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

CRITICAL

A rejected submission is not part of the court record and must be corrected and resubmitted; the resubmission date becomes the new filing date.

If the submission is rejected, the document shall not become part of the court record and the filer shall be required to re-submit the document, correcting any errors denoted in the e-filing portal. c. When a document is re-submitted after the filer has corrected any errors, the resubmission date will be the new filing date.

CRITICAL

The e-filing system acts as the clerk’s agent for electronic filing, receipt, service, and retrieval, and an electronically submitted document is not filed until the clerk accepts it at review.

The e-filing system is hereby appointed the agent of the clerk of courts for purposes of electronic filing, receipt, service, and retrieval of electronic documents. Any document submitted electronically to the court will not be considered filed until accepted at clerk review.

CRITICAL

An accepted submission is docketed and filed.

If the submission is accepted, the document shall be docketed and filed.

CRITICAL

An accepted submission is deemed filed upon acceptance, and its official timestamp is the date and time it was submitted to the e-file system.

Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the court’s e-file system. The date and time the filing was submitted shall be the official timestamp of the document. Once accepted, the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.

WARNING

Filings submitted on weekends or legal holidays are not reviewed until the next business day.

Filings submitted on Saturday, Sunday, or other legal holidays will not be reviewed until the next business day.

WARNING

The e-File system issues a receipt confirmation showing the date and time received, which serves as proof of receipt.

Upon receipt, the court’s e-File system shall issue confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

WARNING

If a system error prevents receipt, the Court may, upon satisfactory proof, permit filing nunc pro tunc to the submission date.

If a submission is not received by the Court because of a System Error, the Court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was submitted.

WARNING

The clerk reviews filings for each case type in submission date-and-time order, except for ex parte filings and filings that statute or procedure requires to be processed the same day.

The clerk will review filings by date and time submitted for each case type, with the exception of ex-parte filings or filings that must be processed the same day of filing by statute or procedure.

WARNING

Depositions and the specified discovery requests and responses must not be filed until used in the proceeding or the court orders their filing.

(E) Discovery papers: The following discovery requests and responses shall not be filed until they are used in the proceeding, or the court orders its filing: depositions, interrogatories, requests for documents or tangible things or to permit entry on land, and requests for admissions.

INFO

An attorney may request referral to mediation at any time after the Answer is filed.

At any time after the Answer is filed, an attorney may request the referral of a case to mediation.

INFOCivil cases

The parties may move to refer the case to mediation any time after the Answer has been filed.

Anytime after the Answer has been filed, the parties can file a motion to have the case referred to mediation.

WARNING

Outages will be posted on the court’s website if possible, and the court may deem a transmission-error filing filed when submitted upon satisfactory proof, but filers should not assume that relief is available for jurisdictional deadlines.

(2) Technical failures or system outages of the e-filing system or the CMS will be posted on the court’s website, if possible. If a document offered electronically for filing is not filed because of an error in the transmission of the document to the e- filing system, the court may, upon satisfactory proof from the filer, enter an order permitting the document to be deemed filed as of the date and time it was electronically submitted. Filers should not, however, assume that such relief will be available on jurisdictional time limits, such as deadlines for appeal or statutes of limitation.

CRITICAL

A filing deadline falling on a Saturday, Sunday, or legal holiday runs until the end of the next day that is not one of those days.

Nothing in this Order alters the provision of Civ.R. 6 that filing deadlines on a Saturday, Sunday, or a legal holiday will run to the end of the following day, which is not a Saturday, Sunday, or legal holiday.

CRITICAL

The required security-for-costs deposit in a qualifying transferred case is due within 10 days of docketing.

(B) For cases transferred to this court in which the demand of the cross-claim and/or counter- claim exceeds the monetary jurisdiction of the municipal court, the cross-claimant and/or counter-claimant shall post security for costs in a sum equal to the amount required if the case were originally filed in this court within 10 days of docketing the case.

CRITICAL

The trial witness list is due no later than 14 days before the final pretrial, unless the assigned judge specifies otherwise.

All parties are required to submit a trial witness list, including the full name and address of all witnesses expected to testify at the trial on their behalf, no later than fourteen (14) days prior to the final pre-trial, unless otherwise specified by the judge to whom the case is assigned.

CRITICALCivil cases

The parties must dismiss a settled case by the earlier of 60 days or the time stated in the settlement-notice entry; the Court may dismiss it administratively if they do not.

If the parties fail to dismiss a settled case within the earlier of 60 days or the time noted in the entry that gave the Court notice of the settlement, then the Court may dismiss the case administratively.

CRITICAL

Deadline

24 hours

A cancellation motion must state the reason, include proof of payment of costs, and be filed at least twenty-four hours before the sale.

The cancellation of a Sheriff’s sale shall be by written motion detailing the reason for cancellation, filed at least twenty-four (24) hours prior to the date of sale, and include a copy of the receipt evidencing payment of costs. Failure to follow this rule may result in denial of the motion.

CRITICAL

An eligible person may file a motion to redeem after the sale but before the confirmation entry is filed and must pay the appropriate security deposit with the motion.

After a judicial sale has been conducted but before the entry of confirmation has been filed, the debtor or other person entitled to redeem the property may file a motion to redeem with the clerk of courts, along with paying the appropriate security deposit.

CRITICAL

The sheriff must make the return to the court within 10 days of the sale.

Within ten (10) days of the date of sale, the Sheriff shall make his return to the Court.

CRITICAL

At least fourteen days before the sale, the party requesting execution must file a certificate stating when and how notice was served and identifying the interested parties who received it.

Not less than fourteen (14) days prior to the scheduled sale date, the party who requested execution shall file with the Clerk of Courts a certificate of service of notice of sale date specifying the date and manner of service and the names and addresses of all interested parties who received notice. Failure to timely file the certificate of service required by this rule may constitute grounds for denial of the confirmation of sale.

CRITICAL

The joint pretrial statement must be filed at least seven days before the final pretrial.

All parties shall file a joint statement at least seven (7) days prior to the final pre-trial, setting forth the following:

CRITICAL

The summons must include the juror’s candidate number, term of service, and questionnaire, which must be returned within four days prior to the service date.

The summons shall include the juror’s candidate number, term of service and a questionnaire which is to be returned within four (4) days prior to service date.

CRITICAL

When a file goes on hold for loss mitigation or the parties enter a loss mitigation agreement, the plaintiff or other party pursuing affirmative claims must notify the court within 14 days; the court may stay the case, and failure to notify may result in dismissal.

If a foreclosing party’s file goes on hold for loss mitigation review or the parties enter into a loss mitigation agreement, such as a trial modification or repayment plan or other settlement resolution, the Plaintiff or other party pursuing affirmative claims must notify the court within fourteen (14) days of the file going on hold or entering into the agreement, at which point the court may stay the case. Failure to notify the court may result in a dismissal of the cause of action.

WARNING

The failure to submit a confirmation order within the time provided may result in sanctions, including any damages, costs or fees incurred by the purchasing party.

The failure to submit a confirmation order within the time provided may result in sanctions, including any damages, costs or fees incurred by the purchasing party.