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

CRITICAL

The court's Eastern Time zone governs the filing time, regardless of the e-filer's time zone.

Time at the court (Eastern Time zone) governs the filing time, rather than the time zone from which the e-filer makes the submission for e-filing.

CRITICAL

A document cannot be altered after it receives an electronic timestamp.

After a document receives an electronic time-stamp, the document cannot be altered.

CRITICAL

Documents sent by facsimile, e-filing, mail, or another delivery service are not filed until the Clerk receives and time-stamps them.

A document sent by facsimile, e-filing, mail, or other delivery service shall not be considered filed until such time as the Clerk actually receives and time-stamps the document.

CRITICAL

Upon acceptance, a document receives a timestamp showing when the Clerk originally received it, and the Court considers the document filed at that timestamp.

Upon acceptance by the Clerk, a document will receive an electronic time-stamp. This time-stamp will include the date and time when the clerk originally received the transmission. The Court considers an e-filed document filed on the date and time in the time-stamp.

CRITICAL

The filing date is the date the Clerk time-stamps the filed document.

Date of filing means the date time-stamped by the Clerk on a filed document.

CRITICAL

For fax filings received after 4:30 p.m., the Clerk will time-stamp them when received, and no later than the end of business of the following court day.

For any fax filing received after 4:30 p.m., the Clerk will time-stamp the filing when actually received but no later than the end of business of following court day.

WARNING

If the Clerk rejects a document, the e-filer receives an email stating the rejection and its reason.

If for any reason the Clerk does not accept the document for filing, the e-filer will receive an email notifying the e-flier of the rejection and the reason for rejection.

WARNING

A filer using any method other than in-person filing bears the risk of filing delays and other filing issues.

A person submitting a document for filing by any method other than in person filing shall entirely bear the risk of potential delay in filing or other filing issues.

WARNING

The Clerk may deem the site to have a technical failure if it cannot accept filings continuously or accepts them intermittently for more than an hour after 10:00 a.m.; known outages will be posted on the Clerk's website if possible.

The Clerk may deem the e-filing site to be subject to a technical failure on a given day if the site cannot accept filings continuously or only accepts filings intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. The Clerk will post known system outages on the Clerk’s website, if possible.

WARNING

A filer who elects electronic filing bears sole responsibility for delays, disruptions, signal interruptions, readability, and the risk that the document is not properly filed.

Any Filer who elects to file any document electronically solely bears the responsibility for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the full risk that the document may not get properly filed with the Clerk as a result.

WARNING

Parties who e-file outside normal business hours assume the risk of technical failures that prevent filing.

Parties e-filing after normal business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) assume the risk of technical failures that prevent the e-filing of their document.

WARNING

In-person filings must be presented at the Clerk’s office during regular business hours.

In person filing: by presenting the document in the office of the Clerk during regular business hours.

WARNING

A document the Clerk rejects receives no timestamp, and the e-filer receives a rejection email.

If the Clerk does not accept any document submitted for electronic filing, that document will not receive a time-stamp, but the e-filer will receive a rejection email as provided in these Local Rules.

INFO

Each e-filing receives a confirmation number, and the number and filing date and time appear on the e-filer's screen after successful transmission.

The Clerk will assign a confirmation number to each e-filing received by the clerk. The confirmation number and the date and time of the filing will appear on the screen of the e-filer’s computer upon successful transmission of the filing.

INFO

The clerk receives electronic documents 24 hours a day, seven days a week.

The clerk receives electronic documents 24 hours per day, seven days per week.

INFO

An e-filer may seek appropriate relief if a technical failure of the Clerk's system or site made an e-filed document untimely.

If a technical failure of the Clerk’s e-filing system or site occurs, an e-filer may seek appropriate relief if such technical issue rendered the e-filed document untimely.

INFO

After successful processing, the e-filer receives an email confirming acceptance and filing, with the confirmation number and any assigned case number.

