Lorain Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An electronically file-stamped document cannot be altered after it is accepted into the system.

d. After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.

CRITICAL

Applies to

New complaint

A new complaint's effective filing date and time is the timestamp when the electronic filing is received and uploaded to the Clerk of Court.

Effective Date and Time of Filing of a New Complaint - means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.

CRITICAL

A document is timely if filed before 11:59 p.m. Eastern Standard Time on its due date, unless the assigned judge orders a different time or date.

A document will be deemed timely when filed prior to 11:59 p.m. the evening of the due date, unless the assigned judge has ordered the document filed by a different time /date. Time at the Court (Eastern Standard) governs, rather than the time zone from which the filing is made.

CRITICAL

A filer seeking relation back for a correction to a technically rejected document must file a motion for relief.

f. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the filer must file a motion with the Court seeking relief.

CRITICAL

A rejected filing resubmitted by email within 24 hours after the rejection email is sent retains its original filing date, time, and confirmation number.

c. A rejected filing may be resubmitted to the Clerk of Court in order to retain the original date and time of filing. d. Rejected filings which are resubmitted via electronic mail must be received by the Clerk of Court within twenty-four (24) hours of the time that the rejection electronic mail message was sent by the Clerk of Court in order to retain the original date and time of filing and confirmation number.

CRITICAL

A corrective filing sent after the 24-hour period is treated as a new filing, and the prior confirmation number expires.

e. A corrective filing may, however, be sent at a later time if the filer elects to do so, but after the twenty-four (24) hour period expires, this filing will be considered a new filing and the prior confirmation number will have expired.

CRITICAL

Applies to

Motion

A motion's effective filing date and time is the timestamp when the electronic filing is received and uploaded to the Clerk of Court.

Effective Date and Time of Filing of a Motion - means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.

WARNING

A filing party whose filing is untimely because of a Court-system failure or problems on the filer's end may seek appropriate relief from the Court.

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

WARNING

The Clerk's Office may deem the website to have a technical failure if it cannot accept filings for more than one hour after 10:00 a.m., and known outages will be posted online if possible.

16. Technical Failures E-MAIL ADDRESS a. 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 over the course of any period of time greater than one hour after 10:00 a.m. that day. b. Known system outages will be posted on the website, if possible.

WARNING

The Clerk receives electronic documents 24 hours a day, seven days a week, except during a City of Lorain network outage.

The Clerk of Court shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk's office is actually open except in the event of a network outage at the City of Lorain.

INFO

After the Clerk successfully accepts an electronic filing, it is file stamped with the submission date, acceptance date and time, and assigned case number.

a. Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically file stamped. b. This stamp will include the date the e-filing was submitted, the date and time that the Clerk of Courts accepted the e-filing, and the case number of the filing that is assigned.

INFO

The filer receives a confirmation number when the complete filing reaches the Clerk’s receiving device, and the number and filing date and time are displayed after successful transmission.

A confirmation number will be assigned to each filing when it is received in its entirety by the Clerk of Court's receiving device. b. The confirmation number and the date and time of the filing will be displayed on the screen of the filer's computer upon successful transmission of the filing.

INFO

Accepted electronically filed documents receive an acknowledgment showing the confirmation date and time.

All accepted electronically filed documents shall receive a confirmation date and time acknowledgement.

CRITICAL

Counsel must prepare and submit the journal entry within ten days after the court's direction, unless the court extends the time.

(A) When ordered or directed by he court, counsel f or the party in whose f av or an entry, order, judgment or decree is entered in civ il cause shall, within ten (10) day s thereaf ter unless the time be extended by the court, prepare a proper journal entry and submit same to counsel f or the opposite party who shall approv e or reject the same within three (3) day s af ter its receipt by him and may, in case of rejection, f ile objections thereto in writing with the court.

CRITICAL

A non-filing signatory or party disputing the authenticity of a multiple-signature electronic filing or its signatures must object within ten days after receiving the electronic-filing notice.

(1) A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten days of receiving the notice of electronic filing.

CRITICAL

Deadline

24 hours

If the journal entry is rejected, rejecting counsel must prepare an entry within 24 hours after rejection.

If rejected, counsel so rejecting shall, within twenty -f our (24) hours af ter rejection, prepare an Entry.

CRITICAL

Unless a motion to the contrary is filed, the pending action will be dismissed after 180 days.

Unless motion to the contrary is f iled, the pending action will be dismissed af ter one hundred eighty (180) day s.

CRITICAL

AMENDMENT Upon motion of a party within ten (10) day s af ter the f iling of the f indings, the Court may amend the f indings, make additional f indings and may amend the judgment accordingly. The motion may be made with a motion f or new trial.

AMENDMENT Upon motion of a party within ten (10) day s af ter the f iling of the f indings, the Court may amend the f indings, make additional f indings and may amend the judgment accordingly. The motion may be made with a motion f or new trial.

CRITICAL

The Ohio Civil Rule 58 judgment entry must be journalized within thirty days of the verdict, decree, or decision; if counsel does not prepare and present it, the court will do so.

The judgment entry specif ied in Ohio Civ il Rule 58 shall be journalized within thirty (30) day s of the v erdict, decree or decision. If such entry is not prepared and presented f or journalization by counsel, then it shall be prepared and journalized by the court.

CRITICAL

Deadline

24 hours

Opposing counsel must approve or reject the journal entry within 24 hours after it is presented.

who shall approv e or reject it within twenty -f our (24) hours af ter such presentation.

CRITICAL

Unless the court extends the time, a motion directed to a pleading must be filed within the time allowed for a responsive pleading under the Rules of Civil Procedure.

(B) Unless the time be extended by the court, a motion directed to any pleading shall be f iled within the time allowed by the Rules of Civ il Procedure f or a responsiv e pleading.

CRITICAL

Both entries must be presented to the judge forthwith.

Both Entries shall be presented to the Judge f orthwith.

CRITICAL

Proposed findings must be submitted to the court within ten days after opposing counsel receives them, with any objections and counterproposals in writing.

Within ten (10) day s af ter its receipt by opposing counsel, the proposed f indings shall be submitted to the Court with objections and counter proposals, if any, in writing; howev er, only those f indings of f act and conclusions of law made by the Court shall f orm part of the record.

CRITICAL

An attorney or party challenging the authenticity of an electronically filed document or its signature must file an objection within ten days after receiving the electronic-filing notice.

Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

The requesting party must prepare and submit proposed findings to opposing counsel within five days.

When a request f or f inding of f act and conclusion of law is made, the judge shall direct the party making the written request to prepare, within f iv e (5) day s, proposed f inding of f act and conclusion of law and submit them to opposing counsel.

CRITICAL

At the judge’s request, counsel must prepare the journal entry within three days, unless the judge extends the time.

Counsel f or the party in whose f av or, or on whose request, any order, judgment or decree is rendered, shall at request of the Judge, within three (3) day s thereaf ter, unless the time be extended by the Judge, prepare the Journal Entry

CRITICAL

A creditor must answer within ten days after the trustee mails the notice or be included in the Trusteeship for the stated amount.

Notice to be mailed by the trustee with notice f or the creditor to answer within ten (10) day s of mailing, or they will be included in the Trusteeship in the amount stated.

WARNING

In a nonjury case, any party may request separate findings of law and fact before the court announces its decision.

(C) In any case not tried to a jury, any party may request a separate f inding of law and f act any time bef ore the decision of the Court is announced.