRITICAL

Requests for special instructions in jury cases must be filed and brought to the court's attention at least five working days before trial, unless the court directs otherwise.

3. Request for special instructions in any fury cases shall b&filed and brought 1n the attention of the oolJ't-at least five (5) WOlking days prior m the commencement of trfaf unless otherwise directed by the court.

CRITICAL

If a period ends on a weekend or legal holiday, it runs until 5:00:00 p.m. local observed time in Columbus on the next non-weekend, non-holiday day.

If the last day of the period is a Saturday, Sunday, or legal holiday, the period runs until 5 :00:00 p.m. local observed time in Columbus, Ohio on the next day that is not a Saturday, Sunday, or legal holiday.

CRITICAL

For qualifying circumstances under R.C. §2109.301(B)(1)(a)–(f), the fiduciary must timely file SC Form 13.10 by the end of the initial six-month period; court approval is unnecessary, and timely filing automatically extends administration.

If the estate qualifies for extended administration beyond six months under one or more of the circumstances described in R.C. §2109.301(B)(1)(a) – (f), the Fiduciary must file a Notice to Extend Administration (SC Form 13.10). The notice must be filed no later than the date the initial six- month administration period expires. No Court approval is necessary. The notice will automatically extend the administration if it is timely filed.

CRITICAL

A written progress report must be filed with the Court at least every 30 days unless otherwise directed, and must address the specified progress and recommendations.

A progress report concerning said child shall be filed in writing with the Court at least every thirty (30) days, unless otherwise specifically directed, concerning the treatment and rehabilitative progress of said juvenile and/or the juvenile's family. The progress report shall also make suggestions and recommendations for alteration of the program, custody, living arrangements and other relevant matters.

CRITICAL

Deadline

48 hours

Requests for disability-related assistance must be made by notifying the Court Administrator at least 48 hours before the hearing.

D.) Requests shall be made at least forty-eight (48) hours prior to the hearing .by notifying the Court Administrator.

CRITICAL

The opposition package and related proofs of service must be filed no later than three days after service.

The opposition package and the proofs of service pertaining thereto, shall be filed with the Court no later than three (3) days following service.

CRITICAL

Deadline

5 court days

The Fiduciary must be able to produce supporting documentation within five Court Days after the Court demands it.

The Fiduciary must be able to produce the supporting documentation within five Court Days after the Court’s demand.

CRITICAL

The certificate must be filed within the required time, as extended under Rule 56.1, or the fiduciary and attorney may be subject to citation under Rule 77.

Failure to file the certificate within the required time, as modified by any extension under Rule 56.1, will subject the Fiduciary and the Fiduciary’s attorney to citation under Rule 77.

CRITICAL

Deadline

5 court days

If relying on R.C. §2109.301(B)(1)(g), the fiduciary must file SC Form 13.8, usually at least five Court Days before the initial six-month period expires, and obtain court approval.

If the estate does not qualify for extended administration under subparagraph (1) above, but the Fiduciary contends that the estate qualifies for extended administration under R.C. §2109.301(B)(1)(g), the Fiduciary must file an Application to Extend Administration (SC Form 13.8). The application must usually be filed no later than five Court Days before the date the initial six-month administration period expires to enable the Court adequate time to consider and rule on the application. Court approval is necessary.

CRITICAL

In contested matters, unless the Court orders otherwise, the prevailing party must prepare and present the proposed entry to the Court and opposing parties within five Court Days after the hearing concludes.

In contested matters, the prevailing party must prepare and present the proposed entry to the Court and to the opposing parties or their attorney within five Court Days after conclusion of the hearing to which the entry applies, unless the Court orders otherwise.

CRITICAL

To avoid the citation hearing, delinquent documents must be filed by the last day of the 30-day grace period; after that, the hearing proceeds without exception.

The only way to avoid the citation hearing is to file the documents no later than the last day of the 30 day grace period. Once the grace period expires, the citation hearing will go forward without exception.

CRITICAL

Deadline

15 calendar days

The title examination must be obtained within 15 calendar days before the complaint is filed.