Upon successful processing by the Clerk of the document submitted for e-filing, the e-filer will receive an email stating that the Clerk accepted and filed the document. The email will also contain the confirmation number and case number assigned, if any.

INFO

After successful transmission, electronically filed documents receive a receipt confirmation showing the date and time displayed on the e-filer's screen.

All electronically-filed documents will receive a confirmation of receipt that includes the date and time acknowledgement displayed on the screen of the e- filer’s computer upon successful transmission of the e-filing.

CRITICAL

The appellee must file a brief within 10 days after service of the appellant’s brief.

the Appellee shall file a brief within ten (10) days after service of the Appellant’s brief,

CRITICAL

Deadline

72 hours

Unless the Court orders otherwise, parties must provide proposed jury instructions at least 72 hours before trial starts.

Unless otherwise ordered by the Court, the parties shall provide proposed jury instructions at least seventy-two (72) hours prior to the start of trial.

CRITICAL

The plaintiff or plaintiff’s counsel must promptly docket an entry of satisfaction, no later than thirty days after final payment or upon written demand after final payment.

Plaintiff or Plaintiff’s counsel shall promptly have an entry of satisfaction of judgment made upon the docket and in no event later than thirty (30) days after final payment or upon written demand after final payment.

CRITICAL

A party receiving the electronic filing notification does not receive the additional response time provided by Civ.R. 6(D) or Crim.R. 45(E).

Parties who receive the Notification of Electronic Filing shall not receive additional time to respond provided by Civ.R. 6(D) or Crim.R. 45(E).

CRITICAL

When an agency demand or request is a prerequisite to preparing or filing the record transcript, the appellant must file it with the agency when filing the notice of appeal, unless law or Ohio Rules provide otherwise.

In all cases in which an Appellant must make a demand or request to the agency as a prerequisite to the preparation or filing of the transcript of the record by the agency, the Appellant shall file such demand or request with the agency at the time of filing the notice of appeal, unless otherwise provided by law or any Ohio Rules.

CRITICAL

Receivers must file quarterly reports, with the first due within three months of appointment; a report not filed within 30 days after its due date may grounds removal without notice or compensation.

E. Receivers shall make quarterly reports. The first report shall be filed within three (3) months after date of appointment, and subsequent reports shall be filed quarterly thereafter. Failure to file any report within thirty (30) days after due shall be grounds for removal without notice and without compensation.

CRITICAL

A party must file each covered document within the time set by statute or Ohio Rule.

Where a statute or Ohio Rule fixes the time for filing any appeal, bill of exceptions, assignment of error, transcript, and/or brief, a party shall file such document within such time as required by statute or Ohio Rule.

CRITICAL

Court-appointed attorneys must meet the Ohio Public Defender’s Office deadlines for fee applications, generally no later than 30 days after final disposition; late applications will not be paid.

All court-appointed attorneys must submit any fee application within the time requirements set by the Ohio Public Defender’s Office—generally no later than thirty (30) days from the case’s final disposition. The Court/County shall not pay any attorney fee application submitted past the set deadlines.

CRITICAL

The party seeking a judicial sale of real estate must submit the preliminary judicial report within 14 days after filing the pleading requesting relief.

In every action demanding the judicial sale of real estate, the party seeking that judicial sale shall, within fourteen (14) days of filing the pleading requesting relief, submit a preliminary judicial report on a form approved by the Department of Insurance.

CRITICAL

The Court will not consider or grant a motion to withdraw submitted less than 14 days before trial, except in extremely rare and extraordinary circumstances when the interests of justice require it.

G. Except in extremely rare and extraordinary circumstances in which the interest of justice requires it, the Court shall not consider or grant a motion to withdraw submitted less than fourteen (14) days before a scheduled trial.

CRITICAL

An attorney receiving a proposed Judgment Entry shall have ten (10) days from receipt of the proposed entry to review the proposed entry and approve the entry or suggest modifications.

An attorney receiving a proposed Judgment Entry shall have ten (10) days from receipt of the proposed entry to review the proposed entry and approve the entry or suggest modifications.

