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

CRITICAL

The trustee-compensation schedule must be filed at the time the fee is paid.

A separate schedule of the computation of a t.ntstee's tompensatioll, CO!lf(lrming to the foi:m in confonnity with ii; l~ 1:11le adopt¢<! ,llld Jil¢d i.n. accordance Widi C. P. S1q>. ·R. 44,. shall be filed with the Coun at. tile time of payment of the Ji:¢.

CRITICALCivil cases

Motions must be submitted to the Court for docketing when they are filed with the Clerk of Courts.

All motions shall be submitted to the Court for docketing at the time they are filed with the Clerk of Courts.

CRITICAL

Proposed adoptive parents who are not Ohio residents must file the preplacement application at least 60 days before placement.

a. p,e,placement application in .a fonn prescribed by the Court shall be !lied .by the proposed parents not less thilll 30 days prior to the. placement if the proposed adopting parents are residents of the Stale of Ohio, or not less .than 60 days pi;ior to placement if [hey are nonresidents of the State of Ohio.

CRITICAL

The adoption petition must be filed before the Court issues a hospital release for the child.

If tile pl,acepJeot. is approved, a petition for adoption lll!.l$! be filed before the Court will issue a release to the hospital for the·c.!lild.

CRITICAL

Ohio-resident proposed adoptive parents must file the preplacement application at least 30 days before placement.

a. p,e,placement application in .a fonn prescribed by the Court shall be !lied .by the proposed parents not less thilll 30 days prior to the. placement if the proposed adopting parents are residents of the Stale of Ohio

CRITICALCivil cases

A faxed document is considered filed when the Clerk’s file clock stamps it, not when the fax machine stamps it.

(4) All documents submitted will be considered filed when the date/time has been stamped by the Clerk. For the purposes of this section, the date/time of filing is not determined by the facsimile machine date/time stamp, but is determined by the Clerk’s file clock stamp.

WARNING

Statutory and rule-based processing times must be observed in Juvenile Division cases.

The statutory times and times provided by appropriate rule for the processing of all cases subject to the jurisdiction of the Juvenile Division of the Licking County Court of Common Pleas shall be observed.

WARNINGCivil cases

The Clerk must immediately notify the attorney if a faxed document cannot be filed.

(4) The Clerk shall immediately notify the attorney if the transmitted document cannot be filed for any reason.

CRITICALCivil cases

If no answer has been filed, plaintiff’s counsel is notified to pursue default judgment or dismiss the action; if neither occurs after 21 days, a dismissal entry is submitted to the Judge.

(2) If no answer has been filed, then the clerical person shall sent counsel for plaintiff notice to either proceed with a default judgment or dismiss the action. If neither action has been taken after 21 days, then an entry dismissing the action shall be submitted to the assigned Judge for approval and filing.

CRITICALCivil cases

If no defendant has been served, plaintiff’s counsel must receive notice to obtain service, and the case is dismissed 21 days after notice if counsel has failed to obtain service or made no effort to do so.

(6) If no Defendant has been served: (a) Counsel for the plaintiff shall be served notice directing that, unless service is obtained, the case will be dismissed. (b) The case shall be dismissed 21 days after counsel for plaintiff has been served notice to obtain service if counsel for plaintiff has either failed to obtain service or has made no effort to obtain service.

CRITICALCivil cases

If the termination entry has not been filed, counsel has 14 days after notice to file it.

(c) If the termination entry has not been filed, then a notice shall be sent to counsel informing them that they have 14 days to file a termination entry;

CRITICALCivil cases

Except where the Court prepares the entry, prevailing counsel must prepare the proper entry within five days after the order, decree, or judgment.

counsel for the party in whose favor an order, decree, or judgment is rendered shall within five (5) days thereafter prepare the proper entry

CRITICAL

Unless the Court directs otherwise, counsel for the party who obtains a verdict or opinion must prepare the judgment entry and submit the original to the Court within seven days.

(1') Unkss the Court oihcrwi.se directs, counsel for the pany in whose favor a verdict or opinion is rendered shall. within seven days thereafter, prcplll'C t!ic proper judgement entry lllld subm.it the original to the Cour:i with a copy to counsel for the. opposing party.

CRITICALCivil cases

A summary judgment motion hearing must be scheduled no earlier than fourteen days after service of the motion.

All motions for summary judgment, in accordance with Rule 56(C) of the Ohio Rules of Civil Procedure, shall be scheduled for oral or non-oral hearing not earlier than fourteen (14) days after the date of the service of the motion.

CRITICAL

An entry signed by the Judge must be filed forthwith with the Clerk of the Juvenile Division.

and if signed by him, shall be forthwith filed with the Clerk of the Juvenile Division.

CRITICAL

When no law or other rule sets the deadline, a pleading or amended pleading must be served by the fourteenth day after the specified entry, unless the entry sets a different deadline.

In all cases where the time for filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading or overruling or sustaining a motion, unless otherwise specified in the entry.