The certification must verify that the plaintiff obtained an examination of title to the real estate within 15 Calendar Days before filing the complaint to confirm that all parties with any interest in the real estate, as determined by the title examination, are named as parties to the action.

CRITICAL

Deadline

30 calendar days

Applicants, parties, and their attorneys must report contact-information changes in writing within 30 calendar days by filing amended contact information.

All applicants, other parties and their attorneys must inform the Court in writing of any changes in their contact information within 30 Calendar Days after the changes occur by filing an amended contact information.

CRITICAL

Deadline

30 calendar days

The guardian must inform the Court of subsequently discovered legal papers within 30 calendar days of discovery.

If the guardian discovers these documents after the time of the filing, the guardian must inform the Court of those legal papers within 30 calendar days of discovery.

CRITICAL

For periods shorter than seven days, include intermediate Saturdays, Sundays, and legal holidays in the computation.

Notwithstanding Civ.R. 6(A), when the period of time prescribed or allowed is less than seven days, as in expedited election cases under S.Ct.Prac.R. 12.08, intermediate Saturdays, Sundays, and legal holidays shall be included in the computation.

CRITICAL

Deadline

30 calendar days

The signed verification must be filed within 30 calendar days after the Court files the deposit entry; untimely filing may result in rescission of the order and a required guardianship.

The attorney representing the minor, or the responsible party under Rule 67.1(A), is responsible for obtaining and filing with the Court a verification of receipt and deposit of the minor’s funds (SC Form 22.3) within 30 Calendar Days after the Court files its entry requiring the deposit of the minor’s funds in an impounded account at a financial institution. Failure to timely return and file the signed verification may result in the Court rescinding its prior order and requiring a guardianship of the minor’s estate.

CRITICAL

Deadline

60 calendar days

If the court denies the extension application, the final and distributive account or certificate of termination is due no later than 60 Calendar Days after the initial six-month period expires.

The Fiduciary’s final and distributive account or certificate of termination is due no later than 60 Calendar Days after expiration of the initial six-month administration period if the Court denies the application under subparagraph (2) above.

CRITICAL

Deadline

10 calendar days

The party requesting publication must file the publisher’s affidavit showing the notice and publication dates within 10 calendar days after the final publication.

Within 10 Calendar Days after the final publication, the party requesting the publication must file with the Court a publisher’s affidavit showing the published notice and the dates of publication.

CRITICAL

Deadline

3 court days

A citation hearing will be held if required documents are not filed before the notice’s grace period expires, unless they are submitted at least three Court Days before the hearing.

The Court will conduct a hearing on all citations in which the Fiduciary fails to file a required document before expiration of the grace period stated in the notice of non-compliance unless the filing is submitted to the Court 3 Court Days prior to the citation hearing.

CRITICAL

Except for default judgments and Clerk-prepared entries, prevailing counsel must prepare and submit a journal entry to opposing counsel within five days after the Court's decision.

In all cases, other than judgments by default and cases in which entries are prepared by the Clerk, counsel for the party in whose favor an order, decree or judgment is rendered shall within five (5) days after the decision of the Court, prepare the proper journal entry and submit the same to counsel of the opposite party, who shall approve or reject the same, in writing, within three (3) days after receipt thereof.

WARNING

A late motion, response, or reply may not be considered before the Court rules unless the filer establishes exceptional circumstances and lack of prejudice to the opposing party.

Failure to file any motion, response or reply within the required time may result in the Court not considering the filing prior to ruling, unless the party late in filing can establish that the delay was a result of exceptional circumstances and that the opposing party will not be prejudiced by the filing delay.

WARNING

The motion timing rules in this section apply unless the Ohio Rules of Civil Procedure specify a different time or the Court orders otherwise.

This Rule governs time requirements relating to motions, unless a different time requirement is specifically stated in the Ohio Rules of Civil Procedure or unless the Court orders otherwise.

WARNING

The Court recommends depositing the money and obtaining the bank’s verification as quickly as possible.

