Lebanon Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

If the Court finds that a system failure prevented e-filing, it must deem the document filed as of the attempted submission date.

If the Court determines from the motion described in these Rules that a system failure prevented a filer from e-Filing a document, the Court must enter an order deeming the document filed as of the date of the attempted electronic submission.

CRITICAL

After acceptance, an e-filed document cannot be withdrawn, deleted, or altered, and only a judge or magistrate may strike it if filed in error.

After the Clerk accepts an e-Filing, the e-Filed document cannot be withdrawn, deleted, or altered. After acceptance, only a judge or magistrate can strike an e-Filing in the event it has been filed in error.

CRITICAL

A pleading filed by mail is deemed filed on the date the Clerk time-stamps it as received.

All pleadings filed by mail shall be deemed filed as of the date the Clerk time-stamps the document received.

CRITICAL

Technical failures cannot extend jurisdictional deadlines, including statutes of limitation and appeal deadlines.

Technical failures, whether the fault of the E-Filing Portal or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitation or deadlines for appeal).

CRITICAL

For an accepted e-filing, the effective filing date and time correspond to the date and time of submission to the E-Filing Portal.

The electronic timestamp, and the effective date and time of filing, will correspond to the date and time the e-Filing was submitted to the E-Filing Portal.

CRITICAL

Applies to

Revised document

An e-Filer may file a revised document only if no party has responded to the original, and must file it within the time permitted for the original document.

An e-Filer who wishes to make corrections or additions to a previously filed document may file a revised document if no response has been made to the original filing by any party. • The revised document must be filed within the time permitted for the filing of the original document.

CRITICAL

A rejected document is considered filed upon submission if its deficiencies are corrected timely, within no more than two business days.

A rejected document will be considered filed upon submission, provided any deficiencies are corrected in a timely manner, not to exceed two business days.

CRITICAL

The response-filing period for a properly filed revised document begins on the date the revised document is filed.

The time for filing a response to a revised document properly filed under this rule begins to run from the date the revised document is filed.

CRITICAL

A filer affected by a system outage may move to have a document deemed filed on its attempted submission date, but must submit it no later than the next business day after official acknowledgement of the outage.

Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an official acknowledgement of the system outage, may file a properly supported motion for an order permitting the document to be deemed filed as of the date it was electronically submitted.

WARNING

Prior to acceptance for filing, the Clerk may reject a document from the E-Filing Portal upon timely request by the e-Filer.

Prior to acceptance for filing, the Clerk may reject a document from the E-Filing Portal upon timely request by the e-Filer.

WARNING

Deadline

1 business days

The Clerk must accept, docket, and scan paper filings by the end of the next business day or as soon as practicable, and retain the original.

The Clerk must accept the paper document filing, docket the document, and scan the document before the end of the next business day or as soon as practicable, and retain the original for placement in the case file.

WARNING

For an unexpected outage, the Clerk must post a message on the Clerk’s website and the E-Filing Portal.

Unexpected Outage. If the system outage is unexpected, the Clerk must post a message on the Clerk's website and on the E-Filing Portal.

WARNING

For a planned or anticipated outage, the Clerk must post an alert on the Clerk’s website and the E-Filing Portal identifying the relevant timeframe.

a. Anticipated Outage. If the system outage is planned or anticipated ahead of time, the Clerk must post a message on the Clerk's website and on the E-Filing Portal alerting filers of a possible system outage. This message is an official acknowledgment of a system outage that may have prevented some filers from submitting their filings within a certain timeframe, as identified in the message.

WARNING

The Clerk must notify the Court and the public of an E-Filing Portal malfunction lasting more than one hour.

The Clerk must notify the Court and the public of any malfunction with the E-Filing Portal greater than one hour.

INFO

The Clerk reviews e-filing submissions during normal business hours and either accepts or rejects them.

The Clerk will perform a Clerk review of the submission during Normal business hours and will either accept or reject the submission.

CRITICAL

Deadline

5 business days

A witness-subpoena praecipe and the applicable deposit must be filed with the Clerk no later than five business days before trial.

The praecipe for a subpoena of a witness shall be filed with the Clerk no later than five business days before the date of trial, with the applicable deposit.