CRITICAL

A request for examination of witnesses must be filed at least two days before the hearing.

(B) A request for. ex~on of Witnesses iji~ be in writing .and tiled at least. rwo days prior tci the hearing date.

CRITICALCivil cases

The adverse party or counsel must approve or reject the submitted entry within five days after receiving it.

who shall approve or reject the same within five (5) days after the receipt thereof.

CRITICALCivil cases

At the end of the 90-day inactive-status period, counsel must either reactivate or dismiss the case.

At the end of said time period, counsel shall either reactivate the case or dismiss the case.

CRITICAL

Within seven days of approval of the entry, the attorney must deposit the funds and provide the financial institution with a copy of the entry.

The attorney shall fut!h.er be. responsilile for depositing the funds and for pr!>''idiog the fmam;ia,1 insritlltill!l wiih a .copy of the entry, both within sev.eo days of the. entry's approval.

CRITICALCivil cases

The Court’s pretrial-conference notice sets the filing and service time for the pretrial statement, but it may not be filed or served later than the conference date.

The time for filing and service of the pretrial statement shall be fixed in the Court’s notice of the pretrial conference. In no event shall the pretrial statement be filed and served later than the date of the pretrial conference.

CRITICALCivil cases

The opposing party must move or plead by the fourteenth day after the pleading or amended pleading is filed, unless the Court orders otherwise.

The opposite party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.

CRITICAL

The $200 guardianship deposit is due within 30 days after appointment of the guardian of the estate.

Within 30 days of the appointment of a guardian of the estate, there shall be deposited with the Coun. for each ward, a check in the amount of $200.00 drawn or reimbµrsable from the guardianship funds, made payable 10:

CRITICALCivil cases

If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.

If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.

CRITICAL

Unless the Court prepares the entry, counsel for the party in whose favor an order, decree, or judgment is rendered must prepare it within five days thereafter.

counsel for the party in whose favor an order, decree or judgment is rendered shall within five (5) days thereafter prepare the proper entry, and submit it to counsel for the adverse party,

CRITICAL

The required entry must be presented when the entry dispensing with appointment of a guardian or approving the settlement is presented for approval.

Tile etn1y shall be presented at the time .of the entry dispensing with appointment of a guardian or apprqving se{dement is approved..

CRITICAL

An inventory must be filed within thirty days after appointment of the fiduciary; late filings may result in citations unless an extension has been granted.

(B) The stattllory time for filing ofan i11vel)tory (thirty days from date of appointtnent offiduciary) .shall be adhered to and citations may be issued when tilings arc late unless application for an cxtcnsion of time for filing has been grru11ed.

CRITICAL

When required by statute or the Court, an executor or administrator must return a schedule of claims after three and no later than five months after appointment.

When required by statute or by the Court, every exec111or or administrator, after chree and not later t~an five months following the date of his appointment. shall make and return to the Coun a schedule of all claims against the estate he represents which have then been presented to him and any other valid d.ebts of the estate; of which he has knowledge.

CRITICALCivil cases

A motion hearing may not be set earlier than seven days after service unless the Court’s order explicitly sets a shorter period.

In accordance with Rule 6(D) of the Ohio Rules of Civil Procedure, the oral or non-oral hearing may be set no earlier than seven (7) days after the date of service of the motion, unless the Court in an order explicitly affixes a shorter time period.

CRITICALCivil cases

In an administrative appeal, the appellee’s answer brief is due 30 days after service of the appellant’s brief.

ii. Appellee’s answer brief due 30 days after service of appellant’s brief;

CRITICALCivil cases

If the case is settled, resolved, or to be dismissed, a dispositive entry must be filed within 14 days; otherwise, the Court will file one.

If the case is settled, resolved, or to be dismissed, a dispositive entry shall be filed within 14 days or the Court will file a dispositive entry.

CRITICAL

An executor's or administrator's inventory must be set for hearing no later than one month after filing, unless good cause is shown to continue the hearing.

Inventories of executors and administrators shalt be set. for hearing not later than one (I) month after ihc liling thereof. unless for gOO<l ca~e shown, the nearing is continued umil a later date.

CRITICAL

Deadline

3 working days

A request for the consent-and-placement hearing must be made at least three working days in advance of the required hearing time.

Requei!t for.such hearing shall be made at least three working days in advance of th.e time require4 for h~g.

CRITICALCivil cases

The matters listed in Rule 17 must be completed before trial at the time specified in the trial or pretrial order.

In all civil actions that are tried to the Court or to a jury, the following matters shall be accomplished prior to trial, at a time which shall be specifically designated in the Court’s trial OR PRETRIAL order:

CRITICALCivil cases

If no answer has been filed, plaintiff's counsel must proceed toward default judgment or inform the Court why not within 14 days of notice, or the case may be dismissed.

