Lyndhurst Municipal Court, Ohio Filing Timing and Cure Windows

Rejection is communicated by email; a later corrective filing is new and does not relate back unless the filer moves for relation-back after a technical-error rejection.

Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.

An accepted fax filing is filed when the Clerk time-stamps receipt, not when it was transmitted, and the Clerk receives faxes only on regular court business days and during the stated court hours.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed as of the date and time the Clerk time-stamps the document received, rather than as of the date and time of the fax transmission. The Clerk’s office shall be deemed open to receive facsimile transmission of documents on the days that the Court is regularly open for business and during the times set forth in Rule 1.

E-filing is available 24/7, but a filing must be completed by 4:00 p.m. EST to be timely that day; filings outside regular court hours are deemed filed the next normal business day.

The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed by 4:00 pm EST to be considered timely filed that day. Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the Court.

Unless the Court orders otherwise, a missing fax exhibit must be filed separately within five days after transmission, or the Court may strike the document or exhibit.

Unless otherwise directed by Court order, the missing exhibit shall be filed as a separate document not later than five (5) days following the transmission of the fax document. Failure to file the same may result in the court striking the document and/or exhibit in its sole discretion.

After a case is set for a proceeding requiring personal appearance, a dismissal request by the plaintiff or agreement must be submitted in writing to the Court within 20 days of the scheduled appearance, after prompt written notice of settlement or dismissal to the Clerk.

After a case has been set for pre-trial, trial or other proceedings requiring a personal appearance, a request for dismissal by the plaintiff or by agreement of the parties shall be submitted in writing to the Court, within twenty (20) days of the scheduled Court appearance, after prompt notification of the settlement or dismissal in writing to the Clerk of Court.

In covered civil cases, a party must demand default judgment under Ohio Rule 55(A) within 60 days after learning of the defendant’s default or the complaint may be dismissed for want of prosecution.

In all civil cases, except traffic camera cases, in which default judgment is available to a party by reason of failure of defendant to answer or appear, failure of such party to make demand for judgment by default under Rule 55(A) of the Ohio Rules of Civil Procedure within sixty (60) days from the time that plaintiff has notice of defendant’s default, shall constitute cause for dismissal of the complaint by the Court for want of prosecution.

A party may file written objections to a Magistrate’s Recommendation within 14 days, specifying why a new hearing is requested or why the recommendation should be overruled.

Each party may file objections to the Magistrate’s Recommendation within fourteen (14) days in writing. The objections must state with specificity the reasons why a new hearing is requested or why the recommendation should be overruled.

A case with no answer filed becomes eligible for default judgment 45 days after the complaint is filed.

A case is eligible for default judgment forty-five (45) days after the filing of the complaint if no answer has been filed.

A settlement entry need not be filed immediately but must be filed within 30 days or the case will be dismissed for want of prosecution.

Entries of settlement may be filed at any time. Settlements are encouraged and shall be allowed without the immediate filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

When directed by the Court, prevailing counsel must prepare and submit a journal entry to opposing counsel within 10 days unless otherwise ordered; opposing counsel must approve or reject it within 7 days after receipt and may file objections.

When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered shall, within ten (10) days unless otherwise ordered by the Court, prepare a proper journal entry and submit it to opposing counsel, who shall approve or reject the same within seven (7) days after receipt thereof and may file objections with the Court.