Lima Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A document requiring a filing fee is not considered filed until the fee is paid.

A document requiring a filing fee will not be considered filed until the requisite filing fee has been paid.

CRITICAL

A faxed document is filed as of the date and time the Clerk time-stamps receipt, not when the fax was transmitted.

Subject to the provisions of these rules, all documents sent by fax and received by the Clerk shall be filed with the Clerk of Court as of the date and time the Clerk time-stamps the document received, NOT time of the fax transmission.

CRITICAL

The Clerk receives electronic documents around the clock, but same-day file stamping requires receipt by 4:00 p.m. Court time; filings received after that time or while the Clerk’s Office is closed are stamped the next business day, and filers should submit early enough to allow processing.

The Clerk shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk’s Office is actually open. To be file stamped on the date of transmission, the document must be received by 4:00 pm. Documents received after 4:00 pm or at times when the Clerk’s office is closed shall be file stamped the next business day. A document will be deemed filed when time stamped by the Clerk. Time at the Court (Eastern) governs, rather than the time zone from which the filing is made. Accordingly, all electronic submissions should be made in adequate time to permit processing in the event of a deadline.

WARNING

The Clerk’s office is deemed open to receive fax filings only on the days and during the times the Court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the Court is regularly open for business.

WARNING

The Clerk may deem the website to have a technical failure if it cannot accept filings continuously or intermittently during a day; known outages will be posted if possible.

i. The Clerk of Court’s Office may deem the Internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently on that day. Known system outages will be posted on the website, if possible.

WARNING

A party whose filing is untimely because of a court-system, website, or filer-side technical problem may seek appropriate relief from the Court.

iii. A filing party whose filing is made untimely as a result of a technical failure of the Court’s system or site, or as a result of the problems on the filer’s end, may seek appropriate relief from the Court.

WARNING

Anyone who elects electronic filing bears the risk of delays, signal interruptions, or readability problems that may prevent proper filing or acceptance.

Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of electronic signals and readability of the document and, accepts the full risk that the document may not be properly filed with, or accepted by, the Clerk of Court as a result.

CRITICAL

Traffic and criminal jury demands must be submitted within the time limits set by Criminal Rule 23.

Traffic and Criminal jury demands must be submitted in writing within the time limits set by Criminal Rule 23.

CRITICAL

Cases with a written waiver involving third- or fourth-degree traffic or criminal cases must be assigned for trial no later than 90 days after arrest or service of summons.

ninety (90) days following arrest or service of summons on third or fourth degree traffic or criminal cases;

CRITICAL

Deadline

3 business days

Unless the Court orders otherwise, a missing exhibit must be filed separately within three business days after the faxed document is filed; failure may result in the document or exhibit being stricken.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than three (3) business days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.

CRITICAL

Cases whose O.R.C. 2945.71 time limits have not been waived in writing must be advanced on the Trial Calendar and given priority over cases with waived time limits.

Those cases for which the time limits of O.R.C. 2945.71 have not been waived in writing by the defendant shall be advanced on the Trial Calendar and be given scheduling priority over those cases where time limits have been waived.

CRITICAL

For computing trial-calendar time, each day of incarceration counts as three days.

Three (3) days shall be counted for each day incarcerated in computing time.

CRITICAL

The plaintiff or counsel must file alias service of summons within 28 days after being directed to do so, or the case may be dismissed without prejudice.

On those cases where a notice of failure of service of process is received by the Clerk of Court, notice shall be sent to the attorney for plaintiff or to the Plaintiff, if unrepresented by an attorney, within three (3) days informing them that service has not been obtained and directing them to file an alias service of summons within twenty-eight (28) days or the case may be dismissed without prejudice.

CRITICAL

After a not-guilty plea, minor, third- or fourth-degree misdemeanor cases are transferred to the Trial Calendar; minor misdemeanors and non-jailable unspecified offenses are assigned to a Magistrate, with trial assigned within 30 days unless the defendant requests pretrial and signs a time waiver.