Therefore, it is critical to get the money into an account and get the bank’s verification as quickly as possible.

WARNING

If responsible counsel does not submit a proposed entry to opposing counsel within 20 days after the decision, opposing counsel may submit one to the court.

2. It the respo~ble counsel faifs to submit a proPoSed entry to oppos- ing counsel within twenty (20) days following the decision, then opposing counsel may submit a proposed entry mThe Court

WARNING

Within the three-day review period, receiving counsel may request a hearing in writing; the Court may not approve the entry until that hearing occurs.

Counsel to whom such entry is submitted may within such three (3) day period, request the Court, in writing, for a hearing on the entry and until such hearing is had, no entry shall be approved by the Court.

WARNING

Best practice advises distinguishing calendar days from court days and treating a time requirement as using calendar days when the rule is silent.

Be careful to check whether a particular time requirement in these Rules is tied to “Calendar Days” or “Court Days.” “Calendar Days” includes every day, regardless of whether the Court is open that day or not. “Court Days” are only those days that the Court is open. If a Rule is silent, assume that it means “Calendar Days.”

WARNING

Filing a partial account before the initial six-month period expires does not extend estate administration.

Filing a partial account before expiration of the initial six-month administration period will not extend the administration.

WARNING

If prevailing counsel fails to provide an entry or counsel cannot agree on its form, the Court may prepare and journalize its own entry within 30 days of the verdict, decree, or decision.

If counsel in whose favor an order, decree or judgment is rendered, fails to submit or furnish the Court with an entry as herein provided, or should counsel fail to agree upon a form of entry, the Court may prepare its own entry and cause it to be journalized within thirty (30) days of the verdict, decree or decision.

WARNING

Any party may file a memorandum contra within seven days after the Objections are filed.

Memoranda contra to the Objections may be filed by any party within seven (7) days of the filing of said Objections.

WARNING

A magistrate’s decision may be reviewed upon timely filing of written objections under Juvenile Rule 40; that rule also controls appeals from a magistrate’s pretrial detention order.

A decision by a Magistrate may be reviewed by a Judge of this Court upon the timely filing of written objections (the "Objections") in accordance with Rule 40, Juvenile Rules. Appeals from a Magistrates pretrial detention order are also controlled by said Rule 40.

WARNING

For an estate inventory, the Court must review the filing and set a non-oral hearing within 30 days after filing.

When an inventory is filed in an Estate, the Court shall review the filing and set the matter for a non-oral hearing within 30 days of the filing of the inventory.

WARNING

Deadline

30 calendar days

A purchaser has 30 calendar days after signing the purchase contract to obtain an attorney’s title opinion, title insurance commitment, or other evidence of title.

The purchaser of the real estate in any land sale proceeding, whether by private sale or public auction, will have 30 Calendar Days from the date of signing the purchase contract in which to obtain an attorney’s opinion of title, commitment for title insurance or other evidence of title to the property.

WARNING

If a transcript is necessary to support objections, the objecting party must promptly request it from the Court.

If a transcript is necessary to support the objections, the objecting party must promptly request the transcript from the Court.

WARNING

A financially impacted beneficiary or creditor must object before the Court approves the account to trigger the stated exception to the usual no-hearing practice for normal statutory fees.

The Court will not require a hearing on the payment of normal statutory fees, unless a beneficiary or creditor who is financially impacted by the fee files an objection to the fee before the Court approves the account in which the fee is charged.

WARNING

The Court may order accountings more frequently than the regular schedule.

The Court may order periodic accountings more frequently.

WARNING

Witness fees must be requested by the conclusion of the relevant hearing or trial or they are waived.

Witness fees must be requested at or before conclusion of the hearing or trial for which the subpoena was issued. If not timely requested, witness fees will be deemed waived.

WARNING

Fiduciaries and their attorneys must determine filing dates and file on time; the Court does not provide advance reminders.

Our Court does not provide advanced reminders of upcoming filing deadlines to any Fiduciary or attorney. It is the Fiduciary and the attorney’s responsibility to determine filing dates and to make the filings within the required time.