Mansfield Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A faxed document received by the Clerk is considered filed on the date the Clerk date-stamps it, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax and received by the Clerk will be considered filed with the Clerk as of the date the Clerk date-stamps the document, as opposed to the date and time of the fax transmission itself.

CRITICAL

A change of plea by agreed judgment entry for an offense other than a minor misdemeanor is permitted only with prior Court approval.

Change of Plea pursuant to an Agreed Judgment Entry on all offenses other than Minor Misdemeanors will only be permitted with prior approval of Court;

CRITICAL

All offenses involving changes of plea by Judgment Entry are subject to the approval of the Court prior to submission of the Judgment Entry.

All offenses involving changes of plea by Judgment Entry are subject to the approval of the Court prior to submission of the Judgment Entry.

CRITICAL

A document sent by mail or another delivery service is not considered filed until the Clerk’s office receives it.

A document sent by mail or other delivery service will not be considered filed until it is received in the Clerk’s office.

WARNING

Affidavits requesting waiver of court costs in civil actions must be assigned immediately to a judge for a hearing on their accuracy and truthfulness.

All Affidavits filed by any party in a civil action requesting waiver of Court costs shall be immediately assigned to a Judge of this Court for hearing to determine the accuracy and truthfulness of the affidavit.

WARNING

The Clerk must take no action on a filing until a judge determines indigency status.

The Clerk shall take no action on any filing until a Judge of this Court has determined the indigency status.

WARNING

The Clerk may treat a fax filing without the required cover page information as not filed and may, but need not, notify the sender.

If a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may properly treat the document as not having been filed. The Clerk may – but is not required – to notify the sender of a failed fax filing.

INFO

Settlement entries may be filed at any time.

Entries of settlement may be filed at any time.

INFO

Documents may be faxed to the Clerk at any time, including when the Clerk’s office is closed.

Documents may be faxed to the Clerk at any time, however, including times when the Clerk’s office is closed.

CRITICAL

Motions other than those normally made at trial must be made within the time limits prescribed by the Ohio Rules of Civil and Criminal Procedure.

All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Civil and Criminal Procedure.

CRITICAL

A response is due no later than the 14th day after service of the motion when no oral hearing is requested.

Parties wishing to respond to said motions shall do so not later than the 14th day following service of the motion or three (3) days prior to the oral hearing date if an oral hearing has been requested.

CRITICAL

The completed appointed-counsel fee submission must be received within 60 days after final disposition, unless the Court grants an extension; if the deadline falls on a weekend or court holiday, it is due the next available business day.

Unless an extension has been granted by the Court, if a completed "Motion, Entry, and Certification for Appointed Counsel Fees" is not received by the Office of the Mansfield Clerk of Court within sixty (60) days after the date the case was finally disposed of by the Court, such fee will be denied for payment. If the sixtieth (60th) day falls on a weekend or a holiday in which the Court is not open, the "Motion, Entry, and Certification for Appointed Counsel Fees" must be received by the next available business day for payment to be received.

CRITICAL

If a settlement entry marked to come is not received within thirty days, the Court must notify the party that the case will be dismissed unless the entry arrives within ten days.

When a file has been marked ‘settlement entry to come’ and the entry has not been received within thirty (30) days, then the Court shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.

CRITICAL

Opposing counsel must approve or reject the judgment entry within 5 days of its submission.

Opposing counsel shall approve or reject the entry within five (5) days.

CRITICAL

Motions, except those normally made at trial, must be made within the time limits prescribed by the Ohio Rules of Criminal Procedure.

All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within time limits prescribed in the Ohio Rules of Criminal Procedure.

CRITICAL

When service has been made, no answer has been filed on the second cause of action, and the Plaintiff has failed to file a Motion for a Default Judgment within forty-five (45) days of the Defendant’s last answer date, the Clerk shall immediately send a letter to the Plaintiff stating that they have seven (7) days to file the Motion.