Following a plea of "Not Guilty" at any arraignment session, the Clerk of Court shall transfer all traffic and criminal cases designated as minor misdemeanor, third or fourth degree misdemeanors to the Trial Calendar. All minor misdemeanors and non-jailable unspecified offenses shall be assigned for trial before a Magistrate. The Assignment Commissioner shall assign the trial within thirty (30) days, unless the defendant requests a pretrial and signs a time waiver.

CRITICAL

O.R.C. 2945.71 time limits are extended by the length of a trial continuance.

The time limits of O.R.C. 2945.71 shall be extended by the length of such continuance.

CRITICAL

The answer date is 28 days after service of process.

Where service of process has been obtained, the Clerk of Court shall note the answer date of twenty-eight (28) days after such service.

CRITICAL

Witness subpoena praecipes must be filed with the Court no later than seven days before trial.

All praecipes for the issuance of subpoenas of witnesses must be filed with the Court not later than seven (7) days before trial.

CRITICAL

When a motion other than a continuance motion is filed, the case must be transferred to the Motion Calendar and assigned for a hearing within 30 days of filing.

On the filing of any motion other than one for a continuance, the Clerk shall transfer the case to the motion Calendar. The Assignment Commissioner shall then assign the case for a Motion Hearing within thirty (30) days from the filing of the motion.

CRITICAL

Third- and fourth-degree criminal and traffic misdemeanor cases must be assigned for trial no later than 40 days after arrest or service of summons.

The Assignment Commissioners shall assign all criminal and traffic misdemeanor cases of the third and fourth degree for trial not later than forty (40) days following arrest or service of summons.

CRITICAL

First- and second-degree criminal and traffic misdemeanor cases must be assigned for trial no later than 85 days after arrest or service of summons.

The Assignment Commissioner shall assign all criminal and traffic misdemeanor cases of the first and second degree for trial not later than eighty-five (85) days;

CRITICAL

A party may file an objection to permitted livestreaming or object orally on the record at the beginning of the proceeding.

A party to a case wherein the Court has permitted livestreaming may either file an objection or orally object on the record at the beginning of the proceeding.

CRITICAL

Counsel must file the civil trial brief at least 14 days before trial.

In all civil cases counsel shall, at least 14 days before the trial date file and serve on opposing parties a trial brief containing the following:

CRITICAL

The plaintiff must seek default judgment within 60 days of the answer date to avoid referral for further action, including possible dismissal without prejudice.

If the plaintiff has failed to file for default judgment within sixty (60) days of the answer date, the Clerk of Court shall send the case to the Magistrate for further action, including dismissal without prejudice for want of prosecution under Civ.R. 41 or Sup.R. 40 and signed by the Administrative Judge.

CRITICAL

Cases not terminated at pretrial must be assigned for trial within the time prescribed by O.R.C. 2945.71, unless the defendant waives time in writing and the case is set for a change of plea or another pretrial.

Those cases not terminated shall be assigned for trial within the time prescribed by O.R.C. 2945.71, unless the defendant in writing waives time and the case is directed to be set for a change of plea or another pre-trial.

CRITICAL

O.R.C. 2945.71 time limits are extended by the period the case is on the Motion Calendar.

The time limits of O.R.C. 2945.71 shall be extended by the period of time that the case is on the Motion Calendar.

CRITICAL

Unspecified misdemeanors must be assigned for trial no later than 45 days after arrest or service of summons.

and unspecified misdemeanors not later than forty-five (45) days from date of arrest or service of summons.

CRITICAL

If a motion ruling does not dismiss the case, the case must be transferred to the Trial or Pre-trial Calendar and assigned within the time frames established by the rule and O.R.C. 2945.71.

If the ruling on a motion does not result in the dismissal of the case, the trial Judge shall direct the Clerk of Court to transfer the case from the Motion Calendar to the Trial Calendar or the Pre-trial Calendar. The Assignment Commissioner shall then assign the case as directed within the time frames established by this rule and O.R.C. 2945.71.

CRITICAL

After a not-guilty plea, first- and second-degree misdemeanor cases must be assigned for pretrial within 40 days of arrest or summons issuance.

Following a plea of "Not Guilty" at the Arraignment session, the Clerk of Court shall transfer all traffic and criminal cases designated as first or second-degree misdemeanors to the Pre-trial Calendar. The Assignment Commissioner shall then assign said cases for pre-trial within forty (40) days from the date of arrest or issuance of summons.

