Madison County Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

If a fax lacks the required cover-page information, the clerk may file it or place it in the failed-fax file; a document placed there is not considered filed.

In the event a document is sent by fax to the clerk without the cover page information listed above, the clerk may, in his/her sole discretion enter the document in the docket and file the document, or deposit it in a file of failed faxed documents with a notation of the reason for the failure. In the latter event, the document shall not be considered filed with the clerk.

CRITICAL

An accepted fax filing is considered filed when the clerk time-stamps it, not when it was transmitted.

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 documents received, rather than as of the date and time of the fax transmission.

WARNING

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

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

WARNING

The clerk’s office shall be deemed open to receive facsimile transmission of documents on the same days and times that the court is regularly open for business.

The clerk’s office shall be deemed open to receive facsimile transmission of documents on the same days and times that the court is regularly open for business.

CRITICAL

Applies to

Third party complaint

A party seeking to join a new party must file a third-party complaint at least seven days before the scheduled trial.

Any party seeking to join a new party to a pending case must file a third party complaint at least seven days before the scheduled trial date.

CRITICAL

Pretrial motions must be filed at least seven days before the scheduled trial date.

All pretrial motions shall be filed and served upon the opposing parties at least seven days before the scheduled trial date.

CRITICAL

Proposed jury instructions must be filed at least seven days before trial.

In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the clerk and serve the same upon opposing counsel.

CRITICAL

Pretrial motions that are not timely filed will be stricken from the file.

Motions which are not timely filed shall be stricken from the file.

CRITICAL

Applies to

Trial brief

When a court order requires a trial brief, each party’s counsel must file a copy with the clerk at least seven days before trial.

(A) Where a trial brief is required by order of court, counsel for each party shall file a copy with the clerk at least seven days prior to the commencement of trial.

CRITICAL

Applies to

Jury instructions

In jury cases, proposed jury instructions must be filed with the clerk at least seven days before trial.

(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least seven days prior to the trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

CRITICAL

A motion to transfer a small claims matter to the regular civil docket must be filed at least seven days before trial.

(A) A motion to transfer a small claims matter to the regular civil docket shall be filed at least seven days before the scheduled trial date.

CRITICAL

Applies to

Brief in opposition

Unless another rule provides otherwise, an opposing party has 14 days after service to file an opposition brief citing applicable case and statutory law, except in summary judgment motions.

(A) Unless otherwise provided in the Ohio Rules of Civil Procedure or these Local Rules, a party opposing a motion shall have fourteen days from the date of service to file a brief in opposition citing applicable case and statutory law, with the exception of motion for summary judgment.

CRITICAL

A party may file written objections to a magistrate’s decision within fourteen days after the decision is filed.

(B) Any party may file written objections to a magistrate’s decision within fourteen days of the filing of decision.

CRITICAL

Applies to

Judgment entry

Unless the Court orders otherwise, the plaintiff must submit a judgment entry detailing settlement terms within 14 days after telephone notification of settlement or voluntary dismissal.

The plaintiff must submit a judgment entry detailing the settlement terms within fourteen days of such telephone notification, unless otherwise ordered by the Court.

CRITICAL

Subpoenas and praecipes for subpoenas must be filed seven days before trial with the required deposit.

All subpoenas or praecipes for subpoenas must be filed seven days prior to the scheduled trial date with the required deposit.

CRITICAL

Deadline

3 business days

Applies to

Jury demand

A jury demand in a forcible entry and detainer action must be filed and notice given to all parties at least three business days before trial.

Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the trial date.

CRITICAL

An untimely motion to transfer will be stricken from the file.

(C) An untimely motion to transfer shall be stricken from the file.

CRITICAL

After a party files objections, any other party has ten days to file objections.

Thereafter, any other party shall have a period of ten days to file objections.

CRITICAL

Applies to

Counterclaims and cross claims

Counterclaims and cross-claims must be filed at least seven days before the scheduled trial.

All counterclaims and cross-claims must be filed at least seven days before the scheduled trial.

CRITICAL

When findings of fact and conclusions of law are requested, the objections period begins when the magistrate files a decision containing them.

If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision including findings of fact and conclusions of law.

CRITICAL

Applies to

Jury demand withdrawal notice

Notice to the Court that a jury demand has been withdrawn must be made no later than seven days before trial.

(B) Notice to the Court of the withdrawal of jury demand shall be made no later than seven days prior to the date of trial.

CRITICAL

Applies to

Brief in opposition

An opposition brief to a motion for summary judgment is due within 30 days.

A party shall have thirty days to file a brief in opposition to a motion for summary judgment.