CRITICAL

Case-closing documents must be submitted before the scheduled trial date when the parties settle a trial-assigned case.

When the parties settle a case assigned for trial, counsel for the parties seeking affirmative relief shall immediately notify the Court and shall submit any Judgment Entry or other documentation required to close the case prior to the scheduled trial date.

CRITICAL

The trial attorney must provide the required notice immediately upon being retained or appointed.

The attorney who is to try the case, upon being retained or appointed, shall immediately notify the Court that he or she is the trial attorney by filing a written notice of appearance with the Clerk of the Court and/or by signature and filing of any pleading in the case.

CRITICAL

The appellant must file a brief within 20 days after the transcript of the record is filed.

the Appellant shall file a brief within twenty (20) days after the filing of the transcript of the record;

CRITICAL

The final judicial report must be filed with the Clerk before the order or judgment entry ordering sale of residential real estate is submitted to the court.

Prior to submitting any order or judgment entry to a court that would order the sale of the residential real estate, the party submitting the order or judgment entry shall file with the Clerk a final judicial report

CRITICAL

A receiver’s inventory is due within 30 days after appointment, subject to an extension by the Court.

D. All receivers must file an inventory of the property coming into their hands as such receivers within thirty (30) days after appointment unless the time is extended by the Court.

CRITICAL

A request for an extension does not extend a deadline that the Court is legally prohibited from extending.

However, if the law does not permit this Court to extend a certain date, the filing of a request for extension shall not extend any deadline.

CRITICAL

The person responsible for a document must ensure its timely filing or obtain a legally permitted extension.

The person responsible for filing a particular document bears the sole responsibility for ensuring timely filing of any document or securing an extension of that deadline from the Court as permitted by law.

CRITICAL

The jury deposit is due within ten days after the party makes the jury-trial request.

If a party seeks a jury trial in a civil case, the party must submit a $500 jury deposit to the Clerk within ten (10) days of making the request.

CRITICAL

The preliminary judicial report must be effective within 30 days before the complaint or other pleading requesting a judicial sale is filed.

The preliminary judicial report shall be effective within thirty days prior to the filing of the complaint or other pleading requesting a judicial sale

CRITICAL

Attorneys on a Judge’s court-appointed attorney list must renew their requests by January 15 each year.

By January 15 of each calendar year, attorneys on a Judge’s court-appointed attorney list must renew their requests to remain on the Judge’s court-appointed attorney list.

CRITICAL

The Court may dismiss an appeal or otherwise dispose of it if the appellant fails to timely file any listed document or demand.

The Court may dismiss any appeal for want of prosecution or may make other appropriate disposition if the Appellant fails to file any appeal, bill of exceptions, assignment of error, brief, or demand for a transcript of the record within the time required or as extended by order of the Court or as required by statute or Ohio Rule.

WARNING

If no Notice of Dismissal is filed within thirty days after the Court is notified of settlement, the Court may administratively dismiss the case.

If the parties do not file a Notice of Dismissal within thirty (30) days of notification to the Court of settlement, the Court may administratively dismiss the case.

WARNING

Deadline

24 hours

Failure to give settlement notice at least twenty-four hours before trial may result in sanctions, including jury costs.

Failure to do so may result in sanctions, including but not limited to, jury costs if notice of settlement is not given at least twenty-four (24) hours prior to the trial date.

WARNING

After the briefing period expires, the case is submitted on the briefs unless the Court grants a party’s written request for oral argument.

When the time for filing briefs expires, the Court shall consider the case as submitted on the briefs unless the Court grants a party’s written request for oral argument.

WARNING

The appellant may file a reply brief within 5 days after service of the appellee’s brief.

and Appellant may file a reply brief within five (5) days after the service of the Appellee’s brief.

WARNING

After the filing period expires, the case is submitted on the briefs unless the Court grants a party’s written request for oral argument.

When the time for filing expires, the Court will consider the case as submitted on the briefs unless the Court grants a party’s written request for oral argument.