CRITICAL

A pretrial continuance extends the O.R.C. 2945.71 time limits by the length of the continuance.

the time limits of O.R.C. 2945.71 shall be extended by the length of the continuance.

CRITICAL

Except for initial appearances, livestreaming requests must be made at least seven days before the proceeding using the court’s designated form.

Except for initial appearances, requests shall be made no later than seven (7) days prior to the proceeding for which livestreaming is requested using a form made available on the court’s website and through the clerk’s office.

CRITICAL

Cases with a written waiver involving first- or second-degree traffic or criminal cases must be assigned for trial no later than 180 days after arrest or service of summons.

and, one hundred eighty (180) days following arrest or service of summons on first or second degree traffic or criminal cases.

CRITICAL

Compensation requests are due within 30 days after counsel’s withdrawal or case termination, whichever occurs first.

All requests for compensation for payment shall be made by accurately completing the prescribed Ohio Public Defender forms and submitting them to the Court within 30 days after withdrawal by counsel or termination of the case, whichever is sooner.

CRITICAL

If the parties settle, the agreed judgment entry or notice of dismissal is due within 30 days after the pre-trial conference.

If the parties reach a settlement agreement, the assigned Magistrate shall note such fact on the scheduling order and direct that an agreed judgment entry or notice of dismissal be filed with the Clerk of Court within thirty (30) days following the pre-trial conference.

CRITICAL

For computing time in the pretrial calendar, each day the defendant is incarcerated on the charge counts as three days.

For any period of time the defendant is incarcerated on the charge, three (3) days shall be counted for each day incarcerated in computing time.

CRITICAL

Absent good cause, a party seeking transfer from the Small Claims Docket must file a motion at least five days before trial, and transfer requires an entry signed by the assigned Magistrate or Judge.

Except for good cause shown, no case shall be transferred from the Small Claims Docket to the Regular Docket of the Lima Municipal Court except on a motion by the moving party filed at least five (5) days prior to the scheduled trial date by entry signed by the assigned Magistrate or Judge of the Court.

CRITICAL

Deadline

24 hours

Traffic tickets and criminal-complaint summonses must be returned to the Clerk within 24 hours of service, or on the next day the Court is open if it is closed during that period.

All traffic tickets issued or summons on criminal complaints served shall be returned to the Clerk of Court within twenty-four (24) hours of service unless the Court is closed during that period in which case, the return to the Clerk of Court's office shall be made on the next day the Court is open.

CRITICAL

Cases with a written waiver of O.R.C. 2945.71 time limits involving minor misdemeanor traffic or criminal cases must be assigned for trial in a timely and reasonable manner, no later than 60 days after arrest or service of summons.

Cases where the time limitations of O.R.C. 2945.71 have been waived in writing by the defendant shall be assigned for trial in a timely and reasonable manner and no later than sixty (60) days following arrest or service of summons on minor misdemeanors traffic or criminal cases;

WARNING

The rule assesses costs associated with a civil jury demand to the demanding party based on when the waiver is received, except when the failure to file it timely was the opposing party’s fault.

Unless that waiver of jury is received within fifteen (15) days prior to the scheduled trial date, costs associated with such jury demand shall be assessed to the party demanding such jury trial, unless it can be shown that the failure to timely file such a waiver was the fault of the opposing party.

WARNING

The rule assesses costs associated with a criminal jury demand to the defendant based on when the waiver is received relative to the scheduled trial date, as stated in the source.

Unless such a waiver is received within fifteen (15) days prior to the scheduled trial date, costs associated with such jury demand shall be assessed to the defendant.

WARNING

Jury trials must be assigned on Thursday unless the Trial Judge directs otherwise.

Jury trials shall be assigned on Thursday or, unless otherwise directed by the Trial Judge.

WARNING

Multiple pretrials should be avoided, and if another is directed, it must be assigned no later than 40 days after the first pretrial conference.

Multiple pre-trials are to be avoided; however, if directed, the Assignment Commissioner shall assign the next pre-trial no later than forty (40) days after the first pre-trial conference.