When service has been made, no answer has been filed on the second cause of action, and the Plaintiff has failed to file a Motion for a Default Judgment within forty-five (45) days of the Defendant’s last answer date, the Clerk shall immediately send a letter to the Plaintiff stating that they have seven (7) days to file the Motion.

CRITICAL

The notice of execution must be filed with the Clerk at the time the post-judgment execution is filed.

6. Post Judgment Executions: All post judgment executions shall include a notice of execution which shall be completed by the executing party and filed with the Clerk of Court at the time of filing the execution.

CRITICAL

When no briefing stay is in effect or a stay has been lifted, parties must file briefs and other documents by their due dates or risk dismissal or other court action.

If no stay of the briefing schedule is in effect, or if a stay has been lifted, parties must file briefs and other documents when such filings are due, and the Court will dismiss cases for want of prosecution or take other action if the parties do not file briefs timely.

CRITICAL

Status conferences and pretrials must be in person unless a motion to conduct the hearing by phone is filed at least fourteen days in advance.

All status conferences and pretrials must be conducted in person, unless a motion to conduct said hearing by phone is filed at least fourteen (14) days in advance.

CRITICAL

The journal entry must be submitted to the judge or magistrate within 20 days of the decision; afterward, the Court will prepare it.

Within twenty (20) days of the decision, the journal entry shall be submitted to the Judge or Magistrate, or thereafter, the Court will prepare the journal entry.

CRITICAL

After the clerk’s letter, the plaintiff has seven days to file the default-judgment motion or the second cause of action will be dismissed with prejudice.

When service has been made, no answer has been filed on the second cause of action, and the Plaintiff has failed to file a Motion for a Default Judgment within forty-five (45) days of the Defendant’s last answer date, the Clerk shall immediately send a letter to the Plaintiff stating that they have seven (7) days to file the Motion. If the Motion is not filed within this time, the cause of action will be dismissed with prejudice.

CRITICAL

The judgment entry must be submitted to opposing counsel within 10 days of the decision.

That entry shall be submitted to opposing counsel within ten (10) days of the decision.

CRITICAL

A settlement may void the trial without an entry, but an entry must be filed within 20 days of the trial date or the case will be dismissed for want of prosecution.

The voidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within twenty (20) days of the date of trial, or the case will be dismissed for want of prosecution.

CRITICAL

The execution hearing date must be obtained from the Clerk when filing and may not be more than 10 days after service.

Hearing dates on executions will be obtained from the Clerk of Court at time of filing not exceed ten (10) days from the date of service.

WARNING

If the parties are not making progress, the mediator may return the case to the regular docket and terminate stays, and the entry lifting the stay will state when briefs are due.

The mediator has the authority to return cases to the regular docket and terminate stays if the parties are not making progress in resolving their case. Entries lifting stays, including entries returning cases to the regular docket, will set forth when briefs will be due.

WARNING

If a case not set for trial has had no activity for six months, the Clerk must notify the party that it will be dismissed within fifteen days unless good cause is shown.

If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within fifteen (15) days unless good cause is shown.

WARNING

A writ of restitution may be requested immediately after the hearing, but no later than 30 days afterward.

A Writ of Restitution may be requested immediately following the hearing and no later than thirty (30) days after the hearing.

WARNING

Deadline

5 court days

Unless the Court otherwise orders, the missing exhibit should be filed with the Clerk, as a separate document, within five Court days after the fax filing. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this paragraph.

Unless the Court otherwise orders, the missing exhibit should be filed with the Clerk, as a separate document, within five Court days after the fax filing. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this paragraph.

WARNING

The Court may suspend briefing while mediation negotiations continue, and parties should check the mediation referral entry for orders setting brief due dates.

The Court may suspend the briefing schedule until the parties complete negotiations, and the parties should review the Court’s entry referring the case to mediation for any orders related to the due dates for briefs.