Lucas County Court of Common Pleas, General Division Filing Timing and Cure Windows

A faxed document’s receipt date and time are determined by the receiving fax machine’s imprint.

The date and time of receipt of any faxed document shall be the date and time imprinted on the document by the facsimile machine receiving the transmission.

A fax filing received after 4:30 p.m. on a regular business day, or on a weekend or holiday, is considered filed the next business day.

Any fax filing received by the Clerk of Courts after 4:30 P.M. on a regular business day or on a weekend or holiday shall be considered filed on the next business day for the Clerk.

Deadline

10 calendar days

The original of an exhibit omitted or replaced in a fax filing must be filed within ten days of the fax filing.

The original of an exhibit shall be filed within ten days of the fax filing.

Electronic submission generates a receipt confirmation with the receipt date and time, which becomes the filing date and time if the document is accepted.

Upon receipt of an electronic document submitted for filing, the e-Filing System shall issue to the e-Filer a confirmation that the submission has been received. The confirmation notice shall include the date and time of receipt and shall serve as proof of receipt of the submission. The confirmation notice shall also inform the e- Filer that, if the document is accepted for filing, the date and time reflected in the confirmation notice shall serve as the date and time of filing.

After Clerk acceptance, the document receives an electronic stamp and the transmission date and time generally becomes its filing date and time.

If a document submitted for e-Filing has been accepted by the Clerk after Clerk review, the document will receive an electronic stamp. This stamp will include the date and time that the filer transmitted the document to the e-Filing System (i.e., date and time of receipt outlined above). Subject to the exceptions noted below, the date and time reflected on the electronic stamp shall become the filing date and time for that document.

A rejected electronic submission does not enter the court record, must be refiled to satisfy filing requirements, and its original submission timestamp is void.

In the event the Clerk rejects a submitted document following Clerk review, the document shall not become part of the official Court record, and the e-Filer will be required to re-file the document to meet necessary filing requirements. Once a submitted document is rejected, the date and time associated with its initial submission to the Clerk of Courts, which would have been the date and time on the timestamp in the event the document was accepted for filing, becomes void.

On satisfactory proof of a system error, the court may permit a document to be filed nunc pro tunc to its 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.

When no law or rule fixes the deadline, a responsive filing must be served and filed within 14 days after service of the pleading requiring a response, unless the Court orders otherwise.

In all cases where the time for serving and filing a responsive filing is not fixed by law or rule, the filing shall be served and filed within fourteen days after the service date on a pleading requiring response, unless otherwise ordered by the Court.

An opposing party must reply to a responsive filing within seven days after it is served.

An opposing party shall reply to the responsive filing so served within seven days.

In administrative appeals, the appellant must serve and file a brief within thirty days after the record is filed, unless a specific rule, statute, or court order provides otherwise.

Except as otherwise provided by specific rule, statue, or court order, in all cases originating in administrative bodies and appealed to this Court, the appellant shall serve and file a brief within thirty days after the date on which the record is filed.

The appellee must serve and file a brief within fourteen days after the appellant’s brief.

The appellee’s brief shall be served and filed within fourteen days of the appellant’s brief.

For an FED action filed in the General Division, the restitution hearing must be set by the thirty-fifth day unless counsel agrees otherwise.

When a Forcible Entry and Detainer (FED) action is filed in the General Division, a hearing upon the restitution issue shall be set by the thirty-fifth (35th) day unless counsel consents otherwise.

After leave is granted, the amended pleading must be separately filed within 14 days or the court-specified time.

Once leave is granted, the party must separately file the amended pleading within fourteen (14) days or the time specified by the Court.

The moving party must file an updated title-evidence report dated within 30 days after filing of the foreclosure judgment and order of sale, showing service of summons on all necessary parties.

The moving party shall file an updated report of the title evidence dated within thirty (30) days of the date of filing of the judgment of foreclosure and order of sale showing service of summons upon all necessary parties.

Counsel must submit the Order of Sale to the Lucas County Clerk of Courts within 45 days after the judge signs the Final Judgment Entry.

Orders of Sale shall be submitted by counsel to the Lucas County Clerk of Courts within forty-five (45) days after the signing of the Final Judgment Entry by the judge.

Counsel must submit the Order of Sale praecipe and corresponding security deposit or auction-site license fee within 45 days after the judge signs the Final Judgment Entry.

Praecipe for an Order of Sale along with a security deposit in the amount as set forth in Appendix A or current Sheriff’s auction site license fee shall be submitted by counsel to the Lucas County Clerk of Courts within forty-five (45) days after the signing of the Final Judgment Entry by the Judge.

Fax documents received outside normal business hours are queued and processed in their documented receipt order.

Documents received outside of normal business hours shall be queued and processed in the order of receipt as documented by the date and time imprinted by the receiving fax machine.

Civil cases generally must be concluded within the time periods established by the Ohio Revised Code, Civil Rules, and Rules of Superintendence, subject to the stated exceptions.

All civil cases, except administrative appeals, forcible entry and detainer actions, or any other case which by its nature requires more rapid adjudication as determined by the Trial Judge, shall be concluded within the time periods set forth by the Ohio Revised Code, Rules of Civil Procedure, and Rules of Superintendence.

The appellant may serve and file a reply brief within seven days after service of the appellee’s brief.

The appellant may serve and file a reply brief within seven days after service of the appellee’s brief.

A moving party may file a reply brief within seven days after the opposition memorandum is served.

A moving party may file a reply brief within seven (7) days from the date on which a memorandum in opposition is served.

If counsel does not present the settlement dismissal order within 30 days or the court-directed time, the judge may dismiss the case for want of prosecution or enter a settlement dismissal order and assess costs.

If counsel fails to present such an order to the Trial Judge within thirty days or within such time as the Court directs, the Judge may order the case dismissed for want of prosecution or file an order of settlement and dismissal and assess costs.

Documents may be submitted for e-filing at any time, seven days per week.

Documents may be submitted to the Clerk for e-Filing twenty-four hours a day, seven days a week.

The Clerk's office accepts documents during normal business hours.

Documents will be accepted by the Clerk’s office during normal business hours.