Marietta Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An electronic or fax filing received after 4:00 p.m. is deemed filed on the next business day, at the date and time stamped by the Clerk.

If the Clerk receives an electronic or facsimile filing after 4:00 pm, the filing shall be deemed filed on the next business day on the date and time the clerk time stamps the document received.

CRITICAL

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

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

CRITICAL

The Clerk must accept filings 24 hours a day.

The Clerk shall accept filings twenty-four (24) hours a day.

INFO

Applications for certification as court-appointed counsel may be filed at any time.

Applicants for certification as court appointed counsel may be filed at any time.

CRITICAL

A request for a view by the trial jury must be made at least fourteen days before trial.

A request for a view by the trial jury shall be made at least fourteen (14) days prior to trial.

CRITICAL

Special proceedings must be set for hearing within any Ohio Revised Code time limit, or, in other special proceedings, within a reasonable time not exceeding 90 days.

Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

CRITICAL

If the settlement entry is not received within 14 days after notice that the case is settled, the Court notifies the party that the case will be dismissed unless the entry is received within an additional 14 days.

When a file has been marked as settled and the entry has not been received within fourteen (14) days of said notice, then the Court shall notify the party that the case will be dismissed unless the entry is received within an additional fourteen (14) days from the date of the notice.

CRITICAL

Unless waived or modified by the judge or magistrate, the pretrial statement must be filed at least seven days before the pretrial conference.

Unless waived or modified by the Judge or Magistrate, at least seven days before the pretrial conference, the parties shall file a pretrial statement which shall include the following:

CRITICAL

Except for motions normally made at trial, motions must be made within the time limits prescribed by the Ohio Rules of Criminal Procedure and/or Ohio Traffic Rules.

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

CRITICAL

Proposed jury instructions must be filed in the Clerk’s Office seven days before trial in all jury cases.

Proposed jury instructions shall be filed in the Clerk's Office on all jury cases, seven (7) days prior to trial.

CRITICAL

Proposed jury instructions must be submitted seven days before trial unless the Court orders otherwise.

Proposed j ury instructions shall be submitted to the Court seven ( 7) days prior to the scheduled jury trial or as otherwise ordered by the Court.

CRITICAL

Cases with no motion, affidavit, pleading, or entry for six months—or three months in Small Claims—shall be dismissed without prejudice at the plaintiff's cost.

All cases not reduced to j udgment, which have remained on the docket for six ( 6) months or three (3) months in Small Claims Cases without the filing of any motion, affidavit, pleading or entry shall be dismissed by the Court, at plaintiffs cost, without prejudice to a new action.

CRITICAL

The opposing party must respond to an objection within ten days after it is filed, unless the Court orders otherwise.

The opposing party shall have ten ( 1 0) days from the date the obj ection is filed to respond unless otherwise ordered by the Court.

CRITICAL

Parties wishing to respond in writing to such motions shall do so not later than the fourteenth date following service of the motion or three (3 ) days prior to the scheduled oral hearing date.

Parties wishing to respond in writing to such motions shall do so not later than the fourteenth date following service of the motion or three (3 ) days prior to the scheduled oral hearing date.

CRITICAL

The appointment entry must be filed immediately upon selection of an attorney, unless the Judge determines the attorney is unsuitable for that defendant or case.

Immediately upon selection of an attorney, the Judge will file the appropriate entry appointing the attorney, unless the Judge decides that the attorney is not suitable for that particular defendant or that case.

CRITICAL

If the landlord does not request a hearing within two months after filing an escrow petition, the Clerk must set a hearing when that period expires.

If the landlord does not request a hearing within two (2) months from the date of the filing of an escrow petition, the Clerk shall set the matter for a hearing at the expiration of the two (2) months.

CRITICAL

Deadline

2 business days

Jury-trial requests must comply with Civil Rule 38; for restitution hearings in forcible entry and detainer actions, the request must be filed at least two business days before the scheduled hearing.

Requests for trial by jury shall be made in accordance with Civil Rule 3 8. In regard to restitution hearings in forcible entry and detainer actions, requests for trial by jury shall be filed at least two (2) business days prior to the scheduled hearing.

CRITICAL

Counterclaims and cross claims must be filed at least seven days before the hearing.

Counterclaims or cross claims must be filed and served at least seven (7) days prior to the hearing.

CRITICAL

Withdrawal applications made less than seven days before trial will not be approved unless the circumstances could not have been determined seven or more days before trial through reasonable diligence.

Withdrawal of counsel will not be approved if application is made less than 7 days before trial except for circumstances which by reasonable diligence could not be determined seven or more days prior to trial.

CRITICAL

A party must obtain service within six months after filing the complaint, or three months for a Small Claims complaint; after failure, the Court gives notice of dismissal in 30 days unless good cause is shown.

In the event there is a failure of service, the Clerk shall immediately notify counsel or the party, if pro se. If the party fails to obtain service of summons within six (6) months from the date the complaint was filed or three (3) months if a Small Claims Complaint, then the Court shall notify counsel that the case will be dismissed for lack of progress in thirty (30) days unless good cause is shown to the contrary.

CRITICAL

A party seeking to present witness testimony by telephone or video must submit a written request at least five days before the proceeding, although the Court may modify the period for good cause.

Parties who wish to provide witness testimony telephonically or by video conferencing shall submit a written request to the Court no less than five (5 ) days before the Court proceeding in which they intend to present the witness' testimony. For good cause shown the Court may modify the above time period.

WARNING

A party seeking a pretrial conference must file its motion at least two weeks before trial; the Court may also initiate a conference.

In any civil action, a pretrial conference may be had upon motion of either party if it is filed at least two (2) weeks prior to the date of trial or upon the Court's own motion.

WARNING

Attorneys should submit bills within 45 days after the last court date; failure to meet payment requirements may result in denial of payment.

Attorneys should submit bills no later than 45 days after the last court date. An attorney may be denied payment for failure to meet the time deadlines or comply with other payment requirements.

WARNING

A written not-guilty plea may be entered before arraignment in compliance with Criminal Rule 10; if approved, counsel and the defendant need not appear at the scheduled arraignment.

"Not Guilty" pleas may be entered in writing prior to the date of arraignment in compliance with the requirements of Crim. R. 10. If the written plea is approved by the Judge/Magistrate, neither counsel nor Defendant are required to appear at the scheduled arraignment.

WARNING

A withdrawal application generally will not be approved if made less than seven days before trial, unless the relevant circumstances could not have been determined at least seven days before trial with reasonable diligence.

Withdrawal of counsel will not be approved if application is made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven or more days prior to trial.