CRITICAL

Where appropriate, counsel must submit a default-judgment application within 15 days unless the Court directs otherwise; the case may be dismissed for want of prosecution.

Default Judgment. Where appropriate under the Rules of Civil Procedure, counsel shall submit an application for default judgment within 15 days, or otherwise as directed by the Court, or the case may be dismissed for want of prosecution.

CRITICAL

Motions must meet the applicable Ohio criminal or civil procedure deadlines unless the Court orders a different time.

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure and the Ohio Rules of Civil Procedure, unless a different time is ordered by the Court.

CRITICAL

A written jury demand must be filed with the Clerk by the later of ten days before trial or the third day after receipt of notice of the trial date.

A demand for trial by jury must be in writing and filed with the Clerk not less than ten days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later.

CRITICAL

Trial counsel or an unrepresented party must file a pretrial statement at least seven days before the pretrial conference.

At least seven days prior to the pretrial conference, trial counsel or an unrepresented party shall file a pretrial statement.

CRITICAL

Deadline

5 business days

A witness-subpoena praecipe must be filed with the Clerk at least five business days before trial or hearing and must be accompanied by the applicable deposit.

The praecipe for a subpoena of a witness shall be filed with the Clerk no later than five business days before the date of trial or hearing, with the applicable deposit.

CRITICAL

A change to information in the initial Notice of Appearance must be reported immediately by filing a new notice.

If any information set forth in the initial Notice of Appearance is subsequently changed, it shall be reported immediately by the filing of a new Notice of Appearance.

CRITICAL

If no entry is provided before the presentation-of-entry hearing date, all parties must appear unless an extension has been requested before that date.

If an entry is not provided prior to the presentation of entry hearing date, and no extension has been requested prior to such date, all parties shall appear at the time and date of the presentation of entry hearing.

CRITICAL

Deadline

5 working days

Unless the Court orders otherwise, an audio/video deposition intended for trial or hearing must be submitted to the Clerk of Courts at least five working days beforehand.

If an audio/video version of a deposition transcript is to be presented during a trial or hearing, the attorney or party presenting the audio/video version of the deposition transcript shall submit the audio/video version of the deposition to the Clerk of Courts within five working days prior to the trial or hearing, unless otherwise ordered by the Court.

CRITICAL

Deadline

2 business days

Should the e-Filer fail to correct deficiencies within two business days, the Clerk shall notify the assigned judge or magistrate, who shall take any action deemed appropriate, which may include, but not be limited to, striking documents, dismissing actions, or issuing corrective orders.

Should the e-Filer fail to correct deficiencies within two business days, the Clerk shall notify the assigned judge or magistrate, who shall take any action deemed appropriate, which may include, but not be limited to, striking documents, dismissing actions, or issuing corrective orders.

CRITICAL

A view-of-the-scene request must be filed at least 14 days before trial.

All requests for a view of the scene shall be made in writing and filed at least 14 days prior to trial, with notice to the opposing party.

CRITICAL

A stricken, improperly formatted document is treated as not filed, and the filer must seek leave to refile if the filing deadline has expired.

If the improperly formatted document is stricken, it will be treated as if it were not filed. If the deadline has expired for filing the document in question, the filer must seek leave of court to re-file it.

CRITICAL

Deadline

7 calendar days

A motion to withdraw must be filed seven calendar days before the scheduled hearing unless the Court approves otherwise.

Counsel must file a written motion, stating: (1) the reasons for the application; (2) the date and time of the next scheduled hearing, if a hearing has been set; (3) a certification of service on opposing counsel and the client; and (4) the motion is filed seven calendar days prior the scheduled hearing date, unless otherwise approved by the Court.

CRITICAL

A party who misses a non-jurisdictional deadline because of technical problems may move to file instanter by the next business day after the problems are resolved, subject to the Court’s discretion.

a. Non-jurisdictional Deadlines. A party who misses a non- jurisdictional deadline because of technical problems with the filer's equipment, software, or internet access may move the Court to file a document instanter no later than the next business day following the resolution of the party's technical problems. 1. The motion must be accompanied by a signed declaration explaining the failure to meet the deadline. 11. The judge or magistrate assigned to the case may grant or deny such motion in his or her discretion.