If no answer has been filed, then the clerical person shall send counsel for plaintiff notice to either proceed with a default judgment or inform the Court why this cannot be done. Failure to proceed within 14 days shall be cause for dismissal.

CRITICAL

The attorney's written opinion must be filed by the date the first account normally would be filed.

In order to avoid having an estate being reponed ~ delinql)erit pimuant to Sup. R. 5, for failing to file a panial account, when it is unne<:e$$.uy 10 do so because the estate is within the purview of Section 2109.30(B), Revised Code, (fiduciary is sole heir or legate.:, . or waivers of all heirs and legatees), the attotney of record shall file.no.t.laterthan tl:le <4te the first aCCQUl:lt woµl(I nprmalJy be flled his written opinion that the estate is within the exemptions of this Section by virroe of the· qualitiJ;ations of tbe fidµci.uy and/or required waives on file.

CRITICALCivil cases

In an administrative appeal, the appellant’s assignment-of-errors brief is due 40 days after the notice of appeal is filed.

i. Appellant’s assignment of errors brief due 40 days after the filing of the notice of appeal;

CRITICALCivil cases

If summons service is incomplete, notice is served on plaintiff’s attorney; the action is dismissed 21 days later if no effort has been made to obtain service, while completed service moves the case to Clerical Step II.

(4) If service of summons is incomplete: (a) Notice shall be served on plaintiff’s attorney directing that, unless service is obtained, the case will be dismissed; and (b) 21 days after this notice is served, the action shall be dismissed if no effort has been made to obtain service; or (c) If service has been completed, then the case shall continue to Clerical Step II.

CRITICALCivil cases

A party requesting a shorthand reporter must notify the reporter at least three days before the hearing or trial.

It shall be the responsibility of any party requesting the services of a shorthand reporter to notify said shorthand reporter of the request at least three (3) days in advance of the hearing or trial of any case.

CRITICAL

The pre-placement application is due at least 30 days before placement for Ohio residents and at least 60 days before placement for nonresidents.

In addition, a pre-placement application in a fonn prescribed by the Co.urt shall ·be filed by the proposed adopiing parents not Jess than 30 days prior to the placement if the proposed adopting parents are residents of the State ofOhio, or not less than 60 days prior to placement if they are non,resid.enis of Ohio.

CRITICALCivil cases

Where a continuance of a cause is requested on the ground that at attorney interested in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

Where a continuance of a cause is requested on the ground that at attorney interested in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment 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

The statutory time for filing an account must be followed.

The statutory t1me for flling of account (R.C. 2109.30) shall be adhered to.

CRITICAL

For a Court-initiated claims hearing, the schedule of claims must be filed within ten days after the Court notifies the fiduciary.

(Bl Whenever the Coun req)lires a bearing on claims or the fiducia,:y requests a hearing on claims pursuant to R.C. 2ll 7 .17. the fiduciaiy shall file a schedule of all claims against the estate with the Court. the scbedule of claims shall be filed with the fiduciary's application for hearing or within ten days after the Coun notifies the fiduciary of a Court-initiated hearing.

CRITICAL

The opposing party must move or plead by the fourteenth day after the pleading or amended pleading is filed, unless the Court orders otherwise.

The opposite party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.

CRITICALCivil cases

The praecipe and copies of the publication must be filed before the sale.

A praecipe and copies of publication shall be filed with the Clerk for processing prior to sale.

CRITICALCivil cases

In a reported-settled case, counsel must present a termination entry for approval within 14 days.

(1) In each case that is reported settled, whether at the pretrial conference or later: (a) Counsel shall be instructed to present a termination entry for approval within 14 days;

CRITICAL

If prevailing-party counsel does not prepare an entry within the five-day period, adverse-party counsel must prepare and submit it; prevailing-party counsel must approve or reject it within five days after receipt.

If counsel for the prevailing party does not prepare an entry within the five (5) day period, counsel for the adverse party shall do so and submit it to counsel for the prevailing party who shall approve or reject the same within five (5) days after the receipt thereof.

CRITICAL

Deadline

3 working days

Witness subpoenas must be filed at least three working days before the assigned hearing, though later filings are accepted.

All subpoenas for witnesses must be filed no later than three working days prior to the assigned hearing date. Subpoenas will be accepted for filing after that deadline, however, should service not be perfected upon a witness, the non-appearance of that witness may or may not be considered as a reason for a continuance at the discretion of the Court.

CRITICAL

Except for good cause, an order of sale must not be granted before approval of the inventory or the inventory and appraisal.

Except for good cause shown, an or<:ler ohale shall not be granted. prior to tbe 1jpproval of the inventC>ry or i.uventocy and llPPiaisement.

CRITICALCivil cases

A party in default may file a pleading instanter without leave before the two-days-before-trial cutoff if written consent from opposing counsel is attached.

A party in default for a pleading may file a pleading instanter without leave of Court prior to two (2) days before the date set for trial, with the written consent of opposing counsel attached to such pleading